The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-13
0IE Of VAECt'S OPINIONS
noxSTRUEs THE NEW Law ON Jus-
rfCEs or THE PEACE.
Arrives ~ the LsefA Ceoelos1en
nat All Criniaal FseeeeAines IN
Justice Courts Musf CSnnense In
p,eea.es where DefenAant Lives.

nn>caal Dispatch 20 the Post -Tnfeliigencer.
OLYMPIA, July fz-Assistant Attorney
Oenerai Vance has rendered the following
Rporsan. opinion regarding the Jurisdic-
11oa os justices Of the peace "a response 10
: request from ~. 8. King, prosecuting at
sosney Of San Juan county.
.Y have your favor Of q recent date ask
- for q construction OF chapter -. session
Avs issp being the act approved March
I. 10. nxing venae OF actions In Justice
= have no. earlier replied 70 your inter-
sstinr letter because ! have been giving
eare4uI examination 10 the subtecf OF your
fnnufsy. You Ask In effect II that act
Ha,its the original jurisdiction OF justices
q tho peace In criminal a. well as civil
ssTn1 act = - 4nslows:
1oo4lon l. AL actions commenced BE-
e. tgs.ios q the .scss -, sa. e srous q
vhteA one or more OF the dsfsodauts re-
.As you nenson. the act dos not pur-
kfins Law Of the state. II simply states
What II means and no more. ] have ex-'
smined with great care all authorities
within my reach which have defined the
meaning Of the word action ard ! arm
forced 10 the conciusson that where the
word 10 used In an Independent law vest
inx jurisdiction IL embraces both criminal
and CIVIL actions. ind that the word Is
uaed Unfortunately In the codes and
statutes of this state, and likewise by the
courts Of almost all the states. This ap-
pAssAt uncertainty y no doubt due 70 the
hef that Wherever the word IL used there
e eoeae context, remote or Immediate. by
which tho intended meaning In apparent.
The definitions OF the word are numer-
eus. but are mostly Gsnaral In their terms.
eaan,pie. New York. North Carolina and
CALIFORNIA In defining the term action. en-
brace the puniehment Of public offense.'
u = strengiy intimeted ey the suprsm:
- 70 PhiIiips "a sneed. Tenn. iso)
nut the court was constituting the term
ssihis vssw : apparently ooncurred In In
1T Idaho. ~. but the court was constru-
Ing . statute comforting right % inter-
vsns.. But the supreme court Of New Jer-
braces criminal proceedings a. well 40
cavn. o. New Jersey l.. "a
And the supreme court Of OreGoa
sass ~, p C -, 20. 2ssfsn ,, isD nay: ae
brace and include proceeding By indict-
'sfhs examination have been able to
Owe % the various codes and reports leads
above. that where there 10 nothing In the
content and no suggestion In the language
Of the matter treated by the statute to
guide W In construction. the word action
embraces both .c.yii- and criminal proceed
ings.
nation OF the act itself that 4 was the In
tent OF the legislature to confine the mean
tng Of the word to civil proceedlngs. The
various disadvantages suggested by you IL
the act be taken =. curtailment OF orig
hal Jurisdiction In criminal cases are as
3 matter OF argument equally cogent with
regard to civil cases. IL IN true that Of
lenses may be committed In precincts
where there In . vacancy In the office Of
Justice Of the peace. and-it In equally true
hat OWL cases may arise in precincts
where such vacancy exists. One Of two
courses II open In either case II r1ight
b. concluded that the existence OF the
vacancy established the non-existence II
Justice court or. that the civil ntiglnt
or the public prosecutor must 90 before
the board of county commissioners and
have Justice appointed to MI the vacan-
Tho ilrst position suggested here. of
course In uufenable, vacancy does not
carry with II the asboiition Of a court In
conclusion am. therefore Of the opinion
tiMt the public prosecutor and the private
iitigans ~ well must have = Justice APP
pointed before pfoceedings my De sfnsti-
luted
II need not say that. realizing the In
convenience that may result. l have ar
rived reluctantly eat this conclusion !
am compelled, however. To advise you OF
my best opinion Of tho law as IL stands
every respectfully yours.
"THoAiIAG N. VANCE,
Astneu0v General"