40 Minn. 63 | Minn. | 1889
The defendant was charged with the crime of selling liquor to an habitual drunkard. Upon trial before a city justice, whose jurisdiction was the same as that of án ordinary justice of the
1. The statute, (Laws 1887, c. 81, § 1,) under which this prosecution was had, prescribes as punishment for the offence a maximum fine of $100 and costs of prosecution, or imprisonment in the county jail not more than 90 days, or until the fine and costs are paid, not to exceed 90 days. By the constitution of the state, a justice of the peace cannot exercise jurisdiction in any criminal cause where the punishment shall exceed three months’ imprisonment or a fine of more than $100. So that it must stand admitted that, if the costs of prosecution are a part of the fine, a justice cannot take cognizance of this class of criminal offences, except as a committing magistrate. That part of this same section of our fundamental law relating to civil actions has been construed in Watson v. Ward, 27 Minn. 29, (6 N. W. Rep. 407,) wherein it was held that the words “amount in controversy” had reference to the subject of the litigation, and not to the costs, which are but incidental. There are several reasons for such conclusion, and for saying that the costs of prosecution in criminal causes are but a mere incident, and no part of the fine proper contemplated by the framers of the constitution. A cogent ground for such ruling is that the right of a justice to proceed in civil actions, where costs always accrue to the successful party, or in criminal cases, where by statute costs, follow a conviction, must be capable of determination at the outset of the proceeding, and not at its termination, which would invariably be the result if the jurisdiction could be permitted to depend upon the amount of costs which might accumulate during trial. To illustrate by the case at bar: The minimum fine is $25. If the costs had not exceeded $75, the justice could have safely .proceeded to final judgment. As they amounted to over $100, the justice lost, or perhaps, more strictly speaking, never had, jurisdiction. ,. .
2. Laws 1887, c. 6, § 2, prohibits the issuance of license to any person who has, within the 12 months immediately preceding an ap
The case is remanded to the district court for further proceedings.