| Show HABEAS CORPUS JUDGE PRESENTS rit POINTS OF RAW JAW IN CHAMBERS the case of the city vs edna dicon DiKon et al arrested on the charge of keeping a house bouse of ill lame fame was brouzas up before judge boreman Bore naan in chambers this afternoon at aie ur rd moyle for the city stated that he relied mostly upon previously entea in a similar case and gave way to judge mcbride who proceeded to call attention to the fact that the ordinance had bad been changed as to the puni ciment and then read the police complaint and the ordinance under which it was drawn jud ge mcbride then claimed that the ordinance was void because there was wa and is a statute on the same subject the ordinance being an exact copy the penalty provided by ordinance is less than that of the statute and has to that extent nullified the statute ot of the territory AL offense cannot be punished by different penalties no matter what its designation A city cannot make up a code of its own and assume jurisdiction over offenses provided for by statute sta tilte the territory should punish punisa first because if the city punishes first arst the territory can come in after and punish again so tuat that when such proceedings ce edings are brought they should be in the name of the higher authority the city has no more authority than the attorney on the other side has to brins such actions in its own name it matters not that this is an offense abai the tha ordean cey ces of salt lake cit city it is an off hoffne offne ne against the people 0 of the tuey are superior che sovereignty of the tae city being derived irom from peoples representatives in the LeFi legislature slature these cases are not nol leforc a justice of the peace of salt lake city but before beffre a justice of the peace of salt isalt like lake county there is no such thing as a justice ol of the peace of salt lake city and the judge then quoted the statute which provides that all criminal actions must be cum com fenced in the name of the territory he cited a nebraska case came in support 0 of his bis proposition showing that proceedings ins of this kind should be in the named name of the people thero there is no such thing as police courts here they are justices justic ebl courts andi their process muse run in the name of of the people of the state or territory all criminal proceedings in utah must run in the name of the people thereof because there is no sovereignty elsewhere wherever criminal proceedings are instituted by complaint they must be in the name of the sovereign authority and there cannot be two tuce authorities one punishing one way knottier another way the two jurisdictions are in conflict therefore the lesser must give way and its proceedings are void to ti invest a so called police court with conclusive authority which belongs to proceedings in the name of the people is to set aside a territorial statute ani and cannot be maintained the ordinance is void because ot of the t conflict the city council having gone to the same extent that the legislature alone is authorized to and further because the council seeks to change the rule of evidence in such cases as for example were nere hearsay of replication being received as conclusive the jul jadw c objected to th attus process because ot of chency ci ency that style of plea pleading dlug is bad because it is fly entitled enett 1 the legislature cannot confer ty which it does cot possess an ordinance is not a lawaan mast be proved the ordinance must be presen presented tedas as part of the evidence an accused person is not supposed to be informed of an ordinance unless it is made a part of the complaint the territory territory Terri tor has no right to make a statute whig which abridges the defendants ri right to know exactly of what he be hochu ed but the ordinances do not come cime within within such rule and they are merely so much literature to be proved they are merel merely y bylaws by laws and must be pleaded T the L legislature egi slature might as well dispense with a complaint altogether A case care cannot be proved without being stated the prosecuting witness simply states a conclusion of law saying that defendant has violated an ordinance of this city and such a complaint cannot stand at p m when our reporter left judge mcbride was still r speaking peaking |
