The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-10-31
GERMANY WANTS TO TRADE.
ORDINANCE
CONTINUED from page one.l


Has the County court in which enforce its ordinances 1t is
commended by the prosecution that jurisdiction given this
statute 1T is likewise admitted that this of inferior uc
ton has not nor obtain jurisdiction except what or may be
by the power creating the presumption
dcon to entertain its behalf But urged by the
ton evident Legislature confer jurisdiction
these District This urged the grounds
that the fullest possible effect be given otherwise valid Of
To hold that Legislature Territory had granted the County
the right make ordinances but had given them method of
forcing violations legislature
aborve and the entire legislation in this regard nut. Likewise
urged this the where petty oenses msdemeanOr,
violations of the rules and regulations the Board OF Health and all
like tried and there doubtless thought the minds
OF the Legislature but that these ordinances would under the
category On the other hand may well be urged that not only IS
the silent to this the connection OF this court with the prosecu-
on of violations OF ordinances but the only mention OF such
cuion an entirely different court the circuit court lhS auon
lis found Sec subdv wherein the duties of the County Aor
County and conduct on behalf OF the people all prosecutions therein
flor the laws the Territory Hawaii and the Or
ers the act contemplated the passage OF ordinances creating es
and trouble in the first instance in the Circuit Court they
ordinances OF the Board OF Supervisors OF the County be
instituted conducted have been unable find single
corporation pass ordinances the breach which constitutes felony.
This could have been contemplated by Legislature, 1t would
must have been that these breaches OF ordinances be taken
into consideration by the Circuit and by the District Courts
particular ordinance under consideration however urs-
dcton expressly conferred by the ordinance itself Does this alter
the situation VIII not be Gonended na{ any other power can
Iof mnncoa conoraon unicipa authority cannot invest the
office police judge with any functions of its creation;
assuming police judge exercise judicial functions
under other license than that conferred by municipal authority is
guilty of usurpaton'
People " Curley Colo 4I2 Cited IS Enc Pr Pr, 4r8
"A municipality has implied either erect its courts
lon in anywse extended their jurisdiction.
McNulty Connew, so Ind, 500.
So State Connew IS La An T46 held that Justice OF
tine Peace being officer entertain jurisdiction enforce
municipal ordinance by the imposition OF fine imprisonment
office OF Justice OF the Peace being that of inferior cOurwh no
prescriptions of jurisdiction in its favor
1t difficult find bearing directly in point with the
under consideration the question of municipal having been dealt
with by the act creating the corporation in every instance But those
find universally the opinion that act
municipal political corporation upon inferior
jurisdiction given by the the power
ling the court.
We therefore hold that the court has no jurisdiction sitting
punish msdemeanors to violations of ordinance
the Board of the County OF Oahu.