The Hattiesburg news., 1912-02-20
QUESTION Is RAISED IN COURT
YESTERDAY WHEN L. o. -ook
WAS ON TRIAL.
POLICE JUSTICE NOT APPOINTIVE
Currle 6 currie Representing Defend.
ant Filed Plea Denying Jurisdiction
OF Commissioner Fuller. Look Fined
5000.

A new and very unique question
was raised in the city court yesterday i
afternoon by Currie and Currie. at
torneys for L. o. Look. who was on
trial for retailing, which raises fine
point as to the authority of the Com
missioners to act in the role of Police |
Justice. The attorneys contend that |
the office of Police Justice is elective |
and that the act creating the commits |
sion form of government did not abol- |
ish that office, nor have the commits
sioners power or authority to abolish
the office, or try cases in the city
court. Currie and Currie did not al
low the defendant to plead to the
charges but filed a plea denying the
jurisdiction of the court. and an ap-
peal was taken from the city court to
the circuit court.
Look was arersted on evidence Sc
cured by a plain clothes detective
named Beaver, who came here from
Scott county to work in that capacity
for the city. Beaver claimed to have
bought WI skey from Look on two
separate ocasions, and after hearing
the testimony Commissioner Fuller
fined the defendant 500 and costs in
each case
The plea filed by Currie and Currie
follows:
Comes the defendant by his attor-
neys Currie & Curlie, and files this
his plea to the charge lodged against
him in said court in the above styled
cause and for plea says:
He denies the jurisdiction Of said
court 10 try said cause, and for reas-
ons for said plea assigns:
First. On the II day of March, 1910
the City of Hattiesburg in and by
which the defendant is being prosecut
ed. attempted to adopt and organize
The Commission form of Government
as provided for in Chapter 108 of the
Acts of the Legislature of Mississippi
1908. which said Acts does not abolish
the office of Police Justice as created
by Sec. 1898 of the Code of Mississip
nj 1906 nor does the attempted Char
ter of Incorporation of said City as
Commission Government abolish thu
said office. nor has the Board OF Com
missioners abolished, or, attempted II
abolish by ordinance or otherwise th'
said office and the Honorable T. M
Fuller. who is now attempting to dis
charge the duties of said office, ha
mot the qualifications required OF re
lice Justice nor has he any power O
authority under the law to exercise
+ba functions of or to perform the du
ties of said office.
second. If the office of Police Jus
+ca has been abolished, the Honorapl
r w Rich and not the Honorable l
=, rr,lor was voted for and electe
,rovor of the City of Hattiesbure
.auo,,eed in the manner required D
law ond ia now holding said office an
is engaged in the discharge, lawfully
80 80 duties, and he alone has po"e
t~s nersons charged with crim
AGAINST the city.
'sT, %hird The office of Police Justie
,os not been abolished, and there
n ua1 IN said city no person lawfu'l
a,,,ind "o to perform the functions an
Snt,os % Of Police Justice as REQUIRE
Nus''p s nroyided in Section 1898 OF tn
rnd cods r Of mississippi, 1906 80,
~ ro,rtb The Ordinance in Minp'
DooS = mage 5OS, of the City OF Ha
tiosburg. repeating the Ordinance .,
Ile5Ut ,s r'tv in Minute Book F page q =
's,S sorring upon the Honorable o::V
con,e wayor the duties of Police !u
@t4' t,oc and attempting to app0in. .sa,, -
Ivy tTnorobIe T. M. Fuller. the .'oli'ci'
pSn 4 attempting to try TINS, cas-
nuV pn,,ce Justice of said city, is vold az
r,tbout authority in law 50 sssi ,s' %
s Ml'nO nts 10 clothe the said Honorap
attempts 9,',,or ~ mere Commissions
%. !. y; Iot a lawyer, with the 'povel
40 ud sud duties Of Police Justice -,
anu 49, uu cnapter 1Os OF the Acts
r continued on Page Fve''