Bisbee daily review., 1912-04-19
LICENSE TAX
 CASE HEARD
Judge High Decides He Has Jurisdiction and Over rules Objections
 and Demurrers
DECISION SATURDAY

Bisbee has no city court there has been no city court since Febru- ary IA, and Judge High. who has held that vacuous position. is not a po- lice judge, was the contention of George II. Neale, attorney for A. J.. kisselberg, in his argument on the demurrer to the complaint in the case of the city against Kisselberg, charged with doing business without a license, in violation of section 3 of ordinance No. TIT.
 That the city court was without jurisdiction and judicial authority to try the case was one of the grounds of the demurrer, and to this point the attorney confined his argument He asserted that judges Of police courts were in the same category as notaries public, whose commissions expired when Arizona became a state. While disavowing intention to hold a threat over the heads of the city officials, including Judge High, Mir Neale pointed out what he termed possibilities that might ensue if the court assumed authority to hear the case He asserted that members of the city council, the at torney, Ed J. Flanigan, City Marshal Bassett Watkins and City Judge N. c. High would perhaps become parti. ceps criminis, and all would be Ha' ble to civil action for damages.
 In his argument for the point, he asserted that the procedure could not be justified on the ground that pro ceedings were instituted on the ad. vice ot the city attorney. because the city attorney would be liable also, and was therefore not disinterested. He also declared that the unconstitu- tiOnality of a law, which he declared was an attribute Of ordinance No. TT, a1orded no protection to officers oi the law.
 T do not want to see this court take the chance, asserted MT. Neale. He said that even if he had not con. vinced the court that it was without authority, he believed that the grounds of demurrer were sufficient to raise a doubt in the mind of the court. and fl such were the case, higher court should pass on the question
 If the contention of the attorney for the defense can be maintained, the logical conclusion is that every sen tence that has been passed in the city court since February If is void. The contention of the attorney, however. was comhatted by City At torney Flanigan, on the ground that justices Of the peace were continued in ofsce by the constitution, and as serted that inasmuCh as justices oi the peace were empowered by law tc act as police judges. the court was within it's jurisdiction Ill hearing the case.
 The point was Overruled by Judge High. and the other grounds giveI in the demurrer was not argued, anC the demurrer as a whole was submit ted and overruled by the court, witt the order that the case proceed. 4 plea of not guilty was entered by the defendant, whose attorney re quested a trial by jury. He sprunl another surprise in this, and based the demand on the bill of rights o the constitution, which declares 5ha the right of trial by jury shall no be abridged. but this also was over ruled, and the case proceeded.
 Only one witness, the city marsha was examined, and he testified to t the points as alleged in the complaint Attorney Neale moved for a dismis sal, on the ground that the city case had not established the fac that the defendant was a real estat agent, but on the other hand, ha tended to establish that he is not real estate agent. This motion va also Overruled.
 Attorney Neale then introduced th complaint and answer in the case the Hoffman Bros. Loan and Tru' company vs. the city, a suit for an il junction, and the judgment of th court in that case, drawing partic lar attention. to that part of the jud ment in which the superior cou held that Kisselburg did Tot con within the terms of the ordinanc and any action by the city cOu other than a dismissal of the cal would he, in effect. a reversal of tl superior court
 The city attorney, in answer. d clared that the main issue in the C iginal case in the superior court VI an application for an injunction, al tu4S Qdu StSA utuAIQ NuC Ria4AAAAS
 that case. and what the court had
 say as to whether Kisselberg can
 githin the terms Of the ordinan
 was not material to the main issu that of the injunction.
 The court took the case under 8 visement until Saturday morning
 eleven o'clock The attorney for | defendant gave informal notice that
 the judgment of the court were
 verse to the defendant, he woJ
 move TOT an arrest of judgment a
 notice of appeal.
 The meat of the entire litigati
 appears to te what constitutes
 real estate agent, a3a tha constr
 tion Of this term in no way invoiE
 or reflects upon the personality
 the defendant.
 Davis Goes to Globe
 Secretary k. 5. Davis, Of the Bisl