Los Angeles herald., 1892-09-20
MUST GET OFF THE VOOLsACK,
Justice King Knocked Out by
Judge Van Dyke.
Yesterdays Happenings in the Va
ri0us Courts.
A Foundryman's Suit for the Loss Of an
Eye-New Cases Filed-A Batch
of Interesting Court
Notes.

|
deavoring to open court in Los Angeles
for the laet month or two, was yesterday
knocked out by Judge Van Dyke, aud if
he holds court at all it will be in Bur-
bank, to which place he was originally
elected. The opinion handed down by
the court discusses important questions,
and was as follows:
In re H. w. Daggett vs.. p. E. King,
justice of the peace-This is an applica-
tion for writ of prohibition. La his
affidavit. or complaint, the petitioner
alleges that in November, 1890, p. E.
King was elected justice of the peace for
Los Angeles township, in the county Of
Los Angeles, state OF California, said
| township comprising the voting pre-
cincts of Burbank, Glendale, Garvanza,
La Canada and Tejunga, in said county !;
that said King duly qualified as such
| justice, and entered upon the discharge
Of his duties as such within said terri
tory, and that his term of Office will
continue therein until the first Monday
in January, 1898; that no pau OF the
city of Los Angeles formed any part of
the city OF Los Angeles township, and
never was added thereto, and
that the said King has never been
appointed justice of the peace to hold
his court as such justice of the peace in
| said city; that in August, prior to the
22d day, 1892, the said King selected as
his Office and commenced to hold court
in room 70, Temple block, in said city !;
that said Los Angeles city is not located
in any township for which said King
has been elected or appointed, and that
said King has not been requested to
hold the court of any other justice OF
the peace who has jurisdiction or au-
thority to hold court in said city, that
on August 22d, one Newman commenced
an action against the petitioner, by
filing complaint in the office and court
OF said King, in said city, and on the
same day a summons was Issued by said
King, returnable before him at theplace
selected by him for holding his court in
said city; that unless restrained the
said King will proceed to try said case,
against the objection and consent of the
plaintiff.
In his return to the alternative writ,
Justice King admits the foregoing state
ment of facts contained in the COM
plant, except that he denies that the
city OF Los Angeles has not been added
to said township for which he was
elected, and alleges that on the I'd day
of June. 1892, the board of supervisors
of said Los Angeles county, by an order
regularly entered upon their minutes,
attempted to consolidste into one town
ship, under the name of the clos An
geles township" the said Los Angeles
township and Los Angeles city town
ship, in the said county, which said or
Jar fov~,;t$spv khc ovtorior hrs, nd q rioo If
said township is as follows: ~
''In re-changes of boundaries of Los
Angeles township and Los Angeles city
township. Moved by Supervisor Hub
bard, duly seconded and unanimously
carried, that the present township boun-
daries of Los Angeles township, and
Los Angeles city township, in this coun-
ty, be and the same hereby are changed,
and new township therefrom is hereby
created by uniting and consolidating the
territory within said townships into one
township; said township hereby created
to be named and known and being des-
ignated as Los Angeles township"
Power is conferred upon boards OF su-
pervisors in their respective counties.
among other things, ''to divide the
counties into townships, section, school,
road, supervisor, sanitary and other dis
tricts required by law; change the same.
and create others, as convenience re-
qulree." County government act, sec
tion 25, subdivision 2, laws of 1891: page
800.
By section IS of the same act it is pro-
vided that the board of supervisors OF
each county, on or before the first Mon
day in September, 1891, and thereafter
as public convenience shall require, dl-
vide their respective counties into town
ships, for the purpose of electing justices
of the peace and. constables. 1t is fur
ther provided in the same section that
[ in townships containing cities in which
| city justices are elected there shall be
| one Justice. In section 103 OF the Code
of Civil Procedure, as amended in 1891,
| it is provided that in every city having
$4,000, and not more than 100, 600 inhab.
itants, two justices of the peace are to
be elected; and in this city, according
ly, there are two city justices.
A Justices court may be held at any
/ place selected by the justice. holding the
same, in the township for which he is
elected or appointed; such court shall
always be open for the transaction ol
business. G. @. p, 104.
The next section provides that just
ice may hold the court of another justice
of the peace of the same county, at his
request. In section 107 of the same act
it isa provided that in case the town
ships of any county are hereafter
changed or altered, the board of super.
visors Of such county shall make proyi
sion as to what justices shall be success
sors Of the justices OF the peace of town
ships SO changed or altered.
The order of the board of supervisor
in terms changes the boundaries of two
townships so that township there
from is hereby created, by uniting ant
consolidating the territory within sail
townships into one township, the eait
new township to be named and know
and designated as Los Angeles town
ship.
1t was contended by respondent
counsel, at the hearing, that the powe
to divide the counties into township
and change the same and create others
did not confer upon the board the powe
to abolish an existing township, ant
that the effect of the order of the boart
, in this case was to abolish the forme
Los Angeles City township. II this con
| tention be correct, then clearly the re
spondent has no jurisdiction within th
city, because the old Los Angeles Cit
township is still in existence, and he
! not justice of such township. II tn
; effect Of the order of the board OF 80
pervieors be to create = new township
then the same result would follow, bt
cause respondent has not been electe