Evening journal., 1913-10-28
JUDGE SHOWS DEFECT IN MARKET laws

the provisions. OF the statute. The
statute provides that the King street
market shall he used exclusively by
farmers and Fuckers; hence one not
either farmer or trucker cannot use
that market. II such a person does
use II he violates one Of the proyis-
ions of the statute. The statute thus
creates the offense. then provides the
method OF prosecution and grants
jurisdiction 10 a certain court The
Question Is. can the city under a
regulation create the same offence,
provide a penalty and different
method OF procedure and grant iuris-
diction to another court2 Are the pro-
visions Of tho statute as TO the Of
lfcnse. the method OF procedure. and
jurisdiction OF the court mentioned,
exclusive? Or. can IL be success
fully maintained that the Court Of
General Sessions and the Municipal
Court would have concurrent jurisdic-
ton?
1T has been held in many jurisdic-
tions that when statute gives a
right or remedy, which did not exist
at common law. and provides a speci-
iic method Of enforcing il, the mode
of procedure provided by the statute
Is exclusive.
And. Il has also been held that
where the remedy is prescribed by
the statute which denounces the Of
fonse, no other process or procedure
8 can be made use OF to enforce Obedi-
encc TO the statute than that which
the statute itself prescribes.
1T has also been held that II a new
ofiense is created by statute and the
jurisdiction "a limited TO a particular
court, the jurisdiction Is exclusive
1T has been held, also, that the grant
Of original jurisdiction to particular
court in a class Of eases. without wordl
excluding other courts from jurisdiction
in the same cases, does not necessaril,
deprive other courts Of concurrent juris
diction, whore the matters fall within
the general jurisdiction Of such othe
courts
"The Supplementary Act is made 4
part Of tho City Charter and tho Cit,
Charter Up. f0l grants TO this conr
. original jurisdiction Of odenses against
any OF the laws. ordinances regulation
or constitution Of the city.
u mention the subject Of jurisdiction
merely as q suggestion 20 those having
in charge these prosecutions.
Power 10 Provide Regulations.
Under all the charters OF the city
The Council we're granted the power
to regulate the markets.. aud under
the supplementary act OF 1885, which
was made a part Of the charter oi
the city. The Council as the legisls-
tive body OF tho city. was directed to
provide for the general regulation OF
the farmers and truckers market
agreeably 10 the provisions OF the act
and also 10 cstahlish and regulate the
other markets authorized by the act
Under the act creating the street
aud Sewer Department passed, April
90, 1857. the general assembly auth
orized' that department TO have en-
tire jurisdiction aud control
OF the streets. squares lanes. roads OF
! alleys Of the city. said Jurisdiction
l. and control 10 extend from buildinl
/ line 10 building liue,' and also pro
, vlded that such department. shoul'
4 have the same rights aud pow
q ers and he vested With the same au
j. thorlty over the said streets squares
e etc, as are now held an
e txerolsed by The Council
Il under the charter laws ordinance
d aud regulations appertaiping TO
u tho government OF the city.
u ibid this grant include the powe
/. 70 provide regulations for the ma
y kots and 70 establish and regulate tn
markets mentioned In the supplemer
y tary act?
k Tho powers given are broad an
, comprehensive, but markets arc no
2 mentioned. The words sidewalks
land 'pavements' arc not mentioned.
, The act is silent as to lcgislatiul
, upon the uses Of the sidewalks.
Z did the grant include the powo
to legislate upon matters concerning