The record-union., 1898-02-08
SUPERIOR JUDGES DIVIDED.
ANOTHER DECISION RELATING
TO THE POLICE COURT.
Judge johnson Holds That the
Commitments Therefrom Have
Been Regular.

Considerable interest was manifested
yesterday in the decision of Judge
johnson concerning the validity OF the
tribunal known as the Police Court,
which Judge Hart of Department Three
recently decided had no legal existence.
Judge Johnson's decision is rendered
In the case of a young man named
Coyel, committed from the Police
Court for a misdemeanor, and who
sought his release under writ or ma
beaS corpus. Following is the
DECISION:
The petitioner is held in custody by
the Sheriff of the County of Sacramento
under commitments which is entitled
In the Police Court of the City of Sac
ramento." and recites that petitioner
has been duly tried in that court and
adjudged guilty of the offense of dis
turbing the peace, and sentenced to be
imprisoned in the County Jail of the
County of Sacramento for period of
forty days The order of commitment
is signed by &c. G. Davis. Police Judge
and City Justice Of the Peace of the City
of Sacramento" The judicial officer be-
fore whom petitioner was tried, and
the duly elected, qualified and acting
City Justice of the Peace of the City of
Sacramento.
Petitioner contends that he is unlaw-
fully restrained of his liberty, and in
sists that trial was had, judgment was
pronounced and commitment issued by
a tribunal which has no legal exis-
tenee; that all proceedings were had
cyai inc in, "a Of a
City of Sacramento, and there is no
such tribunal. In supporter this con-
tention he relies on In re Giambonini,
III Cal. 5l3, and the case of ex-parte
Heating. decided a few days since by
Judge Hart of Department Three of the
Superior Court of this county.
In the case of People VS.. Toal, 80 Cal.
$685. the Supreme Court decided that a
Police Court or Municipal Court, or 9th
er inferior judicial tribunal, cannot be
created by a freeholders charter, ap-
proved by concurrent resolution of the
Legislature. but can only be created by
a law regularly passed by bill by the
Legislature.
In Ex-parte Reilly, 81 Cal, 632, the
Supreme Court held that where the
commitment was signed by a Magis-
lIdte W ilO sly leu liililSSlA uHtiSC VI Ni4N
Peace and Ex-Officio Police Judge" and
he was in fact Justice of the Peace,
and the offense was, one over which JUS
tees Courts have jurisdiction, the COM
mitment would be sustained, though he
had no legal right to hold a Police Court
as distinct from the Justices Court.
The two decisions last mentioned
We're rendered by the Supreme Court
e ,S~txa of
the City of Sacramento. and the pro-
visions inserted in the Charter relating
to the judicial department were framed
in view OF these decisions.
1t viii be found upon examination Of
the judicial Department of the City
Charter that no attempt was made TO
create the tribunal of Police Court
for the City Of Sacramento.
The Police Court of the City of Sac
ramento prior to the adoption Of the
present charter was created by the
Charter Act of 1893. 1t not having been
established by general law, but owing
its existence to the Charter Act, it
ceased to exist as court upon the
adoption of the present charter.
Having this fact in view the Board of
Freeholders who framed the charter
turned 10 the LILY JuSlite VI INC e~iSS
as the only resource upon which the
city could rely for the transaction of its
business. when the Police Court should
cease 10 exist.
1t was intended that, as near as it
was possible under his official jurisdic-
ton he should discharge the duties
heretofore discharged by the Police
Court and Police Judge, but nowhere
III
Judge. or his court a Police Court
Section 80 of the Act reads: "All the
powers, jurisdiction, and authority
which, prior to the adoption of this
charter. have been exercised by the Po-
lice 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 such City
Justice, then by the one to be designat-
ed by the Mayor; and it is hereby made
the duty Of said City Justice in addition
to the duties otherwise required of him
by law. to hold a Police Court in said
city, etc"
Section 81 is as follows: 1.-The Police
Court and the City Justice shall be gov
erned in their proceedings by the pro-
before Justices Courts. Justices of the
Peace. and Police Courts, except so far
as the same are added to or modified by
this charter. and such Police Court may
be treated and considered as a Justice :
Court whenever necessary to sustain
and uphold the jurisdiction thereof, OF
OF any proceedings had therein; and al
provisions OF law relating to Justices OF
the Peace and TO Justices Courts are
hereby made applicable to said Police
Court. and nothing in the title of the
court or any papers or proceedings
therein. shall affect the question Of jul
risdiction: and said court and the said
Justice shall have all the powers and
Jurisdiction now or hereafter conferred
by law upon Justices Courts, Police
Courts. or Justices of the Peace. etc"
The power to establish a Police Court
and all other inferior courts is found IN
Sections / and Is. of Article VI. of the
Constitution which are as follows: Sec
tion /. THE judicial power of the State
shall be vested in the Senate sitting as
q Court of Impeachment. in a Supreme
Court. Superior Courts, Justices of the
Peace. and such inferior courts as the
Legislature may establish in any incor-
porated city or town. or city and coun-
ty.'' Section Is. THE Legislature
shall fix by law the jurisdiction of any
inferior courts which may be estab-
lished in pursuance of Section ! of this
article, and shall fix by law duties and
responsibilities OF the Judges thereof.
II Will be seen that the terms Police
Court and Police Judge are not named
in fact they are not TO be found in our