The herald., 1897-09-23
OF Celestial Lottery Men to
Save Themselves
POLICE COURT JURISDICTION
DENIED IN TOTO AS A THING
NOW PASSED
Henshaw and Graham's Contradictory
Defense-Arguello's Case Again
New Complaints Filed

Are the police courts Of the city legal
institutions and conducted III accord
ance with the law? Inasmuch as their
validity has not heretofore been chal-
lenged, the supposition naturally has
been that the police courts formed part
of the judicial system of the city, duly
provided for by statute. But now the
legal power of the city justices is being
impugned, the validity of the city courts
olouded, and five of the six superior
judges will sit in banc to pass upon the
legal points that have been raised.
On August Sd Ah Louie, Chinaman,
was complained against and charged
with keeping a place for the sale Of lot
terry tickets; he pleaded mot guilty"
before Justice NJ. T. Owens. and the case
was set for trial. The plaintiff, through
his attorney, Horace Appel, yesterday
filed his petition in the superior court,
and it promises not little trouble. In
it the court is asked to require Madison
T. Owens to appear before the superior
court and show cause why he should
not be prohibited from pretending" to
hold court
1t is alleged that Justice Owens has
been holding court within the provisions
of what is popularity known az the
whitney act" when in truth he was
not a police judge of the city acting
within its provisions, and there was not
at the time the complaint was filed, nor
is there now. any police court of the city
within the requirements of the Whitney
act
While the various legal points raised
are not Incorporated in the petition, be-
ing reserved for hearing before the
judges in banc. they are decidedly in
teresting. While the Whitney act has
been amended by successive legislatures
since its passage in 1885, the first section
has remained unchanged. Section / of
the act reads: "The judicial power of
every city having 10000 and under 100 900
inha bitants shall be vested in a police
court, to be held therein by the city just
ices, or one of them, to be designated by
the mayor, but either of said city just
ices may hold such court without such
designation, and it is hereby made the
duty of said city justices, in addition to
the duties now required of them by law
to hold said police court
About five years ago, in the case of
the people against Wong Wang, also a
lottery case, the supreme court held that
the moment the city of Los Angeles ac-
quired a population of 80 600 the juris-
diction of the superior court for trial of
misdemeanor cases occurring within the
city limits ceased. 1t held that in such
case the police courts Of the city ac-
quired exclusive jurisdiction under the
provisions of the Whitney act And to
decide this matter of population the su-
preme court held that it was not neces-
sary to wait for the federal census. for
the courts could take judicial cognizance
of a fact that all well-informed people
are supposed to know.
The last legislature provided for
census being taken IN certain cities, and
how it should be taken. The city coun-
Gil of Los Angeles, following the provi-
sions of that enactment, caused a census
of the population to be taken, and it
was found the population amounted to
100000. 1t is contended that the moment
that fact was esta blished the provisions
of the Whitney act did not apply. All
authorities hold that when the matter
of jurisdiction depends on the finding of
a fact, the moment that fact is discov-
cred jurisdiction is determined.
- SCtiiS do IL d very IfCt pOlII HdQ
been raised in carrying on the fight for
one of the Celestial law breakers, in.
whom the gambling instinct is as the
breath of their nostrils
But if the police courts passed out of
lega. existence when the Whitney act
was abrogated by reason of the city's
population reaching the 100000 limit
what courts had jurisdiction of these
misdemeanor cases? The answer is
made that the general law of the state
obtains, and under the county govern
ment act township justices are provid ed
for. but no city justices. Indeed, it will
be argued before the court in banc that
the last election of city justices was
without color of law, there being no pro-
vision for such election in the case of
cities of the class In which Los Angeles
figures by reason of its enhanced popu-
lation.