The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-22
PEOPLE HAVE WON
Effort to FOiSt Justice Courts
on the City Fails.
New City Court is Legal Judi
cial Organization.
JUDGE HAZEN FIRM
Says That There is No Doubt
on the Question.
Will Be No Return to Fee Grab
bing System.

The city court has come to stay
Judge Hazen so decided this morning,
and his decision was so positive that 1t
is not probable that an appeal will be
taken to the supreme court.
The opinion was rendered on the ap-
plication for a writ of habeas corpus for
the reIase of John Craig, who is in jail
on a warrant issued out of the city
court.
The application was made on the
ground that the law creating the city
court is not valid for several reasons
In giving his decision Judge Hazen
called attention to the fact that several
of the questions brought up by the at
torneys who were opposing the city
court have already been settled by the
supreme court, and are no longer open
for trial courts to pass upon.
The opposition to the city court grows
out of the fact that it takes away all
of the business of the justices of the
peace in Topeka, thereby rendering
those offices worthless which is just
what the people wanted. The Justices
of the peace have been doing everything
possible to have the law declared void
and the city court knocked out
In rendering his decision Judge Hazen
said:
1T is claimed that the law is uncon-
stitutionaI because it limits the juris-
diction of justices of the peace TO 81
and thereby virtually destroys those
offices This is not an open question be-
cause it has already been passed upon
by the supreme court in a similar case
from Kansas City, Kansas, where there
exists court similar to this city court
The supreme court held that the legis-
lature has the right to limit the Jurls-
diction of justices of the peace.
1T is also claimed that the law is
unconstitutional because it is special
legislation, instead of general, but the
supreme court has also settled that
point in the Kansas City case in favor
of the law.
1T is urged, too that the law Gre
ates a township office, and is therefore
unconstitutional. l don't understand 1t
that way. The bill all the way through
shows that it was not intended to make
a. township office 1t is worded in that
respect like the Kansas City law, and
that has stood the test of the supreme
court. The word township is used IN
the title but it appears to me to be a
misnOmer
THE principal contention is that the
bill was never legally enacted and is
therefore not law. sThe journals of
both houses were presented to the court
to prove this. 1t is shown that the bill
originated in the senate and was known
as senate bill No. T. 1t created two city
courts instead of one. The senate jour
nal shows that the bill passed the SEN
ate and was mesSaged to the house. The
house journal shows that a substitute
for senate bill No. was passed and
time on the only record concerning it is
a report from the committees on en-
rolled bills showing that the substitute
was properly enrolled. The senate jour
nal is silent as to the passage of this
bill. and because it shows no vote it
is claimed that the bill was not passed.
But the bill was properly signed by all
the officers necessary, and the question
is whether the absence of any evidence
in the journal can overthrow this other
evidence.
I'm my opinion it makes no difference
whether the senate journal gives any
record concerning it, as long as it is
shown that it passed the house, was
messaged to the senate, enrolled in the
senate, and properly signed by- the Off
GERS
ion written by Chief Justice DOster. in
which Judge Doster says that the jour
nails of the legislative bodies are often
very improperly kept. and deciding that
If a bill is properly signed by all the
officers it is conclusive evidence that it
was legally passed, unless the journals
show plainly to the contrary.
1T seems to me in this case" con-
tinued Judge HaZen, that the journals
do not show that this bill did not pass.
oral testimony was taken in this
case. not to overthrow the law but to
explain the methods of legislation. and
from the explanation of these methods
it is a wonder to me that more trouble
of this character does not arise. on ac-
count of the loose manner in which leg
iSlatiVe business is transacted.
The mere silence of the journal on
the enactment of the law is not suffi-
cient for the court to overthrow the law.
In my opinion it was legally enacted" 2"