The herald., 1898-02-26
NOMORE POLICE COURTS
JUDGE VAN DYKE KNOCKS THEM
OUT HARD
AN OPINION WHICH SETS FREE
a Chinese Gambler Named All Sang
and Leaves the Court Clerks
Without Social Position

rbe existence of the Los Angeles polic'
courts has come to an end, to the exten
that an opinion from a superior judge car
dispose OF it. There is the recourse of al
appeal to the supreme court which will un
doubtedly be taken.
Judge Van Dyke decided yesterday tha
there are no police courts in this city al
the present time and that consequently
there are neither judges or clerks, de Jurt
or de facto. This decision is in connection
with the habeas corpus proceedings of All
Sang, recently heard. in Department -Four
of the superior court, in connection with
which the interested parties were impa-
tiently awaiting a dictum
The court holds that Justice of the Peace
Morrison, assuming to act as police judge
and w. W. Stockwell. assuming to act as
clerk of said court, had no such jurisdiction;
1t DEGREES that the warrant by which All
Sang is held is illegal and void, and orders
his discharge from custody.
The grounds upon which Ah Sang, who
was under arrest for gaming, Claimed MS
release by virtue of writ of habeas cor
pus were the unconstitutionality of the
acts by which police courts were hereto
fore established in this city, and also that
one of these acts had become imperative
as far as Los Angeles city was concerned,
inasmuch as the census of 1897 showed that
the city of Los Angeles had more than one
hundred thousand inhabitants just prior
to the commission of All Sang's offense.
After briefly reviewing the points invol-
we'd in the injunction suit of All Louie,
heard in bank, and those in the Everett
case before Judge Allen, in which opinions
haf n N
similarity with the present action. the
court cites several others in which the
supreme court had decided that Los Ange-
les was entitled to police courts under the
Whitney act from the time the city passed
into the class having more than 10000 and
less than 100 900 inhabitants.
Judge Van Dyke deduces from this prop
osition that whenever the city exceeded
100000 inhabitants it ceased to be within
the scope of the Whitney act and was no
longer affected by its provisions. The Ian
guage used by the legislature was plain
and unambiguous.
Touching upon another point the court
says:
The suggestion of inconvenience that
may arise from a decision adverse to
the existence of the police court in this
city should not and does not have any
effect in influencing the action of this
erly addressed to the legislative depart
ment of the government and not to the
courts. The business of the latter is
simply and only to administer the law
as they find it, and not to make laws
But, inasmuch as the provision of law
in reference to the election of city jus
tices has been held to be cons titutional
and the fact that in addition to the
township justice there are at present
IL
under such law, the city of Los An
geles is amply provided with inferior
courts without its police court.
The provision in regard to police
courts in the political code, referred to
during the hearing of the writ, has
reference to municipalities organized
under the general law on that subject;
but it is admitted that the city of Los
Angeles is not and never has been, or
ganized under the general municipal
corporation act At the time of the
adoption of the present constitution
Los Angeles was operating under a
special charter and is now operating
under freeholders' charter framed in
pursuance of section of article XI. of
the present constitution.
This decision caused q great deal of ex-
citement at the police courts. but business
went on just the same at the old stand, the
only difference being that the heading in
all documents I'm the Police Cuort of the
City of Los Angeles" had been changed to
read: '1n the Justice Court of the City o.
Los Angeles"
City prisoners tried by Justices Owens
and Morrison must be ordered confined ir
the county Jail if convicted. and where q
fine is paid it goes to the county instead
of the city as heretofore.
If no steps tending to an appeal are taker
Court Clerks Kinsey and StockweH are
out of a job and the salaries of the magis
trates are stopped. They will then have
to content themselves with $50. SO per month
for criminal business and the fees accruint
to them for civil suits
The writ of habeas corpus which re
suited in the decision was directed agains
Chief of Police Glass, and as soon as th
decision had been rendered he was notified
The chief did not seem a. all worried at tn,
outcome of the matter, although he. o
course, admitted that it brought about
condition which might prove serious. ''
think we will continue TO transact bushes.
here as usual, and in so far as the decision
affects this one case we will only have Il
change to a slight degree the method o
work in order to make it conform TO thu
decision. 1t is not reasonable to suppos
that there is any law or lack of law whicl
will deprive this city of its courts / thini
II is case OF 100 mucn law. II We mac
more laws and many more lawyers NJ
might as we'll quit business and let tn
thieves and others have their own way
There will be no noticeable change, how
ever here"
Justice Owens was asked what h,
thought of the decision. He was engaged
in reading it a the time and while o
course he knew about what it contained III
declined to make any statement of TIL,
probable effect of the matter upon hi
court. This, he thought. would not be ad
visable for him TO do, as his court was af
fected. Il will say, however" he said
that | think it is a bad thing for the city
financially, for these two courts are rev
enue producers and more than pay theil
expenses. The clerks will probably be
deprived of their positions, but we viii
continue to transact business, and | SUD-
pose we will soon become accustomed tc
the change"
The decision has almost as great an af.
feet upon the constables office as it doe:
on the courts themselves. OF course II
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