El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-09-14
MIR. HARVEY'S PETITION.
An Issue That Again Brings up the
Question of Justice VS. Recorder

An Issue That Again Brings up the
Question of Justice VS. Recorder.
In his petition to the district court
for a mandamuso on The city reco der
for official recognition by the latter,
the petitioner states his position as
county attorney. and that the city
charter says the recorders court shall
| have Jurisdiction and cOgnizance OF all
misdemeanors, beaches of the peace,
infractions of the ordinances, and
other cases arising under the laws OF
the city, and shall be deemed always
open for the trial of said cases, etc,
also, the recorder shall possess and ex-
ecute in the city in criminal cases a.!
| the powers and duties of Justice OF
the peace, and shall have the same
authority and like powers with justices
of the peace in the prevention and sup
preston of crime, but he shall in no
case entertain jurisdiction in civil
suits" etc.
| Petitioner shows that the city cOnn-
ell p .ssed ordinances Furnishing va
grancy, unlawfully carrying arms,
assault, ARRAYS, drunkenness, disturb
ing the peace and abusive language IN
language identical with the state stat
utes relative to same; also, that the
city asserts through it's city court the
right to try Offense5 arising under the
laws of the state, and which have been
denOminated offences against the city
ordinances by virtue of certain pro-
visions in the city charter to the eff CT
that the recorder sh-ll be the chief
judicial officer of the city, and his
court shall have jurisdiction over
bonds, issue subpOenas, punish con-
tempt issue and have writs served the
same as when issued by a justice of the
peace, administer oaths. He
shall have all the powers of JUS
tice. of the peace in suppression
of crime, but shall not entertain
Jurisdiction in civil suits.
Petition AYERS that under the state
constitution it is his sole province and
duty to appear for the state in all cases
in the recorders court of the city of Ell
Paso, arising under the laws and stat
utes of the state: and thatin so far as
violations of state statutes are concern
ed the recorders court is branch OF
the state judiciary, and any attempt on
the part Of the cit council to create
and establish ordinances heretofore
created by the legislature of the state
as violations of its law is and was in
effectual and void, and that nOtwith-
standing the city councils action, the
recorders court has no authority in
law to try violations of the penal code
of the state, except that the recorder
is under the law an eX-OfficiO justice of
the peace, and while trying offenders
for violations of the state laws his
court becomes a Justices court and
part of the state judiciary.
That as it is the constitutions right
as well as the DUTY of plaintiff to ap-
pear for the state in all the county in
ferior courts the city charter requ1r-
ing the city attorney to appear in the
recorders court are void 10 so far as
violat' Ons of any statute of the state Is
concerned, although the same offenses
are styled OtfenseS against the city or
dinances.
| Petitioner AYERS that on Aug. 81
last when one 1. J. Martin was before
The recorders court charged with
drunkenness, q violation OF the state
statute, and petitioner s.Ood ready to
repres snt the state in the prosecution
wien the recorder denied him the right
of so dong, although required to so
prosecute by the laws aud constitution
of the state. Peti ioner ayers appear
ing before the recorder several times
since above date IL fur therance of his
! duties as state officer, but has been
refused and deprived of this privilege
right and duty accruing to him as
aforesaid. Plant fl shows that in all
matters so arbitrarily determined by
the recorder he has asked in a purely
ministerial capacity, and not in the ex-
ercise of any discretionary power, nor
judicial discretion, and by his acts has
deprived petitioner of legal right.
Therefore plaintiff prays for an al
| Tentative writ of mandsmus requiring
defendant to appear and show cause
why preemptory writ OF mandamus
should not issue requiring defendant
to permit plaintiff to prosecute in the
pane OF the state all cases pending in
the recorders court arising under the
state penal code, notwithsta the
same may be violations of the city or
| dinanceS.
Judge Buckier has issued the alter
native writ prayed for, requiring Re
corder Patterson to answer Thursday.
| Sept, l6,