The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-10
CLIPS HIS WINGS
JUDGE REED LIMITS POLICE JUDGE
TUCKER 10 THE CITY.

He Decides that the Law Extending Jaris-
diction of Police Judge Over the County
h Unconstitationai--( annos 10 to the
Country After Jarors-LAw In Regard
to Nuisance and Assistant Attorney
General b Sustained Bird and
X. Il. vermiilion Oaly Called Part.a
victory-Taken to Supreme Court
There was a good sized crowd IN the
district court room a, 2:S0 p. m. yester-
day. at which time Judge Reed had
announced that he would render his
case.
Arguments. as stated in Sundays
Eagle. had been made TO show that the
Murray law was unconstitutional be
cause ii did not provide for jury trial.
That the law extending the Jurisdiction
Of police judge and the law providing
for the appointment OF an attorney gen
legislation was foreign TO the title OF
the law named
Judge Reed said that there had been
exhaustive arguments on both sides
and that he would not argue the case
now as all interested knew the points
al issue. He would. therefore. only
state his conclusions
He held that the law was not uncon-
stitutional because of the omission TO
provide for jury trial because there
was already jury law on the statute
books Of which all arrested under this
law cOuli avail Themselves
He also held that the section provid-
ing for the appointment of an assistant
attorney general in certain cases was
sufficiently covered in the title and
hence not unconstitutional.
The law of 1889. entitled AN act re-
lating to the police government of cities
"a portion Of one section which reads):
land in addition thereto the police
judge appointed under this act shall
have concurrent Jurisdiction with JUS
tices Of the peace of all offences in the
city arising under the laws Of the state
and concurrent Jurisdiction with JUS
tees of the peace of all cases arising
in the county under the laws OF the
state" was then considered
Judge Reed held that the latter clause
OF the section quoted was unconstitu-
tionel for the reason that is was not
sufficiently set forth in the title Of the
bill.
The opinion Of the court was deliver
ed orally and briefly, but 1t seemed to
be the idea of Judge Reed that while
the police judges jurisdiction might
be extended to cases arising under state
laws in the city under the title: An act
relating to police government of cities
that extending his jurisdiction all over
the county would not be warranted by
hn
The decision was no all that some
hoped for but nevertheless there was
good deal OF satisfaction expressed as
ii will confine Wichita's fight within
her own borders and there will be no
more running to the country at great
expense TO the county for jurors.
Some of the attorneys who are UNDER
stood to be employed to defend jointists
declared that they will now demand a
jury trial in every case brought in the
police court which will give them a
chance for two jury trials and they do
not believe that a jury can be secured
in the city in some of the more noted
eases.
Colonel Nicholas Bird gave notice
that he would appeal the habeas cor
pus case to the supreme court on the
points which Judge Reed had failed to
decide in his favor and that will make
more work for Tiger Ri1l