182 P. 187 | Utah | 1919
This is an original application to this court by the plaintiff against the defendants for a writ of mandate. An alternative writ was duly issued to which the defendants appeared and filed both a general demurrer and an answer. In view, however, that the answer presents no question of fact, the cause was heard and submitted upon the demurrer alone, and will be determined as though no answer had been interposed.
The application is made by the plaintiff pursuant to chapter 34, Laws of Utah 1919, which chapter is both an amendment and revision of sections 1700 to 1736, both inclusive, Comp. \ Laws Utah 1917, and all references hereinafter made
The plaintiff in his application in substance alleges that he is the city recorder and ex officio clerk of the city court of Salt Lake City, which city has a population of over 50,000; that the defendants Beger and Lund are the acting justices of the peace in and for Salt Lake City precinct, and the defendant, Daisy King is the clerk of said justices’ courts; that the defendants Beger and Lund have in their possession and un-' der their control all the files, papers, dockets, and indexes of said justices’ courts, of which said files, papers, dockets, and indexes the plaintiff is required by the act aforesaid to take charge and for which he is made responsible; that plaintiff has duly demanded from the defendants Beger and Lund, and from said Daisy King the clerk of said justices’ courts, the possession of said files, papers, dockets, and indexes, but they have, and each of them has, refused to deliver the same to the plaintiff, and said Beger and Lund also refuse to require said Daisy King, their said clerk, to deliver said files, etc., to the plaintiff.
While there is much more contained in the application, yet, in view that the demurrer is based entirely upon the contention that the act upon which the plaintiff predicates his application is void, we need not encumber this opinion with the other allegations contained in the application.
The defendants contend that at least certain portions of the act are void, for the reasons that they are in conflict with sections 1 and 8 of article 8 of our Constitution. Section 1 of said article reads as follows:
"The judicial power of the state shall he vested in the Senate sitting as a court of impeachment, in a Supreme Court, in district courts, in justices of the peace, and such other courts inferior to the Supreme Court as may he established fry law.”
It is contended that by that section justices’ courts are creatures of the Constitution, and hence cannot be abrogated by' any act of the Legislature. No one contends that courts created by the Constitution may be abrogated by legislative act, but, as we shall hereinafter see, that is not what the Legis
“The Legislature shall determine the number of justices of the peace to be elected, and shall fix by law their powers, duties and compensation. The jurisdiction of justices of the peace shall be as now provided by law, but the Legislature may restrict the same.”
By tbe express terms of that section tbe Legislature is permitted to exercise certain powers over justices of the peace, and tbe only question is: Has it transcended its powers in passing tbe act in question? The parts of tbe act which it is contended transcend tbe legislative power and which now constitute sections 1700 and 1701, Comp. Laws Utah 1917, read as follows:
“1700. In all cities of this state having a population of more than 7500 inhabitants there is hereby created a court to be known as the city court of- (naming the city), and there is also created the office of city, judge, whose election, qualification, duties and term of office shall be as hereinafter provided.
“1701. At the general election to be held on Tuesday following the first Monday of November, 1920, and quadrennially thereafter, there shall be elected, in cities having a population of more than 50,000, four judges, and in cities having a population of more than 7500 but less than 50,000, one judge, to be known as judges of the city court, whose term of office shall be four years beginning at 12 o’clock noon on the first Monday of January succeeding their election, and to hold office for the period of four years, and until their successors are elected and qualified, as hereinafter stated. The said judges shall be elected.by the qualified electors of the respective cities, and under the laws and regulations governing general elections: Provided, that upon the taking effect of this act the city courts, municipal courts, the offices of city justices of the peace, and justice courts in all cities where city courts are hereby created shall be united and shall constitute the city court of such cities, the judges of which shall be ex officio justices of the peace in such cities and shall have and exercise the same jurisdiction as is provided by law for justices of the peace throughout the State, the municipal judge in cities having municipal courts and the justices of the peace in cities having a population of over 50,000, now holding office shall become the city court judges respectively, and shall retain such offices until the first Monday in January, 1921, or until their successors are duly elected and qualified as provided herein, and shall have the samé jurisdiction, powers and duties as judges of city courts and shall be paid the same salaries: Provided, that in all other cities where city courts are herein*495 created the mayor, by and with the consent of the city commissioners, shall appoint a city judge to hold office until his successor is duly elected and qualified.”
It is contended that the union or consolidation applies only to the courts in cities having over 7,500 and less than 50,000 population, for the reason that the language is
We can see no objection to thus uniting or consolidating
There is, however, still another cogent reason why the foregoing construction of t^e act in question should prevail. It is this: If the construction contended for by
The foregoing interpretation and construction also disposes of defendants ’ contention that the title of the act is defective.
Counsel for both sides have cited a number of decisions which, they contend, to some extent at least, suppórt their respective contentions. A careful examination of those cases, however, has convinced us that they have no application here, and hence we refrain from referring to any of them.
From what has been said it follows that the aet conforms to the Constitution of this state,, that it is a valid law, and that therefore the defendants have failed to comply
It is therefore ordered that a peremptory writ of mandate issue. Costs to plaintiff.