The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-04

answered BY what has been heretofore
said. II the legislature may, by rea-
son OF Its inherent Legislative power,
create municipal corporation for pur-
poses OF local government, 1t seems TO
follow, as a necessary conclusion. that
IL may invest with such powers as are
necessary and essential for the ends
and purposes OF its creation. Without
the grant OF general police powers.
and the means OF enforcing their re-
spect and observance. the act of incof-
poration Of town or city would lie
little better than waste paper.
Judicial power OF a general character
such as is conferred uDon constitutional
tribunals. or officers clothed with judicial
functions for the general administration oil
THE laws. iii contradisiincticn TO local OF
municipal ordinances ana regulations, can
not be conferred upon mere corporation
courts created to enforce the police powers
| delegated to such corporations, This seems
i to be the extent to which we can certainly
say, in the absence OF the constitutions and
statutes applicable to them. that most OF
| the cases cited by appellant clearly go.
Some OF them. however. seem TO lay down
| a bfSader rule. We eau NOT consent to give
the sections OF our constitution. conferr-
ling and distributing the judicial power. so
limited and technical construction and
application. We think It's language. vest
ing Judicial power I'm such inferior courts
and magistrates as NAV be created in this
constitution, Or bJ the legislature under Its
authority" entirely sufficient to warrant
the legislature when creating municipal
corporations, in the absence Of any re-
sttiction, to create local municipal tr;bu-
nails as an essential necessity 10 the we'll
being OF such local municipal corporations.
Getting the State vs.. Young, Kansas, a45;
Hutchings VS.. Scott, 4 IL. IN. ~ us:
Schaffer VS.. -, IL Nd, ISL, 80 Md, $500
Here to our minds it is very apparent
that Judge Moore drew distinction be-
tween State tribunals constituting a part
of our judicial system and municipal courts
as such. The latter he regarded as mere
~ an incident to the corporation. and with
limited powers to enforce municipal ortii-
nances only. AS stated above. we would
not expect under the caption of an act
to charter or incorporate a city or town.
10 find hereunder an article or clause ere
ating n court for other than purely mu-
nicipal purposes. much less an act Great
ing State court or vesting a municipal
court with jurisdiction which pertains to a
State court. And II the prosecution in this
case was for q State offense as such. We
would be inclined to hold that the title OF
said act does not embrace the subject of
creating a State court of the municipal
court of the city OF Dallas or of comforting
a jurisdiction which pertains to our State
courts on said tribunal.
On this subject we refer 10 Wulf-tong |
vs.. McCallom. SO Kentucky. 36l; Brown VS..
State 10 Ga. 32I: State VS.. Kinsella, Il |
Mimi, 52i Holmberg VS.. Houck. 10 Neb.. |
$50; City of San Antonio vs.. Gould. "a
Texas. ~; Giddings VS.. San Antonio, AZ |
Texas, 556.
However, as stated before the question
here presented to us is whether or not the
charter of Dallas confers authority on the
city council TO make this an offense against |
the city, and whether or not the legislature
can confer this authority
The charter of the city of Dallas is spe-
cial charter. authorized under the constl-
tuition for cities having more than 10000
populations. and by number OF sections,
from is to ia inclusive, SAID charter pro-
poses to confer general powers on the city
council TO do certain things. Among a
number OF other things which the city is
thus authorized to do it appears TO be
authorized by ordinance 10 make certain
acts which are penal offenses under the
State laws. offenses against the city. See
sections SO, ST. So. 81, SO. %, 90 and 1893
All of the other enumerated sections APP
pear to be regarding matters Incidental to
lnd growing out of The municipal corpora
ion. Section 1903. we presume. contains
he provision under which it Is contended
he city council had authority to pass the
ordnance against keeping and exhibiting
gaming tables, under which the convic-
ion was had in this case.
said section reads as follows: ITO IL
ense, tax and regulate billiard tables, In
lleys and ball alleys to suppress, restrain
md regulate and control disorderly houses. +,
ION n,,dp s.xn1 ~ q
'aming houses. and games of every kind. /
otteries and all fraudulent devices and s
PRACTICES. bawdy houses of prostitution | {
nd TO punish all keepers OF said houses +,
nd exhibitors or players at said games a
nd other things. with the same penalties. G
inc and imprisonment as NAV be inflicted S
herefor by the statutes of the State OF \
'exas."
It would appear therefrom that the leg Il
Stature had conferred the power dit it was S
uthorized to do sol ON the city council to il
ass nm ordinance making tho offense Gre | u
ted by the statutes OF the State an Of q
'nsc against the State, to-wit The keep q
,g and exhibiting of n gaming table and a
ahk ior the purpose of gaming, also an p
Tense against the city, and the only N
lestion then is, did the legislature have 4
~ N0hoeiNutiuuui iiBut uuutr the COnSli- | ST
ition and laws OF this State 10 confer this
over? N,
We would observe here that the general ri
ws of the State tsee articles 929 TO 1871. d,
'ue Grim. Proc, inclusiye) puts MAYORS
ia recorders OF cities on the same plane ii
to tie administration of.laws with ref ii
ence TO criminal prosecutions as Justices OF
the peace. and vests them with the same nj
'wer and Jurisdiction. and authorizes mu- nj
cipal councils by ordinances - create ST
rs which are made penal BY State laws tn
80 onenses against the city. and to make Us
prosecutions and convictions under city 10
aihahees good. In bar OF prosecutions Tor Isl
G Same act under State laws, and vice fe
rsa. The act here complained OF doss co
! come within this category. II is such
oiiense as justice OF The peace has no IS.
r,sdietion 10 try, but the power to try Gu
tuition and laws OF the State In the coun- tal
court. tsee sections Id ana 10 OF arti ng
OF the constitution. and see articles I'M
.,.t, Mi. -x,, n