Arizona republican., 1913-06-07

s. laws of 1912. second session,
amends paragraph 2O4S. R S. 1901,
and therein limits the jurisdiction of
justices of the peace in criminal
cases to offenses other than felonies
where the punishment is q fine of
less than two hundred dollars or i'm
prsonment in the county Jail not eX-
| ceeding three months, or both such
fine and imprisonment
The test Of the jurisdiction of the
justice of the peace in this case as
in all others. is whether the maxi
mum penalty that may be imposed
upon conviction is greater than he
is authorized to inflict. If the pen
atty may be greater than the maxi
mum that he can impose then he is
without jurisdiction. Upon con-
viction in this case the court could
punish the defendant by fine of
$3.50, which exceeds the jurisdiction
of a justice of the peace.
The law is well stated. \ justice
of the peace. police judge or other
inferior magistrate has no jurisdic
ton to try one accused of crime
the maximum penalty or punishment
Of which exceeds the power of his
court to impose In order that the
appellate court may acquire jurisdic-
ton it is necessary that the court
Of the first instance should have had
jurisdiction. AS he (the Justice Of
the peacc) had 10 jurisdiction the
circuit court Superior court had no
jurisdiction. The jurisdiction of the
circuit court depended entirely upon
the Justices jurisdiction. Quoted
from the Indiana and Iowa reports
The judgment IS reversed with dlrer-
uons to the superior court TO DIS
charge the appellant"
Famous mime SUIT
Inc thlId case nanoeo oo"h oN ,,'e
hlSheSt ulbunH OF the state was me
one IN winch the copper Belle MIN
ing company OF west Virginia was
suInG John GIeeSon IN equity on an
assumption lot money had ana re
CelNed. rms case IS one OF the "a
NOUS HIeeSoH cases th"l nay peeh
before the courts 81 the TERRITORY l"I
many Years and were inherited pN
the state when statehood was "ch-
IeNed
In this particular case the history
goes back TO before l9o-, Wheh the
San Reno Copper Mining company
became indebted To John Gleeson IN
the sum OF $4,000 Tor services rem
dered. Subsequent 70 tins lndebted-
ness acquired by Gleeson TOR Whch
suit. judsemnt and lien upon the
property WAS opld4IIt"' inc an l>eii.'
people mort Ed5tu 80 lIIt Hll>t' A'ei'e
company thelr mining claIlhs loF
]oVVo- All TINS TOOK some tlihe 10
Ilght out IN the territorial ulS'IIcl
court OF 'ochlSc county il'"t ever
me mortgage the west HlShId COM
pahy aclulItd was subordinate 20 lHe
ieh DIeesoh helu-
IN I'V0' an oIuef OF SAFE was -9S"e"
g DIees"h ana sac "aS Hei". t''ee
son acquiring an rl9ht tIlIe ana III
te'oSl % me properly l'' S'''?' anu
III Hue coui - q ttI 'lii0al' was i79ue'-
% MIN anu uupllcdle copy ll4eu 81
record me est l7liii' com l'diiS
however IIIed 70 pun tlidSe 'lllS IIoi'
GIeeSoh' offering 20 pay nm lie
amount OF ms Judgment against tie
can reno c'ihpahS' put t'IeeNoH u'
Sllheu- aims III >ol ul'diS 'oi
NeNance the west Virginia company
redeemed the property bE "epoNlllhs
win the 9Hti III u me 'oUiIO' 'ne
amount 81 lhe Juu6Inehl anu el=''O
PEI -.
hidlIIeN WI" ny 0iiei - my, '''''i
| 'hlIlN udHS "HeH II va Hdhut" 'He'
@ IleeSoh pS me SHei ~ ana ~.
ai'ei 'lie Niiei III '''i - ,''' ~
pIt oeile MINING iil'"'S' ne uSO''