State of v. Hagimori

Citations

• 57 Wash. 623
• 107 P. 855
• 1910 Wash. LEXIS 808

Syllabus

<p>Municipal Corporations — Powers — Penal Ordinances — Conflict with State Laws. An ordinance providing a punishment for leasing a gambling house by fine not exceeding $300, or imprisonment not exceeding three months, is within the powers of a city of.the third class, notwithstanding a state law on the same subject (Rem. & Bal. Code, § 2925) authorizing a fine for substantially the same act in a sum not exceeding $100, in view of Rem. & Bal. Code, § 7685, authorizing the city to pass ordinances not in conflict with the laws of the state and to impose fines and penalties for the violation of ordinances not exceeding $300, or three months imprisonment.</p> <p>Criminal Law — Justice of the Peace — Jurisdiction—Ordinance —Violation—Statutes—Amendment. Under Laws of 1901, p. 34, ch. 35 (which amended Bal. Code, § 4683), providing that the jurisdiction of justices of the peace over misdemeanors shall be concurrent with the superior courts except that the fine shall in no event exceed $100, and adding at the end of the section that justices shall have jurisdiction over all criminal cases coming under any city ordinance, a justice of the peace is not limited to a fine of $100 in cases coming under city ordinances, especially in view of the fact that the act of 1901 simply amended Bal. Code, § 4683 by omitting therefrom an express limitation to that effect.</p> <p>Same — Trenching Upon Superior Court — Constitutional Law. An act conferring upon justices of the peace jurisdiction to impose a fine not exceeding $300 for violation of a city ordinance against the lessor of a gambling house, when the state law on the same subject limited the superior courts to a fine of $100, does not trench upon the jurisdiction of the superior courts, in violation of Const., art. 4, § 10, in view of Const., art. 4, § 6, conferring jurisdiction upon justices in all cases of misdemeanors not otherwise provided by law.</p> <p>Criminal Law — Appeals —’Jurisdiction —• Trial De Novo — New Sentence.