63 Neb. 345 | Neb. | 1901
This was an action for a writ of mandamus instituted by the relator against the mayor and city council of the city of Omaha to compel the allowance of his salary as police judge of said city for the year 1900 at the rate of $2,50Q per annum. The cause was tried below on substantially the same issues as those joined in the earlier case of State v. Moores, 61 Nebr., 9. The relator had judgment below and respondents bring error to this court.
The office of police magistrate or police judge is called into existence by the constitution, and, as we have already seen, there is an absolutely uniform jurisdiction prescribed by statute for these officers in the enforcement of the criminal laws of the state; and, even if we should conclude that the various provisions of the statute governing cities of the different classes had violated constitutional restrictions in not conferring a uniform jurisdiction in the enforcement of ordinances, we would not even then feel jus
An examination of the different sections of the statute governing cities of the different classes convinces us that there is no want of uniformity in the jurisdiction which these statutes confer upon police judges. This court has said in the case of State v. Magney, 52 Nebr., 508, that the constitutional rule of uniformity we are now considering is not violated if all courts of the same grade have jurisdiction of the same matters and equal authority “in dealing with them.” Applying this rule to these statutes, and considering the police magistrates all as courts of one grade, we find that they all have the same jurisdiction in the enforcement of the statutes of the state, and each one is given an exclusive jurisdiction to prescribe fines and' penalties for the violation of the ordinances of the city in which he may exercise the duties of the office of police mag
It is therefore recommended that the judgment of the district court be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the-district court is
.Affirmed.