The morning call., 1892-02-14
COURT HOUSE
FURNITURE.
An Important Decision by the
Supreme Court.
Judges Of the Superior Court Have No Right
to Dictate to Supervisors How or When
Court-Rooms Shall Be Furnished.
WashingtOD'S Birthday.

The Supreme CopSt yesterday made absolute
and alternative writ OF prohibition 10 the case OK
the county of Los Angeles against the Judge OF
the Superior Court of the county.
1t was an original proceeding in prohibition to
restrain the enforcement of an order made by
w. P. Wade, Judge OF the Superior Court, on
November IA 1891. The order was:
1t appearing to the court that no suitable court
room for the holding of the OF the in
Department g. together with the Chambers of the
Judge OF said department has been provided by
the card of Supervisors OF Los Angeles County,
together with the necessary furniture for the trans
action of the business Of the department And IL
further appearing that the Board of Supervisors
have provided certain rooms in the new Court
house OF said county for the department. which
rooms are now in course OF prepar alton and almost
in condition for occupancy.
And 1t further appearing to the court that ne
provision has been made by the Supervisors for the
necessary furniture OF said courtroom and cham
pairing furniture for those rooms In a manner to
render them available for the use Of said depart
ment, beyond the time necessary to finish such
courtroom and chambers
The Sheriff OF said county IS hereby ordered and
directed 10 provide such furniture shall be
sary for the use OF the court In the transaction OF
business for the courtroom, etc. and the expenses
incurred in providing such furniture 70 be reported
to the Judge of this department
A QUESTION OF AUTHORITY.
Judge Wade signed the rather revolutionary
order and the county appealed TO the Supreme
Court, which gave its decision yesterday. fhe
highest tribunal In passing upon the cas- says
The only question 10 be decided Is Que OF au-
thoTity. Did the court have jurisdiction 10 make
the particular OTder2 Section IA Of the Code
OF Civil Procedure is the only provision OF law
from which such power can be derived.
"Thls section provides that II suitable rooms,
attendants, etc, for tue Superior Court OF any
county are wanting the Judge or Judges OF this
court may direct the Sheriff OF the county To
provide such accommodations, and that it shalt
be charge to be paid out OF the treasury oil the
city or county,"
The Supreme Court found that the Courthouse
OF Los Angeles WAS unfinished at the inns The
appeal was made. The rooms designed for tue
accommodation Of the court OF which Wade Is
presiding Judge are IN the unfinished part OF Tho
building. The only question which the supreme
Court had TO answer was whether WadeS order.
was authorized by Section ! A OF the code.
The Supreme Court says: The completion
and furnishing of this county building is MAI
ter within the legitimate control of the Board of
Supervisors, and 1t is their duty 10 make ala
necessary contracts 10 that end.
AN EXCLUSIVE RIGHT.
Their right TO do so, il seems 10 us, must
necessarily be exclusive, Tor otherwise great
confusion might result. III each OF the Judges OF
the Superior Court has the power when he thinks
the Supervisors are unnecessarily delaying the
completion and furnishing OF COut house TO
take the matter out OF their hands and order
necessary work done, or tn necessary furniture
TO be procured by the Sheriff, II IS easy 10 see
what confusion would ensur.
We do not think the court and Judges have
such power.
The power conferred by Section IA is iusti-
fed only by the necessity which may sometimes
demand its exercise and ought not To be ell
laFged by construction. All that it authorizes Is
an order requiring the Sheriff TO provide Jhe
quarters or furniture or lights which the court
presently requires for the transaction OF It's
business.
1t does not authorize the court or Judge to
take out OF the hands OF the Board OF Super
ViSors the building, completion or furnishing OF
Courthouse, or to interfere with their contracts
In that DelaiLb