33 S.E.2d 425 | Ga. | 1945
The amendment of 1937 to article 6, section 6, paragraph 2, of the constitution of Georgia (Ga. Code Ann., § 2-3402), confers upon judges of police courts of incorporated cities and municipal-court judges jurisdiction to try misdemeanor cases arising under the act known as the Georgia State highway patrol act of 1937 only in those counties in which there is no city or county court.
The word "jurisdiction" is used three times in the amendment under consideration. In the first instance, the word is used in the sense of subject-matter, i. e., the class of misdemeanor cases over which the court of ordinary shall have jurisdiction; and, in the last instance, in the sense of territorial limitation. In the first instance, jurisdiction as to the subject-matter is conferred on courts of ordinary, but with a restriction and proviso: first, jurisdiction of the class of misdemeanor cases referred to is limited to counties having no city or county court; and, second, the defendant must waive a jury trial. As used the second time in the amendment, the word "jurisdiction" in the phrase, "like jurisdiction," also refers to subject-matter. Was it the intention of the framers of the constitutional amendment to confer upon judges of police courts powers as to the subject-matter without the same restrictions as are imposed on courts of ordinary? We do not think so. "Webster defines the word `like' as `having the same, or nearly the same appearance, qualities, or characteristics; resembling; similar to.'" State Revenue Commission v. National Biscuit Co.,
In their brief counsel for the plaintiff in error state that the framers of the amendment could "have clearly evidenced an intent . . to put police courts and municipal-court judges of incorporated *166 cities in which there was no city or county courts in the same class as the court of ordinary," by a transposition of words, so that the amendment would read: "In all counties of this State in which there is no city or county court, the court of ordinary shall have jurisdiction to issue warrants," etc. The transposition of the phrase limiting jurisdiction might have made the intention clearer, but we think that in this instance it matters not whether the phrase immediately precedes or follows the subject-matter of jurisdiction. If the framers of the amendment intended that police courts should have jurisdiction of certain misdemeanor cases in all counties of the State without regard to whether there is a city or county court in the county, that intention could have been shown clearly by having the last sentence of the amendment read: "Like jurisdiction, regardless of whether there is a city or county court in the county, is also conferred."
"In placing a construction on a constitution or any clause or part thereof, a court should look to the history of the times and examine the state of things existing when the constitution was framed and adopted, in order to ascertain the prior law, the mischief, and the remedy. A constitutional provision must be presumed to have been framed and adopted in the light and understanding of prior and existing laws and with reference to them. Constitutions, like statutes, are properly to be expounded in the light of conditions existing at the time of their adoption." 11 Am. Jur. 676, § 63. What were the circumstances and conditions existing at the time of the adoption of the amendment now being construed? This amendment was proposed just after the adoption and approval of the Georgia State highway patrol act (Ga. L. 1937, p. 322), which created a new State police force, charged with the enforcement of traffic laws throughout the State. The act created new offenses incident to the operation of automobiles. At the time the State highway patrol law was enacted, ordinarily only the superior, city, and county courts had jurisdiction of misdemeanor cases. Grant v. Camp, supra. Evidently the framers of the amendment recognized the need of speedily disposing of misdemeanor cases under the Georgia State highway patrol act, and other traffic laws, and recognized the fact that in many counties of the State there are no city or county courts, and misdemeanor *167 cases must be disposed of in the superior courts. Consequently, in those counties having no city or county court, considerable delay might be necessary in disposing of this class of misdemeanor cases, while, in counties having city or county courts, charges could be preferred upon an accusation and the offender given a speedy trial. By conferring upon the courts of ordinary and judges of police courts of incorporated cities and municipal-court judges jurisdiction over this class of misdemeanor cases in counties having no city or county court, the delay in such counties necessitated in disposing of this class of misdemeanor cases could be obviated. We do not believe that the framers of the amendment intended to confer upon either of the courts unlimited jurisdiction.
The recorder's court of the City of Atlanta was without jurisdiction; and therefore the judgment of conviction was void. The trial court committed no error in releasing the petitioner.
Judgment affirmed. All the Justices concur.