Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-08-29

the enforcement of the state criminal laws,
to-wlt: that of the justices courts.
OIL am unable to arrive at any other concluS-
ion than that in order to increase the juris-
diction and power of our city court as TO
the enforcement of state laws, the legisla-
ture mustin like manner increase the juris-
diction and power OF all city courts of the
state. The legislature can not any more
enlarge the Jurisdiction of one city court is
to state laws without enlargins the others
than 1t can enlarge the jurisdiction of one
justice court or the Justices court of one
county without enlarging the jurisdiction
OF the other justices court of the state. And
if such change can be made as TO both city
and justices courts by special law, then the
inhibition in the constitution means moth
ing.
l need hardly say in conclusion that in
considering these courts as a class II Is I'M
material what we call them, whether
mayors or recorders or city courts, the
name making no difference. since each
means the court of and within the munich
pality. If the changing of name from re
corder'S court to city court would remove
the restriction in the constitution. then by
calling a Justices court by another name
the legislature might pass as many bills of
local or special nature as it pleased affect
ing these courts. 4
l. There are also other objections which,
while | would not hold they made the act
invalid, yet may render il so, to-wit:
Said clause of said act is uncertain in
that it does not state whether the exclusive
jurisdiction of the city court shall be of all
offenses against the Sunday law committed
in Tarrant county or only those committed
within the corporate limits of the city of
Fort Worth And dividing day into
parts and making the jurisdiction of an
offenSe committed on that day to depend on
the hour in whiclFit was done is unreaSona-
bic, and is an anomaly perhaps without
parallel in legislative enactment, and al
most exceeds the bounds of legislative
power, even though there be no express
provision in the constitution forbidding such
legislative action. Said act is in effect an
effort to engraft an exception on
the general Sunday law of
the state by saying in effect
that said state law shall not apply to the
city of Fort Worth, provided the city
authorities see fit to not enforce ii before
a. m. and after p. m. The city had con-
current jurisdiction already, and the right
to prosecute every violation of the law. 1t
needed no further control over these cases,
unless it was for the purpose of relaxing
the law and giving consent to its violation
before a. m. and after p. IL.
D. For the reasons above mentioned hold
the act giving exclusive jurisdiction to the
city in Sunday violations unconstitutional.
W. d HARRIS, County Judge.
Filed August 4, 1891
JOHN p. KING, County Clerk.
BY VoLCK. Deputy
This conclusion of law and facts has been
regarded by many lawyers as an able eN-
position of the matter and as il appears
above, so Will it be presented to the court
of appeals. Until the question of the con-
stitutionaity of the city's charter is def
nitely passed upon by the full bench, the
county authorities say they will continue to
act in the matter as though no decision ad-
verse to them had been rendered.