The record-union., 1894-01-22
It is NOT A new MADE COURT.
The City Justices Tribunal Has Legal
Jurisdiction.
Judge Catlin Decides that It Must Sup
plant the Former Municipal
Police Court.

Judge Buckley to continue to hold Office
under the new charter was settled on
Saturday by Superior Judge Catlin in a
very able decision rendered in the case OF
Ed Rand, who was tried by Judge Buck
ley and committed to Jail for thirty days
for vagrancy, from which Judgment the
prisoner appealed.
Judge Catlin holds that there is nothing
in the Constitution or codes of the State
to prevent Justices of the Peace from
hearing and determining the class of
cases over which Police Courts have
jurisdiction, but that, on the contrary,
they are given equal jurisdiction there
with, and that the trainers of the present
charter had full power to provide that all
such cases should be tried in the City
Justices Court, also to abolish the Police
Court by making no provision for its con-
tinuance.
The decision is so succinctly and clearly
written, that any intelligent layman can
readily comprehend it and perceive its
force. 1t is as follows:
THE ISSUE INVOLVED.
The petitioner [Rand] was arrested,
complained of and convicted for being a
vagrant, on the 9th DAY of January, 1894,
in Police Court held on that day in the
City of Sacramento by Henry l.. Buck
ley, who heretofore haG been the Police
Judge under the former charter Of the
city, and who claims that the present or
new charter, which went into full effect
on the 6th day OF January, 1894, does not
affect the former Police Court nor the
tenure OF his office as the Judge thereof
Petitioner was sentenced to thirty days
Imprisonment, and now claims his dis
charge upon the ground that the Judge
had no legal right to exercise the Office
of Police Judge at the time mentioned,
for the reason that his office had been
abolished by the going into effect of the
new charter, under which the duties and
powers of the former Police Judge were
devolved upon the City Justice OF the
Peace
THE LOS ANGELES CASE.
1t is claimed in opposition 10 the petit
ton that the question is settled by the
decision of the Supreme Court in the
case of the People VS.. Toal, 50 Cal. 333,
wherein it was held that Police Judge
neither elected to, nor claiming to hold
any other office than the one attempted
to be established by the resolution OF the
Legislature approving municipal char
ter, was not Judge de JUTe or de T0ctO.
But [ do not assent to this contention.
There is a marked distinction between
that case and this in the vital point. The
committing magistrate in the Toal case
was the sole creation of the freehOlders'
charter of Los Angeles without any other
authority and the case was a clean pre-
sentation of the naked question as to
whether, by the formation of city char
ter under Section of Article XI., a Po-
lice Court could be created and estab-
lished
SUCH IS NOT THE QUESTION HERE,
For the reason that the petitioner was not
committed by a Police Judge created by
and acting under the new charter of Sacra-
mento. TO hold otherwise, would be to
hold that the Police Court created by the
Act to incorporate the city OF Sacra-
nento,' passed April %, 1868, and the
Judge thereof, is and must continue to be
a court and officer under the new charter;
or, if not so held, then it must in effect
be held that the government of this city
is to be administered partly under one of
said charters and partly under the other.
NOT a NEW OFFICE.
The New Charter does not attempt to
create the Office of Police Judge; but
merely provides that the judicial func-
tions of the municipality may be per-
formed by the City Justice of the Peace,
Court and officer already in existence, by
virtue of general laws with powers and
jurisdiction ample Tor the purposes of the
city government.
For an understanding of this purpose
of the Charter it is necessary only to
refer to Sections so to 80 of that instru-
ment without repeating them at length.
AS to the powers and jurisdiction ofthe
City Justice, in addition TO those con-
ferred by Article 3, Chapter 3, of the Code
of Civil Procedure, the Act Of March 9,
1888 Qaws of 1888, page 63), provides all
that is needful. Section l of this Act is
as follows: justices of the Peace of
any township composed in whole or in
part of an incorporated city or town, and
Justices of the Peace in any city or town,
in addition to the jurisdiction and powers
now conferred upon them, are authorized
and empowered to exercise all powers,
duties and jurisdiction, civil and crimi-
nal, of Police Judges, Judges of Police
Courts, Recorders Courts or Mayors
Courts, within such Cities"
THE CHARTER Is RIGHT.
That it was the intention of the new
charter to abolish all the offices of the
old city charter, except those officially
kept alive, is manifest from the follow
ing language OF Section 227: ''All offices
of this city heretofore existing, shall, un-
less expressly continued in force by this
charter, cease to exist at the time this
charter takes effect, and shall be sup
planted by the offices herein provided
for, and the incum bents of the offices so
abolished shall surrender to the officers
having like powers and duties, as pro-
vided by this charter, all moneys, bonds,
contracts, books, accounts, records, files,
furniture and property Of the offices so
abolished"
1t only remains to inquire whether, by
the substitution of the new charter for
the old one, the office of the Judge of the
Police Court, with the other city offices of
the latter, cease to exist.
POWERS OF THE NEW CHARTER.
/ think this is answer ed by the Consti-
tuition itself, when it declares what the
effect of a new charter shall be- Section
of Article XI. provides that after the
adoption of such charter sit shall become
the organic law thereof (of said city,, and
supersede any existing charter, and all
amendments thereof and all laws incon-
sistent with such charter"
The above is Section of Article XI. as
amended. AS originally adopted it read,
land all special laws inconsistent with
such charter" This change may we'll be
noted as evincing an intention to make
new charters fully effective for all the