The Florence tribune., 1901-03-30
A COMEDY OF ERRORS. The Globe Incorporation Has the Bottom Knocked Out of It by Attorney Jesse
 Hardesty.
From the Globe Silver Belt. l

ant, criminal action charging the defendant with the violation of cer- tain slleged town ordinance requiring liquor dealers within the town of Globe to pay license, came to trial last Tuesday morning at l0:30 o'clock be- fore Wm. Whalley, town recorder-who issued the complaint sworn to by Eugene Middleton, town marshall and was prosecuted by Aaron Ed wards, town attorney. Jesse Hardesty appeared as counsel for the defendant, who entered plea of not guilty. A motion for a further continuance was entered and argued, and which was denied by the court. A jury trial was then demanded and denied, although the offense attempted to be set out in the complaint is punishable under Sec. 6S4 of the penal code of Arizona territory and is fully covered by that section-hence defendant was entitled to trial by jury.
 The attorney for the defense, whose fertility of resource appeared to be in- exhaustible, then raised the question of the jurisdiction of the court, and proceeded with the argument, sup porting his allegations with copious references from the organic law of Arizona, the territorial laws in reIa- tion to incorporated towns and cities, and decisions of state courts.
 The case of Nashville, etc., vs. Tay- Tor ct al, 80 Fed. Rep, D. IT, was quoted, defining jurisdiction as the power to determine the subject matter in controversy between the parties to the suit, to adjudieate or exercise any judicial power over them; and from Charles vs.. City of Marion, 9S Fed. Rep, p. l76, that in addition to other requirements essential to the due pro- cess of law, there should be . tribunal clothed with power by methods and rules prescribed by law to hear and de- termine the question involved. The court attempting to try the questi on at issue was not such a tribunal aud had no jurisdiction.
 The officers of a town government in addition to the common council, as provided for by Sec. l, Article ", Act 72 of 1893, relating to the incorpora- tion of town, etc.. provides: In addi- tioh of the common council, the off, cers of every town shall be Q town clerk, town marshal and supervisor of streets" No provision is made for the office of town recorder.
 Sec. II, Article VIII, of tue same.aet provides that town may assume a city organization when it shall have acquired population of three thou sand. The office of recorder is exclu- sively city office, and Sec. 2, Act 60 of the laws of 1885, declares that the office of the city recorder is hereafter elective.
 In incorporated towns any justice oi the peace residing within such town has jurisdiction to try cases arising under the town ordinances.
 These are few of the points made by Mir. Hardesty in his able argument, which stripped the court of every yes tige of authority as magistrate
 During the colloquy which diversi fled the argument the town attorney was asked if he held tho appointment of Mir. Keegan to be legal, to which hs replied, No, that the council knew they had DO power to appoint [ member to fill vacancy in their body and the appointment of Mir. Keegal was made simply ito fill up.i" 1 such is the case Mir. Keegan has just and very large cause of grievanc, against the common council.
 The court listened attentively ant with commendable composure to Mir Hardesty's argument as it proceeded gradually undermining his judicia authority, and at its close he an nounced a recess for two hours to eu able him to give the question du consideration. At 2 o'clock. court re convened and Judge Whalley brief announced the decision, stating tha he had discovered that he had no iuris diction in the case involved, nor in an other case, thus ruling himself out ( ofice--a courageous act. Mir. Wha ley also took occasion to thank Attol ney Hardesty for informing him tha he was not legally town magistrat and tbat there was no such office a town recorder. The case against Nj Rolling was not dismissed, as tha would have been superauous. Ther was no court, and consequently th whole proceeding was unlawful.
 The argument also disclosed the fa, that there is no such office as town torney, the district attorney alone b ing empowered to prosecute violatic of town ordinances, in towns whel the county seat is located.
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