El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-01-13
CORPORATION COURTS
A Test Case As To Their Constitu
tionality To Be Made.

Within few days test case is to be
made in q local justice court as to the
constitutionality of the act crea ting the
corporation court, over which Recorder
Patterson presides, and by consequence
of the right of the recorder TO try
cases of drunkenness, and the
like The contept ton is that these
cases are state cases wholly and are
triable by state officers only.
Capt. j. S. Beall, of the firm OF Kemp
and Beall, had this to say about the
proposed test case.
Il regret extremely to see this ques-
tion opened, because these corporation
courts as they now exist, afford a valu-
able source of revenue to the city. and
are almost necessary to its existence.
LAS 1 understand 1t, the contention
in this matter is that the act crestin G
these courts was passed by the legis'
lature at the suggestion mbodied in
the opinion of the court of criminal ap-
peals and rendered by Judge Hen
derson, and, as this opinion is based on
the contention that the municipal
courts had no constitutional right to
try such cases, the only thing which
could make them constitution
al, would be a constitutional amend
ment.
"When the contention first arose the
case in point was carried to the cour,
of criminal sppea ais, and there 1t was
held that the municipal courts had nc
Jurisdiction. The matter was carried
TO the supreme court OF the state, and
there it was held that these municipal
courts had authority to try such cases.
The court of criminal appeals then re-
fused to conform to the decision of the
supreme court, and held that its au-
thority in the matter could not be
OH nv tho nthar pnnrf
"Thereupon the legislature passed
in March of this year the act, entitled
AN act to establish and create in each
of the cities, towns and villages OF the
state, state court to be known as the
corpora tion court in such city, town or
village. and to prescribe the Jurisdic
tion and organization thereof and to
abolish municipal courts, and under
this act the present recorders court
was organized.
"This act, included In all of chapter
tbirtythree of the general laws OF
Texas, is sufficiently clear AMI explicit
in itself, and is excellent in Intention
and, thus far, in effect, but the point
tai ken is that if the former municipal
courts were unconstitutional, these
courts also, practically the same in OPP
Grafton aud organization, are uncon-
stitutiorsl, and the power of the legis-
them constitutional
81 think all these cases of drunken
ness and the like, state cases, should
be tried before justices of the peace or
other state officers" said Justice Spen-
Ger this afternoon, land l do not think
the recorders court has authority to
try them.'
Discussion of the matter seems orig
inally to have arisen over the trial re-
Gently of a man on the chargeof drunk
ennss in Spencer's court.
81 am not posted in the matter, I"
Said Recorder Charley Patterson thi 9
afternoon, "beyond the provisions of
the law. which certainly seem explicit
to me In this case, all through.'
Il think that the recorders court
will 60 right along" said Chief Lock-
hart. SIT ought to exist as it does, and
il they want to question its authority
let them make q test case as they say
they will do. Certainly the recorders
court is necessary for the revenues of
the city,