People v. Jobs

• Decision Date: 01 October 1884
• Parties: PEOPLE ex rel. v. JOBS.
• Court: Colorado Supreme Court

4 P. 798

7 Colo. 475

PEOPLE ex rel. v. JOBS.

Supreme Court of Colorado

October 1, 1884

Error to Clear Creek district court.

W T. Hughes and L. C. Rockwell, for plaintiff in error.

R S. Morrison, for defendant in error.

HELM J.

The demurrer in this case was properly sustained. Under the legislative enactments existing, of which court takes judicial notice, the complaint does not state a cause of action. The charter of Georgetown became a law prior to the adoption of the constitution. So far, therefore, as not inconsistent with the latter instrument, this charter remained in force after the adoption thereof. The fact that it is local or special legislation does not, under the circumstances, affect its validity. People v. Commissioners Grand Co. 6 Colo. 202. Relator claims that the declaration in this charter, clothing the police judge of Georgetown with power to act as a justice of the peace for the entire precinct, is void. He argues that it is inconsistent with one of the constitutional provisions relating to justices of the peace. The correctness of relator's position might be conceded. For the purposes of this case, however, it is unnecessary to decide the question. If we assume that he is right, it by no means follows that the charter is void wherein it created the office of police judge and clothes him with power to dispose of cases arising under the town ordinances. The two offices and jurisdictions are entirely distinct; the provisions relating thereto are in no way dependent upon each other. The principal purpose of the legislature, unquestionably, was to create the office of police judge and give the person elected thereto power to punish for violations of the town ordinances. Thus far the provision is not in the slightest degree inconsistent with the constitution; on the contrary that instrument authorizes the creation of this office. See article 6, § 1. Since, therefore, the objection of special legislation is not good, so far the charter provision under consideration is perfectly valid. The addition thereto of a clause authorizing the police judge to fill the office and perform the duties of justice of the peace would not, even if such extension of power were obnoxious to the constitution render the whole section void; such addition might be regarded as surplusage. This is clearly one of those cases where the valid enactment does not fall with the void provision, if such there be...