Ex parte Whitehouse

• Decision Date: 18 October 1909
• Citation: 104 P. 372,3 Okla.Crim. 97,1909 OK CR 131
• Parties: Ex parte WHITEHOUSE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

104 P. 372

3 Okla.Crim. 97, 1909 OK CR 131

Ex parte WHITEHOUSE.

Court of Criminal Appeals of Oklahoma

October 18, 1909

Syllabus by the Court.

Section 2 of the act of the Legislature (Sess. Laws 1909, p. 181, c 14, art. 7) establishing county superior courts in giving to such court concurrent jurisdiction with the county court in all criminal matters is not in conflict with section 12, art 7, Const. Okl.

Original petition by Carson Whitehouse for writ of habeas corpus. Writ denied.

J. G Harley, Wallace Wilkinson, and Guy L. Andrews, for petitioner.

Chas West, Atty. Gen., and Chas. L. Moore, Asst. Atty. Gen., for respondent.

OWEN J. (after stating the facts as above).

The petition in this case presents one question only; that is, the jurisdiction of the superior court in criminal cases. The contention is made that the act (Laws 1909, p. 181, c. 14, art. 7) giving to the superior court concurrent jurisdiction with the county court in all criminal matters is unconstitutional, and that the superior court cannot exercise jurisdiction in criminal cases of which the county court has jurisdiction. That part of the act necessary to copy here is as follows:

"Section 1. There is hereby created and established in every county in this state having a population of thirty thousand (30,000) or more, and having a city therein with eight thousand (8,000) or more, as now or hereafter shown by the last federal census, a court of civil and criminal jurisdiction co-extensive with the county, to be known as the superior court of such county, which shall be a court of record, and the said superior court shall be held in the largest city of such county.

"Sec. 2. Every such court shall have and exercise concurrent jurisdiction with the district court, in all proceedings, causes or matters, and concurrent jurisdiction with the county court in all civil and criminal matters, except matters of probate."

It is contended that section 2 of this act is in conflict with section 12, art. 7, Const. Okl.; that section 12 gives to the county court exclusive jurisdiction of misdemeanor cases of which justices of the peace have not jurisdiction. The views of counsel for petitioner have been urged with great force, and, on a casual reading of the Constitution, as printed in Bunn's Annotated Edition, one may be constrained to take the view as presented by counsel; but a more careful examination of the manuscript copy of the Constitution on file in the office of the Secretary of State will disclose the error. We find on examination of the manuscript copy that the form as to paragraphing and subheads, as appears in Bunn's Annotated Edition, does not appear in the original copy. In the original copy section 12 appears as one paragraph. We are not to be understood as criticising the arrangement into paragraphs and subheads by Mr. Bunn, but, in arriving at the conclusions we have in this case, we construe this entire section together, and as it appears in the original copy of the Constitution. The section, as it appears in the original manuscript copy, is as follows: "Sec. 12. The county court, coextensive with the county, shall have original jurisdiction in all probate matters, and until otherwise provided by law, shall have concurrent jurisdiction with the district court in civil cases in any amount not exceeding one thousand dollars, exclusive of interest: Provided, that the county court shall not have jurisdiction in any action for malicious prosecution, or in any action for divorce or alimony, or in any action against officers for misconduct in office, or in actions for slander or libel, or in actions for the specific performance of contracts for the sale of real estate, or in any matter wherein the title or boundaries of land may be in dispute or called in question; nor to order or decree the partition or sale of real estate, not arising under its probate jurisdiction. It shall have such appellate jurisdiction of the judgments of justices of the peace in civil and criminal cases as may be provided by law, or in this Constitution. The county court shall have jurisdiction concurrent with justices of the peace in misdemeanor cases, and exclusive jurisdiction in all misdemeanor cases of which justices of the peace have not jurisdiction. In the absence of the judge of the district court from the county, or in case of his disqualification for any reason, the county court, or judge thereof, shall have power to issue writs of injunction in matters about to be brought or pending in the district court; and to issue writs of injunction, mandamus, and all writs necessary to enforce the jurisdiction of the county courts; and issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the county court or any other court or tribunal inferior to said court. When the county judge is disqualified in any case pending in the county court, a judge pro tempore may be selected in the manner provided for the selection of judges pro tempore in the district court." This section must be construed as a whole, and it must be construed together with the other sections of the Constitution. The entire Constitution must be construed as a whole, and the language of this section must be construed so as to arrive at the meaning and intention of the framers of the Constitution and the people who adopted it, and at the same time preserve the general purpose and intention of the entire Constitution. It is a cardinal rule in the interpretation of a Constitution that the instrument must be so construed as to give effect to the intention of the people who adopted it, and this intention is to be sought by a construction of the entire instrument. The whole Constitution is to be examined in order to determine the meaning of any part, and the construction of any one section is to be such as to give effect to the entire instrument, and not to raise any conflict between its parts which can be avoided. And, in construing a statute with reference to the Constitution, the courts will not construe the statute so as to make it conflict with the Constitution, but rather will put such interpretation upon it as will avoid conflict if such construction be possible. Section 1, art. 7, Const. (section 169, Bunn's Ann. Ed.), is as follows: "The judicial power of this state shall be vested in the Senate, sitting as a court of impeachment, a Supreme Court, district courts, county courts, courts of justices of the peace, municipal courts, and such other courts, commissions or boards, inferior to the Supreme Court, as may be established by law." This section gives the Legislature the power to establish the superior courts, and the power given is unrestricted. There are no limitations in this section on the jurisdiction to be given to the inferior courts. The question arises: Is the sentence in section 12, art. 7, giving the county court exclusive jurisdiction in all misdemeanor cases of which justices of the peace have not jurisdiction, a limitation on the power of the Legislature as granted in section 1? If we look only to section 12, as it appears in the annotated edition of the Constitution, with its arrangement of paragraphs and sentences, our answer must be in the affirmative, or even if we look to the section as found in the original manuscript copy, and be governed strictly by the punctuation and arrangement of sentences, our answer might be the same. But a slight transposition of the sentences will easily authorize a different construction of this section. On careful reading of section 12, as it appears in the original copy, it will be conceded that that part of the section contained in the proviso, which excepts from the jurisdiction of the county court certain actions, need not be considered in construing that part fixing the jurisdiction. Neither is it necessary to construe that part of the section giving to the judge of the county court the jurisdiction of a district judge in certain cases. Then this section may be construed as though it appeared as follows: "Sec. 12. The county court, coextensive with the county, shall have original jurisdiction in all probate matters, and until otherwise provided by law, shall have concurrent jurisdiction with the district court in civil cases in any amount not exceeding one thousand dollars, exclusive of interest: it shall have such appellate jurisdiction of the judgments of justices of the peace in civil and criminal cases as may be provided by law, or in this Constitution. The county court shall have jurisdiction concurrent with justices of the peace in misdemeanor cases, and exclusive jurisdiction in all misdemeanor cases of which justices of the peace have not jurisdiction." It will be noticed that this section begins with the language, "The county court, coextensive with the county, shall have original jurisdiction in all probate matters, and until otherwise provided by law," etc.

The question arises: Does the phrase, "and until otherwise provided by law" qualify the clause, "the county court shall have jurisdiction concurrent with justices of the peace in misdemeanor cases, and exclusive jurisdiction in all misdemeanor cases of which justices of the peace have not jurisdiction," or does the phrase "and until otherwise provided by law" qualify only the succeeding clause, "shall have concurrent jurisdiction with the district court in civil cases in any amount not exceeding one thousand dollars, exclusive of interest"? It will be observed that a colon appears after the word "interest," and that a period appears between the words "Constitution" and "The," and it might be contended that the sentence, "the county court shall have jurisdiction concurrent with justices of the peace in misdemeanor cases, and exclusive jurisdiction...