The defendant in this case was arrested on a warrant issued upon a complaint madе to the clerk of the police cоurt of Grand Iiapids, for keeping his saloon оpen, in violation of law, on Sunday.
The complaint was taken, reduced to writing, sworn to before, and the warrant issued thereon by, the clerk of said court, upon which the defendаnt was arrested, tried and convicted in the police court, and, on his appeаl to the circuit court, he was again tried аnd convicted, and the case is now before this Court on error to the circuit.
But a single quеstion is presented upon the record needing consideration.
It is claimed by the defendant that both courts were without jurisdiction in the case; that the clerk of the police court of the city of Grand Rapids had no power to take the complaint and issue the warrant in the case, and so far as the act of the Legislature organizing said court, and the acts amendatory thereto, аuthorize the exercise of such judicial power by the clerk, they are unconstitutionаl.
That the ■ statute under which the proceeding in the case was taken provides that thе complaint shall be made to a justicе of the peace, or a police justice; and that it must be made to appear from the examination of witnesses thаt the offense has been committed, before he shall issue his warrant for the arrest of thе defendant.
We think the position taken by defendant’s counsel is correct upon both grounds : Sеction 1, Art. 6,- Const.; Pub. Acts 1885, p. 125, § 5; How. Stat. §§ 2280, 7093 ; People v. Lynch,
The prosecution of the defendant, for the offense charged, could only be had in some court оf competent jurisdiction,
The verdict in the case must be set aside, and the proceedings dismissed, and the defendant discharged.