The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1920-12-02
CITY COURT DEALT
ANOTHER SETBACK
Bud Nelson and j. w.
Ellis Case Dismissed
After Final Hearing
CITY ACTION ILLEGAL
Refusal of Jury Trial Grounds
Upon Which Defendants
Are Turned Loose

Dlschnrging Rud Nelson aud }.
w Ellis on hnbcns corpus proceed
ings Instituted after conviction IN
the Tulsa municipal court on the
charge of possession of two ounces
OF corn whisky August is, judge
owen owen. In district court Wed
nosday. held that the action OF the
city court was Illegal IN that tho
defendants were not allowed trial
by jury On demand. This action
prccludcs tho possibility Of the de
fcndants appealing tn" case to the
Oklahoma Criminal court OF ap
poala their intention whom The case
was appealed 10 d'sirict court
Refused Trini by Jury.
This decision by Judge owen
does not Ia any way pass upon TIA"
legality ~ the newly created court,
the failure of the Judge OF the city
court TO grant the dofcndaulH n
trial by jury being sufficient
grounds upon which tho defendants
were discharged.
Nelson and Ellis were convicted
Of liquor possession and fined tl9,
Both appealed and made bond OF
$500 for release. AZ tho first hcar-
ing on tho hnbcps corpus. they were
rolonsod on bonda OF 500 set by the
district court and the case coming
on for hearing Wednesday resulted
In their release.
Had Judge owen upheld the do
claion OF the municipal Judge the
defendants would have appealed TO
the criminal court OF appeals.
Since the decision was In their
favor no such action will be taken,
The legality OF the city court, prac-
tically concurrent Jurisdiction with
county court. has often been qucs-
toned hy local attorneys, and sew
erai have expressed the opinion
that should conviction be ap-
pealed on the ground that the court
IL without any of the powers dele
gated TO II by the city ordinances
court Of appeals would hold with
the appellants
Attorneys In Discussion.
whether the state was With
In i,s constitutional authority In
enNctirg bill creating the
municipal criminal courts. such
as exist In Tulsa. Oklahoma
City and other cities of the
first class, must he dctcrmine1 j
by u test case before the criminal
count OF appeals, There has been
AN unusual divergence OF opinion
among attorneys. not only locally
bat over tho entire state as to its
constitntionality.
Until nnch test is conducted
the local court will continue statue
quo" city Attorney Frank u. Dun
can said "Wednesday afternoon afteI
hearing Of tho decision OF Judg'
owen In the Bud" Nelson habeai
corpus case.
STATE Law Comes Fyrst.
The effectiveness, power oi
constitutionality Of tho local mu.
nicipal court In In no wise affected
by Judge owens decision" he ex.
plaincd. His decision pertalned
only to tho particular case, which
involved . state offense. and ir
which Nelson was entitled to Z
trial by Jury. AZ the offense with
which Nelson was charged is also
q violation Of ths city ordinance, ht
was tried under It's jurisdiction
Judge owens decision means thai
when an effense In governed by both
state law and city ordinance, the
state law shall take precedence and
the offender shall be tried by a
jury.
"rhere are similar instances IN
the history Of the Oklahoma city
municipal criminal court. which
operates under tho same Legislative
tct az that which governs Tulsa'i
court"
Contestants ALIGNED.
That the validity of this court will
be given u thorough test is indicated
by the announcement OF the pro-
prietors OF the *. G. waffle houses
They were barred by tho court
from hauling garbage from their
restaurants. the city contending that
such refuse can be collected and
hauled by the firm with which ths
city holds n garbage contract. The