The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12

to have power TO try civil causes under
the laws OF the state of Montana as
has a justice of the peace.
The law prior to the passage of these
codes. conferred in a few apt words.
sec. IS GID p. 12S. session laws OF the
Third session. 1.-The same Jurisdiction
conferred by law upon justices Of the
peace" and IL these codes did not in
somewhat mystical manner contain
numerous provisions continuing in
force prior session laws in whole OF in
part. the court would not be at any
loss in the determination OF the matter
of this petition. for fl is apparent. 50
far as this court understands the rule
of construction OF statutes, that the
court of limited jurisdiction. the police
court and the police judge. would have
only those powers which are expressly
conferred by the laws now in force,
and the legisla ture having failed to
expressly give to such limited cour.
any other powers or jurisdiction con-
current with "a Justice OF the peace or
with a Justices court. this court Is
warranted In holding as II did at the
last term OF court in ishe constdera ton
of this case. that the poltce Judge did
not have any jurisdiction in the trial
OF civil causes arising under. tine laws
OF the state OF Montana: burt II APP
pears that said subdivision five grant,
Ing u pIAl-t IuuEG dS ui-NAilS
from the police court, the powers of
committing and examining magistrate.
was inserted in these codes in said
section. by authority of the act above
referred to as approved March 10, 1895,
at $40 D. IN. SAID act contained in the
body OF the act an amendment ITO sec.
1866 of the political code. whereas sec.
1866 is not mentioned in the title of the
said act, probably on account of cler-
cal error in the engrossing clerk.
The court has before Il at the pres
ent time a COPY of the said act, certi-
fed by the secretary of state on the
9th day OF September. 1895. under the
seal Of the state. and assumes the
same TO be a CORRECT copy Of the origi-
nal on file In the Office Of the secretary
of state: so that. under the construc-
ton of the provisions Of the constitu-
ton applicable 10 such ma tters. and in
the light OF the decision OF the supreme
court of ithis state in the gambling
case decision. this court Is forced 10
hold that subdivision five Is no part of
our law. SO THAI the only reason upon
which the RESPONDENT bases his claim.
so far as sec. 1911 or any other express
provision of these codes is concerned,
falls to the ground.
But the contention Of the respondent
goes further. His counsel claims that
IL said subdivision five is not a pant of
our ldNs DtSduSt OF A0e Illegal manner
or Its pasSage.-that the law as con-
tained in the above quoted par; of sec.
Is on page 12S Of the third session
laws. being part of an act entitled An
act no amend chapter %. fifth division
compiled statutes OF Montana, relating
to municipal corporations. and amend
menrs thereto. approved Sept. Is. 1887.
and also amendments thereto APPROX
ed March 4. 1889" said act approved
March Z. 1898. is still in force as grant
ing the same jurisdiction to police
magistrates and their courts as TO a
justice of the peace.
Respondent relies upon sections $3.50
and 51S6 of the political code Said
sec. $50 declares that 1.-THE repeal of
any statute or part OF a statute here
to fore repealed must not be consider
ed as a declaration. express or by i'm
plication. that such statute or part of
a statute has been in force at any
| time subsequent to such first repeal"
| The application of said sec. $3.50 does
not appear. Sec. 51S6 is as follows:
| The following acts are and are here
| by declared to he in full force and eff
| feet. except as herein otherwise pro-
| vided." Among such acts referred to
| in the last section and referred ito as
following. is the last act above re-
ferred to by little. approved March Z,
1893.
The court has before it the certified
copy hereinbefore mentioned of the act
approved at $40 %. m, March 49, 1895,
containing. among other things, the
| intended amendment to sec. 1866 of the
| political code. which amendment fails
| by reason of not being mentioned in
| the itBtle of said act. And, upon fur
| Their examination of the said certified
| act, Cbe!ng III. b. 29l.) we find that the
section of the session law of 1893, to-
| wit IL n IoS of so
| laws, is repealed. the repeating clauses
being section % of said certified act
Therefore, we find: first that SUBJ
| division five of section 49l1 of the polft-
| ical code. as printed in the codes, is
| invalid. in that 1t was not enacted in
manner and form as required by the
constitution and that the provision of
the session law of 1898 pertaining to
this matter. supra. is repealed. Where
| fore, we have no provision of law upon
| our statute books to-day comforting
| any power whatever upon a police
magistrate TO try civil cause not aris-
ing under the ordinances of the city
| of which he may be the police magis-
| trate. IL IL should be held. (by those
who may disagree with the court)
| that said subdivision five is still in
| force and effect the court is confident
that IL is right in its opinion that the
reasonable construction of such sub
| division ought to be and Is as first
hereinbefore stated. to-wit: that such
subdivision 90 can only reasonably be
| commandments of the use of the
word Judge and not court" and of
| the position OF said subdivision in the
section referring in the Beginning and
in the end ami in p,s body 20 criminal
| offsnses.-as comforting the powers of
AN examining and committing magis-
| trate upon the police Judge, these pow
| .l..HFa To
| dtction and nowhere else being con-
| ferred in the codes.
The court therefore finds for the pc
titioner and directs that he have the
relief demanded in his petition. Pro-
ceedings stayed pending appeal.
SHE NEW JACK POT.