105 Minn. 440 | Minn. | 1908
Relator, convicted in the municipal court of Duluth of the offense if keeping open a licensed saloon at a prohibited hour, was sentenced 0 pay a fine of one hundred dollars and costs, and upon default of pay-nent was committed to the county jail in the custody of the sheriff, le sued out a writ of habeas corpus on. the ground that the imprison-aent was illegal and void, because the municipal court had no juris-iction of the trial of the case. On hearing the relator was discharged, 'he sheriff then took this appeal.
Prior to November 8, 1904, the state constitution provided that “no erson shall be held to answer for a criminal offense unless on the pre-mtment or indictment of a grand jury, * * * except * * * 1 cases cognizable by justices of the peace. * * Const, art. 1, ■ 7. The cases cognizable by justices of the peace are those where Hie punishment does not exceed a “fine of one hundred dollars or Hnprisonment not to exceed three months.” Article 6, § 8.
The charter provisions of 1891 were unconstitutional and invalicl The appellant contends that in its language “fine and imprisonment
The ordinance of 1898 enacted in, pursuance of it was clearly void. It expressly provides for punishment by both fine or imprisonment or both. It is not significant that it also imposed costs. State v. Cantieny, 34 Minn. 1, 24 N. W. 458; In re Williams, 39 Minn. 172, 39 N. W. 65; State v. Matter, 78 Minn. 377, 81 N. W. 9. The provision on this subject of the home rule charter is of obvious legality. Since its adoption, however, the city has not enacted any ordinance on this subject. The ordinance of 1898, if valid, would have remained in effect; but, being invalid, the present prosecution must fail, for want of jurisdiction in the municipal court.
The defendant argues otherwise, and insists that the amended ordinance of 1898, even if void and of no effect under the amended charter, to which it looked for authority, was repealed by the adoption of the home rule charter in so far as it authorized both
In, the language of the memorandum of the learned trial court: “We are finally brought to this result: That the amended charter of 1891 authorized both fine and imprisonment, and therefore authorized the 1898 ordinance imposing- both; that for the constitutional reasons suggested in State v. West, 42 Minn. 147, 43 N. W. 845, the legislation was invalid; and that this invalid and unconstitutional legislation was not made valid or effective by the adoption of the home rule charter, or carried into the general body of - valid municipal law under the new charter.”
Affirmed.