Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1908-03-12
pOLJOE JUSTICE.

pOLIOE j DS I'VE.
The following Was the Opinion OF Cor
marathon Attorney 5. B. Fisher on the
Legality of the position Of Police
Jnstice of The city Of Alexandria, sub
mitted to the City @ ,uncil LIST Tuesday
night.
Alexandris, Va, Feb. IL, 1908.
Henry X Field, Esq,
Chairman Committee on General
Lava.
Dear Sir: Ia regard to the resolution
concerning the legality Of the appoint
ment of q Police Justice for the city OF
Alexandra, beg leave to submit tue
following is my opinion.
That the Police Justice for the city OF
Alexandria Was appointed by an order
of the Judge Of the Corporation Court
of the city OF Alexandra, passed on The
18th day of January, 1904, and entered
upon-the discharge of bis duties az such
on the lst day of February, 1904.
The appointment was made under ard
nv virtue of the au'hGrity Of an act of
the General As.emhly approved Decem-
bsr.SI. 1908 (ac:s of Assembly 1922
4. p. $3.50.
The said act contains this proviso, w
provided, that no such appointment
shall be made in any city whereby the
present terms of its charter, the lnrlS-
diction, and powers conferred upon Police
Justices by this act, are conferred upon
the Mayor of such city, unless the cOun-
Gil thereof, shall by resolution, request
that such appointment be made. Inc
said act further provides that, "Ihls
act shall be in force from It's passage.
Had the City Council of Alexandria
bv resolution requested said appoint
ment. there could be no question of the
legality of the appointment. | shall
therefore proceed upon the assumption
that the appointment was made without
the request of Council, which | am in
formed is correct.
Since by the act the request OF coun-
Gil for an appointment is required only
in Getty whereby the present terms OF
its charter, the jurisdiction, and powers
conferred upon Police Justices by this
set. are conferred upon the Mayor OF
such CITY," j: is therefore necessary to
ascertain if the jurisdiction and powers
conferred upon Police Justices by said
act we're conferred upon the Mayor OF
the city of Alexandris, by the terms OF
its charter on the 3lst day of December,
1903. the date when the said act went
into effect.
The jurisdiction and powers conferred
npon Police Justices by the said act are
as follows, viz: "The Police Justices 50
appointed shall hold office for the term
Of four wears, and until their successors
are appointed and qualified, and shall be
couser,a tors of the peace within the cor
porste limits of the city for which they
are appointed, respectively, and within
one mile beyond the corporate limits OF
: snch cities, aud within such limits shall
have exclusive original jurisdc ION Tor
the trial of all Ufienses against The ordl-
uances of the respective cities for when
thew shall be appointed, and shall have
concurrent jurisdiction with the coTpo-
pOratiou or musings court OF such cities
in sll cases of violations OF the rev.
enue laws of the State and of ofenSos
arising under the provisions OF chapter
one hundred and eighty seven, and OF
sections thirty eight hundred and one,
thirty-eight hundred and two, thirty
eight hundred and three and thirty
eight hundred and four of the Code OF
Virginia, and except when 1t is other
wise especially provided shall have ok,
elusive original jurisdiction for the lriai
of all other misdemesnOr cests occur
ing within their jurisdiction; and IN sd
dition thereto, shall, in all OIL nses
against the laws of this commonwealth,
possess the jurisdiction and exercise all
the powers conferred upon justices OF
the peace and Police Justices By the laws
of this State, in all Of which cases the
Ounishment may BE- the same as the
Mayor of any such city or the corpora
ton or hastings court thereofsre snthor-
lied 10 impose.
Section "a of the charter of the city
OF Alexandra provided. among other,
that the Mayor Of the city OF AleKsn-
dris "shall nave and exercise all powers
of Justice of the peace within the said
city"
The territorial jurisdiction of the
Mayor of the city of Alexandra, 81 con-
tered by the tern Of its charter, is con-
aned within the limits of said city, while
the territorial jurisdiction of a Police
Justice appointment under said act, is
within aud one mile beyond the corPo-
rate limits OF the city, therefore, since
the territorial jurisdiction conferred up
on Police Justice by said act was mol
conferred upon the Mayor of the city o
Alexendra oy the terms OF lis charter
am of tho opinion thst the said sp
pointmen. was legal
In view of said opinion deem 1t I'M
necessary to report upon the respective
Jurisdictions Of the subject matter
SAMUEL P. FISHER,
Corporation Attorney.