The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-03-03
THAT NEW COURT
Great Interest in the Bill Be-
fore the Legislature.
JUSTICES OF PEACE TO GO
While They are Constitutional,
That Doesn't Help Them.

News from Topeka last night IN regard
TO the new city court of Wichita was pa
| tiently awaited by a number of men in the
city. Up to late hour last night news OF
the bills passage had not arrived.
The new city court is causing a great
deal OF talk. The city court is new
| wrinkle in Kansas. For years Wyandotte
has had city court which took the place
OF the justices of peace courts. At the
| beginning of the present session Of the
legislature several Kansas cities had bills
| introduced for similar city courts. The
bills providing such courts for Coffey-
vile, Leavenworth and Fort Scott got
through and became laws. Similar bills
for Wichita and Topeka were lost in the
pigeon-holes and not until a week ago
were they resurrected and started on their
way through the dubious channels of leg
isiation.
The word from Topeka is that the city
court for Wichita will be created beyond
a doubt.
The law does not by word destroy the
justices of the peace but it does il in fact
The office of the justice OF peace is con-
stitutional. But the new court takes its
jurisdiction from under it and leaves it
high and dry.
The new courts Jurisdiction extends
over all civil cases from 81 up TO $500. The
officers are paid a salary instead of fees.
The judge gets $500 year. The clerk
gets $500. generally regarded as poor COM
pensation. The marshal of the court gets
$500 year and the deputy marshal $500.
l. FL
ing in viii easily sustain the court The
law, it is said, can include the police court
Of the city, but probably will not
An important matter IN regard to the
bill is the adjournment of the legislature
If the legislature, as contemplated. adj
journs tomorrow night the officers will
be elective. If the legislature should hang
on they might be appointive by Governor
Stanley.
If the bill becomes law before March
6, one mylth prior to the spring election,
the officers are elected, and OF course. II
the legislature adiourns tomorrow night
the bill. if it passes at all. would be passed
in due time. If, however, the legislature
should hold on till next week, the places
might fall to the appointing power
There are many aspirants to be Judge
and marshal of the new court in Wichita,
If the bill passes, and everybody Is anx-
ious to know the fate of the bill as quickly
as possible.
There is some difference Of opinion as
to the efficicy and necessity for the new
court.
No one has been able to get hold of
copy of the bill for Wichita, but it is sup
posed it is Just like that passed for Leav-
enworth. That bill is as follows:
Section L In Leavenworth city town
ship. Leavenworth county Kansas, is
hereby created and established to be cal
ed "the city court of Leavenworth,' said
court shall have one presiding judge,
whose style of office shall be Judge of the
city court and said office shall have one
clerk. whose style of office shall be clerk
of the city court and said court shall
have one marshal, whose style of Office
shall be marshal of the city court"
Sec. . The court hereby established
shall have exclusive, original jurisdiction
to hear and determine all cases for Of
lenses agains THE ordinances of the city
of Leavenworth, and shall. under limita-
lions and restrictions herein provided.
have original jurisdiction of civil actions
for the recovery of money only, and try
and determine the same, where the amount
claimed does not exceed three hundred
dollars; and the court hereby established
shall have jurisdiction of actions for the
Of specific personal property not
exceeding three hundred dollars in value
as hereinafter provided. In all other re-
spects the said court hereby established
shall have the same jurisdiction, civil and
as justices of the peace now
have in this state, and for the purpose
of the jurisdiction hereby conferred and Of
its proper and necessary exercise, all the
laws OF this state relating to the powers.
duties and Jurisdiction of justices of me
peace, and practice. pleadings and pro-
ceedngs in justice courts. which are rot
in conflict with the provisions Of this get.
shall apply TO said city court and the Judge
thereof. and to the mode OF practice
therein, and to the power thereof, oriei-
nal, mesne. and final. so far as the same
may be applicable; provided. that after
this act shall take effec~ justices OF the
peace in said Leavenworth city township
shall have no jurisdiction OF any case. !
civil or criminal. except in civil actions
for the recovery Of money only where the
amount claimed. exclusive Of costs, does
not exceed the sum OF one hundred dol
lars; but this act shall not aDDly TO any
suit or proceedings pending before said f.
justices of the peace at the time this act
judgments Heretofore rendered by than
Sec. ;. All writs and processes OF every /
M In hr,r- i'm
city court shall be issued by the clerk 1
thereof. or. in case OF his absence Of teing /!
otherwise engaged. then by the Judge 4
thereof, II the name OF the clerk. in the I
same manner as such Writs and processes (
are issued by the clerk OF the district I
,curt
Sec. /. Said Judge. clerk and marshal .
sEal AZ the time OF tkeir appointment or /
siection be qualified voters of the c.jy n (
Leaveuworth and shall reside therein dur 4
ng their term OF office. and the judge OF 4
aid court shall be a lawyer regularly ad- 4
nittsd 10 practice Jaw IN The district courts .
}: Kansas.
Sec 3 AL writs ard processes issued ~ .
he judge. or clerk of said court. shah 5e /
iirecTed 20 the marshal Of said court -
20 the sheriff % said county. or when
roper 10 the sheriff OF adjoining o. Other
in the state. and shall be exc
.uied il the same manner in all RESPECTS
Is nov provided by Law in relation - vrits
ind processes issued By the cle-k & the
district court
Sec. s. The Judge ~ said court sha,l rc-
eve for MS services a salary q $50 pe-
rear and TIE clerk Of said court sha1 re-
eve for his services a salary Of - pr
ear. and said rna-shsil ~ said court shah
-eceive pay for his services a salary =
81 ~ resr. SUI salaries snali - I'D