Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-01-11
TO OPEN POLICE
TRIBUNAL AGAIN
Judge Cavitt VIII Be Back
on Bench This Morning
After Forced Vacation.
LEGAL MINDS FIND A WAY
Doyle's Decision Was X. O. for
Tulsa Court but New Laws
Come to Aid.

Hear ye' Hear yc. Hear ye,
Court Is now open"
So will ring out the stern voice OF
the clerk of the police court this
morning al $50 o'clock and by this
prescribed ceremony Tulsa's police
court for these many weeks dormant.
viii resume the grinding out of JUS
tice under the guiding hand of Alu-'
nirlphl Judge +, O. Cavitt
Since Judge Thomas II. Doylc's de-
cislon recently, In which he held that
the municipal courts of Oklahoma
were not vested with the power to in
carccratc prisoners for police court
charges unless given trial by Jury,
there has been little activity in police
court circles generally thruout the
state
Lawyers Called In.
In Oklahoma II has long been q
practice in city courts to assess fines
and Jail sentences. In the event that
the fine was not paid the convicted
prisoner was forced To LAY out" his
line In addition to the Jail sentence,
sometimes reaching into the months.
with the announcement of the de-
cision by Judge Doyle this practice
ccnsed and oklahoma cities began
calling In their legal departments for
advice and opinions as how best to
stop the Increase of crime which be-
came noticeable with the tying Of
the hands OF the court.
Resume in Three Cities.
I'm Tulsa the police court officials
and the clty's legal department were
tn nd oil h
ing more than the power vested in
them by the old ordinance they were
unable to cope with the situation.
Communication was had with tho
states attorney-general and the lead
ing lawyers in other cities, especially
members of the supreme courts In
oklahoma CITY with the result that
three of the leading cities in the state.
Tulsa, MuskUgee aud the capital will
resume today the operation of their
courts.
Several Ordinances Violated.
I'VE are going to hold court at
$3.50 o'clock tomorrow morning"
Judge Cavitt announced last night.
we have found that there are several
OF our ordinances which are being
violated that give us the authority
to operate and the cases called In my
court for the rest of this week Will
be in which the defendants are
charged with violation OF the traffic
ordinances or FOR disturbing the
peace
The Judge declared that while other
cities were striving for "a solution TO
the mooted question Tulsa had arrived
at one which IL was believed would
work perfectly and give grounds for
prosecution of law Nolutors.
I'VE are under the impression that
by Judge Doylc's decision we cannot
incarccrate a prisoner for II charge
In our court" he continued, but We
have the power to hold those prison
ers convicted and fined who fail or
refuse to pay the fine. On this ground
we are going TO operate our court.
Fines Only.
The Judge would not admit that
the fines handed down In his court in
the future were To be more severe
than before. but he did not deny that
II was upon the fine system solely
and not upon the imprisonment sys-
TEN that the court would be operated.
I'VE cannot sentence "A prisoner 10
iail upon conviction FOR a crime no
declared. but II We assess fine ana
this Is not paid we can hold the pris-
oncr In jail until the fine has been
worked out on the city streets, or as
the chief of police shall prescribe
Since the decision OF Judge Doyle
was handed down there has been in
Tulsa more violations OF the traffic
ordinances and disturbing the pcac5
ordinances than in the past, police Of
ficers declare. II is prisoners arrested
on these charges that will receive tho
FIRST consideration of the municipal
Judge.
To Revise Ordinances.
In the meantime the legal DEPART
mcnt aud the board OF city commis-
siouers are expected To revise several
of their ordinances In such a manner
that the Imprisonment features Will
be eliminated and the fine system IN
creased. After these ordinances be-
come effective It will re the policy OF
the court Judge Cavtt announced, 20
begin the prosecution ot these
V'olators.
BURTON PRESIDENT