The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-02-01
POLICE COURT A mis- NOMER
JUDGE HART SAYS THERE rs
NO SUCH COURT.
But There is a City Justices Court
Important and Interesting
Decision.

The Police Court of the City of Sac
ramento" will not, legally speaking, be
known by that title hereafter-that is.
Il the decision rendered by Judge Hart
yesterday in the Heating case should
be upheld by the Supreme Court.
1t viii continue to be a police tri-
bunal, however, even though it be called
the City Justices Court. The change
viii help the printers to some extent, as
the blanks and record books will have
TO be reprinted, and it will-for the
time being, at least-help Mr.. Heating.
who will not have to pay the $500 fine
imposed by The Police Court for
selling whisky without a license, unless
the decision should be reversed.
number of promine mt lawyers were
asked yesterday their opinions regard
ing the effect of the decision, and all
agreed that it could only affect the
title of the court.
City Justice COR Police judge G.. G..
Davis said the decision would have no
effect whatever on the Police Court
except to necessitate a few unimport-
ant changes in the complaints, commit
ments,. and other blanks used.
1T is evident" he said, that While
the Charter created the position of City
Justice, no attempt was made to repeal
the Act of the Legislature passed in
1868, establishing the Police Court, and
had such an attempt been made 1t
would have been invalid. Section 90
of Article ", Judicial Department OF
the Charter makes the following pro-
visions:
All the powers, jurisdiction, and
authority 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 ana
exercised by the City Justice OF the
Peace; or, if there be more than one
such City Justice then by the one TO
be designated by the Mayor: and it is
hereby made the duty of said city
Justice, in addition to the duties other
wise required of him by law, to hold
Police Court in said city
Then Section % of the above-named
article provides that: Said City Justice
holding the Police Court shall have a
clerk to be designated the Clerk of the
Police Court, who shall be appointed
by the Mayor, by and with the consent
of the Board of Trustees, and his term
of office shall be two years.
Justice Davis stated that eX-Superior
Judge Catlin at one time had occasion
to pass on the same question, and that
he had held that While the Charter Gre
ated the position of City Justice it did
not create a City Justices Court, but
Simply made the City Justice the presid-
ing officer of the Police Court. He was
inclined to take the same view of the
matter as had Judge Catlin, but reitef-
ated his former statement that Judge
Harris decision would cause no change
except TO insert in court documents the
words City Justices Court" instead OF
Police Court of the City Of Sacrament
to-"
But Section 80 of the same article"
continued Justice Davis, makes the
following provision: The city shall fur
rfsh a suitable courtroom for said CITY
Justice and I submit that the provis-
ion has not been complied with, and
should like to have a Superior Court
decision on that point"