The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-20
POLICE JUSTICE OF ASHEyILLE
Bill Creating the Office Not Defective.
As Has Been Reported.

As Has Been Reported.
There is no defect in the act amending
reported in several papers in the State,
SO far as the appointment of a Police
Justice is concerned.
The act amending the charter and the "
act providing for the appointment of a
Police Justice are separate acts, and were
passed and ratified at different times
the charter amendment bill was ratified
on March 10, and the Police Justice bill
on March 5.
The amendment bill is perfect. with
the exception of the omission, by the
enrolling clerk, Of that part of the clause
which provides for the election of a city
attorney by the people. This, however,
does not injure the law. The city at
torney will simply have to be elected by
the people as he has been heretofore.
The clause omitted is part of section
three, which provides for the election of
various city officers. Section three makes
provision for the election of chief of
police and tax collector at the regular
election in May of this year, concluding
| at the bottom of page as follows:
And that on said first Monday in May"
| --. Page five then commences with
Il provision for the appointment of judges
| and registrars. The remaining portion
| Of the section as omitted provides for
| the election of a city attorney in man
| ner identical with that of the frst-named
| officers. This, however, will not be OPP
| erat;yC. and the attorney, if elected at
| all, must be by the board of aldermen
| under the old law.
The bill providing for the appointment
and election of a Police Justice is perfect
nd Eas 1nlv oil rat
Its provisions are as follows:
l. That the Governor shall appoint Il
discreet citizen and qualified elector Of
the city of Ashevile, who shall be known
as Police Justice.
=. He shall qualify at once and hold
office until the first Monday in May, 1898.
| at which time his successor shall be
| elected by the people, and annually there
after. The salary of this Police Justice
is to be $500.
,. The Police Justice is constituted an
Inferior Court, with all the jurisdiction
and power in criminal offences occurring
within the city of Ashevile, which are
now or may hereafter be given to JUS
tees OF the peace. and it shall be the
duty of this officer to exercise and have
jurisdiction in all criminal causes, and
TO hear and adjudge msdemeanors con-
sisting of violation of any ordinance of
the city, to the same extent and in like
manner as is now exercised and perform
ed by the mayor. under the provisions of
the law now in force for the government
of the city. - s,'f
! A. All sections of the laws and the
charter of Asheville giving the mayor jul
risdicton in criminal offences or exclu-
sive jurisdiction to hear and determine
all misdemeanOrs consisting of viola
ton Of an ordinance. together with the
jurisdiction to try actions to recover fines
imposed by the laws of the city are re-
pealed and all these Jurisdictions and
powers are conferred upon the Police
Justice.
>. In cases where judgment may be
entered up against any person for fines
or penalties and the person refuses or is
unable to pay and is required by the Po-
lice Justice to work out such fines or costs
on the streets, or other public works, the
full time Of such sentence shall not ex-
coed thirty days, and at the end of that
time the defendant shall be discharged.
No person sentenced under the provisions
of this act shall be farmed out to other
corporations or worked outside of the
city limits.
In accordance with the provisions of
this act. Governor Russell yesterday,
when the law was discovered in the
office of the Secretary of State. appointed
Mr. Eugene ID. Carter, as Police Justice
of the city of Asheville.