Evening journal., 1914-02-20
JUDGE SAYS
COUNCIL CAN'T
RETURN FINES
No Such Authority Given Body
in City Charter he
Says
ONLY ALTERNATIVE Is
TO HAVE CASE REOPENED

Members Of Council last night CON
sidered the case OF George Clark,
who is endeavoring TO have returned
10 him a fine OF $50 and costs that
was imposed on him some time ago
by Judge Churchman, when he was
convicted Of breaking a fire alarm
boN. The matter came up when c. NJ.
Dillon, council clerk, read letter
from Judge Churchman, in answer
70 a communication sent by Council
TO the Judge last week. In the let
ter Judge Churchman sets forth that
Council has no power, except tha. OF
legislative power, and he further sug-
sested that the only way to have
tines remitteds was to have the case
reopened. The letter from Judge
Churchman, which was referred 10
ne committee OF the whole, follows:
Dear Sir'--I beg to acknOwl-
edge the receipt of your favor
Of February l4th, in which you
direct my attention to the case
Of George Clark, who Was lately
tined $50 and cos.s. IN the Muni-
cipal Court upon conviction on
charge OF breaking a fir
alarm box.
I understand from your COM
niunication that the Council re-
quests an opinion from mo in
relation 20 the Clark case. or
that ! should make some recon-
mendauOn as TO what action the
Council should take IN the mat
ter Of Clark's request for reim-
oursement OF such fine and costs.
a..
Section No 81 Of the city charter
III which II is provided that the
members OF Council shall consti-
tute the legislative body of the
city and shall be donominatod
the Council and certain powers
are herein expressly granted TO
The Council as the legislative
body OF the city, but nowhere
can ! fiud any power 10 remit
hhes Imposed In the Municipal
Court or TO SIT on appeal in
court cases, or to open judgments
ct tue court or 10 consider any
matters whatsoever in connec-
lion With judgments or any other
judicial proceedings. The Coun-
cil has only the powers granted
to it IN the city charter.
] ind In Section No Is OF the
city charter that the MnnIcipal
Court Is granted jurisdiction TO
inquire Of, hear, try and deter
mile al offenses which shall be
committed within the city,
against any Of the laws. ordinances.
regulations or constitution of
the city and TO punish The onen-
ders as by the said laws, ordi-
nances, regulations or constitu-
tion shall be prescribed.
Il IS therefore quite clear that
no power exists on the part Of
the Legislative body OF the city
called The Council. to consider
and act upon matters which have
been determined in the municipal
court, pursuant TO the power
granted TO it by law, which in
effect would nullify judgments Of
that court.
Holding these views cannot
make any recommendation in the
matter as by so doing ] would ad-
nit the power OF Council to act
in the premises.
would however. call the at
tentlon OF the Council TO the fact
that in the municipal court aud
all other courts. proceedings may
be taken to obtain new trials or
rehearings and 10 open judg-
ments upon proper application al
the proper time when an ag-
grieved party can show merit
therefor. and a remedy is neces-
sary so that justice may be done
Respectfully,
PHILIP @. CHURClIMAN,
fsftrr IudCa