The Savannah morning news., 1904-08-12

ulatlonS as seemed to be essential to
national union, strength and harmony.
and without which the purpose in or
ganizing the national authority might
have been defeated"
a
For State to Decide.
According to the genius, spirit and
policy of our institutions. construed bv
the decision of the federal court alone
it is almost entirely a question for
the state to decide what shall be the
nature and limits of the power of
| municipalities. A municipal corpora
ton is a child of the state. receiving
from it its breath, blood and existence
and the power to create them and de-
fine their limits and jurisdiction is
essentially one reserved to the state.
Inc power to create municipal courts,
when exercised by the states is bas-
ed upon one of its reserved rights,
namely to exercise police power with
In its limits without the interference
OF the government. and the constitu-
tional guarantees have no effect upon
the state in the exercise of this power.
In the twenty American and
English Law Encyclopedia, page 93T,
in discussing the effect Of the 14th
amendment upon the state in the ex-
ercise of power. we find the follow
ing:
'The constitution guarantees that
no person Shall be deprived of life,
liberty or property, without due pro-
cess of law, do not limit, and were
rot intended to limit, the subject upon
which the police power of the state
may lawfully be exerted, for these
guarantees have never been construed
as being incompatible with the prin-
ciple, equally vital because so essen
tial to peace and safety
I'm the same volume, page 919, the
principle is stated:
THE police power is inherent in the
several states, and is left with them
under the federal system of govern
ment, and may always be exercised
by the state Legislature. The police
power in the state may in the absence
of any constitutional restrictions upon
the subject (referring to state consti-
tution) be delegated to the various
municipalities throughout the state, to
be exercised by them within their cor
porate limits. And indeed such dele
cation is necessary, for it is a well
recognized principle that the police
requirements of a city are different
from those of the state at large and
that stricter regulations are essential
to the good order and peace of a
GIOWhCQ lIlCl1OPCllS lIIolA oil c 1CQQlA
in the sparsely peopled portion of the
country
To EnfOre Police Regulations.
THE object of these courts in this
state is to enforce the police regula-
tons, adopted by municipalities, to
promote the welfare and happiness of
the inhabitants of the respective cor
porations. 1t would be useless to adopt
these bylaws if the corporation were
not clothed with the power to enforce
them. 1t would be impossible to ex-
ercise this power unless the courts
were authorized to impose other PEN
alties than a mere fine or nominal i'm
prisonment. The violation of these
ordinances, or bylaws have been de-
fined by numerous decisions of our
state court, to be petty offenses and
not crimes, and the conviction and pun
ishnent, by the municipal courts have
been sustained by the supreme tribu-
nal of this state.
Striped of its oratorical furry and
bombastic rot, the federal decision re-
ferred to. is based upon three posi-
tions, first: that a sentence at hard
work upon the public works, for linz
tied number of days, is infamous pun
ishnent; second that one cannot be
tried, convicted and punished for the
violation of a municipal law by a sem
tence at hard work upon the public
works without the Intervention of a
jury; thirdly, that he cannot be tried
and convicted without some formal
procedure such as information or ac-
cusation. From the federal decision
above quoted it will be observed that
these rights contained in the first ten
amendments to the federal constitu-
ton, are limitations upon that govern
ment alone. and in no way bind or
affect the states"