The record-union., 1894-01-09
DOUBLE-HEADED POLICE COURT.
Yesterdays Contention Over That
Very important Office.
Chief Rodgers Refuses to Recognize
Judge Buckley's Authority-The
Matter to be Tested.

In moment Justice Devine entered
and sat down. Rising, he addressed
Judge Buckley. calling his attention to
the fact that he was the City Justice. and
that as the new charter went into effect
that morning and delegated to him the
power to hold the Police Court and exer-
else the functions OF Police Judge he
was present and ready to take his place
and so act. He was aware that there was
some doubt expressed as to the legality
of the provision, but he was there to make
the effort to take his place.
Judge Buckley stated that he was
aware of the fact that the charter had
undertaken to abolish the Police Court
and cast his duties on the City Justice.
He was satisfied, however, from several
decisions of the Supreme Court, one
being SO late as last month, that it was
not in the power of the freeholders to
abolish any court. 1t could only be done
by an act of Legislature
He should respectfully but firmly de-
cline to relinquish his office, not from
any lack of respect for Justice Devine,
but he wished to have the matter legally
determined. He had consulted with the
new City Attorney, and would adopt his
suggestion to continue the calendar until
tomorrow morning and report the mat
ter to the Board of Trustees. He wished
il understood that he had not the slightest
wish to be an obstructionist but he was
fortified by the opinion of number of
able lawyers given voluntarily, as well as
that of A. L. Hart to the Trustees. He
was satisfied that the court had not been
abolished.
City Attorney Brown said that, under
tho nnSIfinfl TO l1ny hIv TT1d Pt1ol ho
would consent that the calendar be de-
ferred day and the matter reported to
the Trustees.
THE TRUSTEES ACT.
When these facts were reported to the
Trustees the following resolution was
passed:
"ResoyUed, That J. B. Devine, City JUS
tice of the Peace, be and he is hereby di-
rected TO hold the Police Court and his
court as such Justice in the courtroom
IN the old City Hall heretofore used as
the courtroom for the Police Court, and
to vacate the courtroom heretofore occu-
pied by him."
BUCKLEY's COUP D'ETAT.
At 3 P. NJ, however, Judge Buckley re-
sumed the bench and ordered the Clerk
to enter an order vacating the order con-
tinuing the calendar. This being done,
Judge Buckley called the case OF Michael
Ward, charged with battery, and ordered
1t entered that the defendant was in Gus
tody of the Chief of Police.
Ward was thrice called at the door of
the courtroom by Officer Goods, but did
not appear.
Judge Buckley then sent Officer Goods
to demand of Chief Rodgers that he pro-
duce the prisoner for the order of the
court, as justice might demand.
Chief Rodgers sent reply that he de-
clined to do so, being thus advised by
City Attorney Brown. Judge Buckley
then had the Chief called, and he ap-
peared and said that under the advice of
City Attorney Brown he declined to
recognize any court in session, or the
orders of Judge Buckley as a magistrate.
Judge Buckley replied: 1.-THE City A.
torney is not to advise you. His duty is
to prosecute cases. not make orders
about the prisoners in your custody, or
to direct what courts are to be recog-
nized."
IN HOT CORNER.
Chief Rodgers-I am between two fires.
l want to see the matter settled,
Judge Buckley-Call City Attorney
Brown.
It was done, and Mr.. Brown appeared.
Judge Buckley-This case of Ward is
called. The Police Court is now in ses-
sion; the Chief refuses to produce the
prisoner under your advice. Why is
this?
Mr.. Brown-I decline to recognize this
Rs a court.
Judge Buckley-You protest, then?
Mr.. Brown-No, sir; | decline to recog-
nize you as Judge of the Police Court of
Sacramento.
Judge Buckley-Very well, your case
and that of the Chief L continue until 10
A. NJ. tomorrow, to consider your cases
as matters of contempt
Chief Rodgers-I can't help it: what
can l do?
Judge Buckley-You may consider the
matter of false Imprisonment, for do
now discharge the prisoner Ward for
want of prosecution, complaint being On
file. He is in custody and entitled to ap-
pear and be heard and have his case
passed upon.
Clerk McCracken then made out the
order of dismissal, and an order to the
Chief to release the prisoner. This was
soon after delivered to the Chief in his
office. Meanwhile Officer Goods and
City Attorney Brown were engaged in
preparing papers for the rearrest of Ward
if he should be discharged.
1t will be seen by the report of las
nights meeting Of the Trustees that Just
tice Devine will hold court at his own
Office this morning.
TWO WAYS OPEN FOR TEST,
When Judge Buckley left the bench he
said that if Judge Devine as Police Judge
signed the warrant for the rearrest of
Ward, in case the Chief obeyed the order
of discharge, then the test of the right to
the office could be made on writ of habeas
corpus for Wards release from illegal re-
straint. If, however, the Chief should
hold Ward and reject the order of dis
missal and release, writ of habeas cor
pus for release from illegal imprisonment
would also bring the matter to test as to
who is entitled to the Office of Police
Judge.
In his case, he said it was purely a
contest without feeling. and Judge De-
vine has assured him that there was no
feeling on his part. So the contention
was entirely friendly one, but with due
regard to the preservation of the rights of
both parties.
SURPRISE FOR THE JUDGE.
But matters took different turn from
what Judge Buckley expected. When
the order for the discharge of the prisoner
was presented to Chief Rodgers he
obeyed it and released Ward from Gus
tody, but Immediately rearrested him on
q warrant issued by Township Justice
w. A. Henry.
A friend of Judge Buckley, however,
suggested that Wards case could still be
made test, as the dismissal of the charge
against him by Judge Buckley was ad-
judication, and could be pleaded as bar