Pine Bluff daily graphic., 1909-08-18

1 the care and custody of all papers, books and records belonging to his court (This section is 209 of Cole mans Digest of the Laws of the City,
 Acting under these two sections your honorale body pAsed an ordi- nance which is now section 37S-379 of Coleman's Digest of the Laws of the City, which requires the police judge to give bond in the sum of $2,5OO for the faithful discharge of his duties
 By section 379 the police judge was
 required on the first day of each month to present to the city council a state ment showing what persons had been brought before him since the preced- ing report charged with violating city ordinances, what disposition was made of such, if the party charged was convicted. what fine was assessed and what disposition was made of the party convicted, and if the fine was paid, how it was paid, and he shall at the same time file with his report a receipt with the city treasurer for all moneys collected by him as afore- said. ~x sxsgx- a1m
 It appears from an examination of the statutes, both state and city, that these acts and ordinances were the only ones governing the collection of fines and forfeitures ill the police court and have been acted upon since the time they were enacted. Not one has ever questioned the legality of the act, nor the right of the police judge under the charter and bylaws of the city to collect these fine and forfeit ures. The very purpose of requiring the judge to enter into bond in the sum of $2,5O0 was recognition on the part of the city council that all fines and forfeitures shall come into his hands and be paid over by him to the city treasurer, and the treasurer's
 
 monthly as required by the bylaws No other officer or person, so far as We have been able to find, is author ized to collect fines and forfeitures imposed by the police court, except ing the police judge.
 By your ordinance No. 997 this pow CT has been taken away from the of ficer designated by law and put in the hands of your city collector, and we supposed to be conferred by Section 5465 Kirby's Digest which is the same as Section fl of Coleman's Di- gest of the Laws of the City. This section provides, all fines and pen alties imposed by the mayor or police court in any city or town in this state shall be paid in by the city or town treasurer, and the city or town ooun- cils shall have power to prescribe all necessary regulations for the collec- tion and account for said fines and penalties.'
 The question necessarily arises: Does this section giving the right of the city council to regulate the collec- tion of these fines and penalties give the city council the right or power to take from the police judge the right to perform his duties under the pre- vious sections? We think not
 The law as it existed at the time and prior to the passage of the sec i, tion last quoted unquestionably fixed ! upon the police judge as the proper officer to collect these fines and for feitures. The fact that the city coun- cil was authorized by this section to . regulate the collection of these fines and forfeitures did not confer upon it the power to take that right away | from the police judge and place it in : the hands of another person to whom | no such power had been conferred.
 All of these sections heretofore , quoted. excepting the ordinance of the ! city, is a part of the charter under which the city acts, and as rule of law a municipal corporation has no power except such power as is ex- pressly conferred by it's charter or necessarily implied by such expressly granted power.
 A number of cases might be cited to show that when a charter of ml- nicipal corporation has conferred