The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-02-01

current resolution in pursuance of Sec
ton 8, Of Article XII, of the Constitu-
ton Statutes of 1893, page $40, and
went into effect on the Sth day of Janu
airy, 1894. Prior to the adoption of this
Charter there existed in this city a Po-
lice Court which was created by an
Act of the Legislature of 1S63-64, ard
the Jurisdiction thereof established by
an Amendatory Act, approved March
Il, 1873. 1See Statutes 1S63-64 and
1SI1-IS) AT the time of the creation
OF said court, under the Constitution,
which was superseded by the present
one, there was no constitutional inni
bition against the creation of municipal
. courts by the Legislature through 10
cal or special laws. The present Con
stitution expressly prohibits any such
legislation. subdivision /, Section %,
Article ~. Constitution.) Section :, Of
Article XII, of the Constitution, above
referred to, provides that, after the APP
prevail of the city Charter by concur
rent resolution by the Legislature, the.
same shall become the Charter OF such
city, or II such city be consolidated
with county, then of such city ana
county, and shall become the organic
law thereof. and supersede any existing
Charter, and all amendments thereof
and all laws inconsistent with sucn
Charter
The question to be determined is
whether or not the old Police Court
having been abolished by the adoption
of the new Charter, there is in existence
at the present time in this city any
such court, Notwithstanding the fact
that SaId Ia Chortap OF a,, ,I,tc 70
ate judicial system for the city gov
eminent.
While it may appear, at first blush,
somewhat disingenuous to maintain
that the Legislature has no authority
under the Constitution, by mere concur
rent resolution, to create a Police Court.
and to establish the Jurisdiction there
of and, at the same time, is by such
means, authorized to abolish such a
tribunal, the language of the organic
law just quoted is, nevertheless, SO clear
and unambiguous upon this point that
it is obvious that the intention of the
trainers of our Constitution. in provid-
ing for the approval of new Charter
according to the terms expressed in
Section s, Article XII, was to enable
citizens, having in view the adoption
VI d new IOCdl OISdDic INV, 10 TAKE To
themselves an entirely new system of
local government suited to their pc
culiar wants and necessities, in point
of economy and convenience, existing at
the time Of the adoption thereof thus
leaving no remnant Of the old system
whatever. But, as there is no question
upon this point, I will now proceed to
treat the proposition by the aid of the
light before me. as TO whether or not
there exists in this city al the present
time Police Court 1t is maintained
by the petitioner that the new Charter,
by the provisions of Article ". thereof,
has attempted to create judicial tri-
bunal known as a Police Court of the
City Of Sacramento" AS a matter of
fact, there is no provision of the Char
ter which attempts, by express terms,
to create Police Court Section 30
thereof reads as follows:
''All powers, jurisdiction and author
ity which, prior to the adoption of this
Charter, have been exercised by the
Police Judge and the Police Court of the
City of Sacramento, or either of them,
shall hereafter be vested in and eXer-
cised by the City Justice of the Peace,
or if there be more than one City JUS
tice, then by the one to be designated
by the Mayor; and it is hereby made
the duty of said City Justice, in addi-
ton to the duties otherwise required Of
him by law, TO hold a Police Court IN
said city. Said City Justice and the
court so held by him shall have, in adj
dition to the civil jurisdiction conferred
by law upon Justices Courts, jurisdic-
ton of the following public offenses
committed within the city, and which
shall be prosecuted in the name Of the
People the State of California
Then the section proceeds to attempt
to confer upon the City Justice and the
court so held by him jurisdiction of
certain offenses of which he and his
court have jurisdiction under the gen
eral law. 1t will be observed from the
language of the section that, while as
above stated, not attempting to create
Police Court, it authorizes the City
Justice to hold a Police Court in said
city. 1t matters not, however, what
the pretended effect of the provisions of
the Charter concerning the judicial de-
partment may be, there can be no
doubt but that there is no Police Court
in the city of Sacramento, and that any
attempt which might have been made
to create one through the provisions of
the Charter would have been void, be-
cause in conflict with the method pre-
scribed by the Constitution for the ere
alton of inferior courts and the estab-
lishment of their jurisdiction. (Sec.
13, Art VI; Secs. 10 and 16. Art w.,
Const; People VS.. Gum and People VS..
Toal. So Cal, 23S and $3.50. And, for
the same reason, the attempt OF the
Charter to confer upon Justices Courts
additional powers. jurisdiction. author
ity and duties, to those already exer-
eised by such courts under the general
law, is void.
THE Jurisdiction, powers, duties and
responsibilities OF the inferior courts
established by the Legislature under
Article VI. of the Constitution must be
provided for and fixed by a bill regular
~ passed through the stages necessary
to constitute it law. as provided in
Sections u and 16 of Article ". of the
Constitution and the courts cannot be
established by any less formal means.
but must be established by the law
making power. including the Governor,
and by laws passed and approved as
provided by the Constitution" Peopie
VS.. Toal, supra.)
The City Justice of the Peace. how
ever, whose duties and powers are pre-
scribed by the general laws of the State,
has Jurisdiction Of all offenses which