205 P. 98 | Cal. Ct. App. | 1922
The first case sounds in prohibition and the second is an application for a writ of habeas corpus. Both proceedings were instituted for the purpose of determining the jurisdiction of the police court of the city and county of San Francisco over misdemeanors, the punishment for which may exceed a fine of five hundred dollars or six months in the county jail, or both. In the interest of clarity of expression, we will specially refer to the facts as presented in the prohibition proceeding, and the conclusion reached will rule both cases.
[1] The petitioner, William E. Conner, was charged, in a verified complaint, with having violated certain provisions of the Medical Practice Act (Stats. 1913, c.
The petitioner claims that the grant of power, concerning police courts, conveyed to the freeholder convention was intended to be limited to "municipal affairs." The first answer to that claim is that the language of section 8 1/2 of *375
article XI of the constitution which we have cited above is presumed to be correct and exact. Again, the limited meaning contended for is not suggested by any words written in the section which we are called upon to construe. To rule with the petitioner, we must write the words in. Furthermore, if we so hold, we must strike out of the charter subdivision 3, section 2, chapter 8 of article V, which reads as follows: "Said court, or any judge thereof, shall have the same powers in all criminal actions, cases, examinations and proceedings as are now or may hereafter be conferred by law upon Justices of the Peace." We have no right under the law to interpolate the words mentioned or to strike out the provision just quoted except for most cogent reasons. In Boca Mills Co. v. Curry,
The petitioner argues that if his contention is not conceded that then there is no law authorizing the police court to either examine or to try a defendant for any offense except to try a charge of having violated an ordinance enacted by the board of supervisors. Not so. The charter expressly imposes such duties upon the police courts. If the charter did not do so then there is, and was at all times, in San Francisco a full set of officers holding offices created by the legislature and on whom the legislature has imposed the duty of making arrests, holding examinations and conducting trials. In other words, San Francisco has every single officer that any outside county has with the exception of the township office of constable; and if the charter machinery is not sufficient to provide for enforcing the criminal laws, the legislative machinery is sufficient. (Kahn v. Sutro,
The application for a writ of prohibition is denied, and the application for a writ of habeas corpus is denied, and the petitioner is remanded.
Nourse, J., and Langdon, P. J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on April 8, 1922.
*378All the Justices concurred.