State ex rel. Lytle v. Commissioners of Douglas County

• Decision Date: 06 January 1886
• Parties: THE STATE, EX REL. JOHN LYTLE, v. COMMISSIONERS OF DOUGLAS COUNTY
• Court: Nebraska Supreme Court

26 N.W. 315

18 Neb. 506

THE STATE, EX REL. JOHN LYTLE, v. COMMISSIONERS OF DOUGLAS COUNTY

Supreme Court of Nebraska

January 6, 1886

ORIGINAL application for mandamus.

Writ denied.

Patrick O'Hawes, for relator.

No appearance for respondent.

OPINION

MAXWELL, J.

This is an application for a mandamus to compel the county commissioners of Douglas county "forthwith to call an election for the city of Omaha, for the purpose of electing two justices of the peace for each precinct in said city." The application was filed and submitted on the 29th of October, 1885, the day of election being the 3d of November thereafter.

The relator alleges that he is an elector of the city of Omaha that in October, 1869, the board of county commissioners of Douglas county divided said city of Omaha into six precincts numbered respectively one, two, three, four, five, and six which precincts as thus constituted still exist; that under the statute of 1879 each of said precincts is entitled to elect two justices of the peace, making twelve in all for said city; that by an act approved March 5th, 1885, it was provided that in cities of the first-class, which includes Omaha, but three justices of the peace shall be elected in and for such city and no more; that by virtue of said act the defendants "were required to divide said six precincts constituting the city of Omaha into three districts for the purpose of and intending thereby to decrease the number of justices of the peace in said Omaha to the number of three, which said defendants, as their duty was, proceeded to do," etc.; that so much of the statute above referred to as relates to justices of the peace is contrary to and in derogation of the constitution of the state, section 15 of Art. X. of which provides, that the legislature shall not pass local or special laws "regulating county and township officers, providing for the election of officers in townships, incorporated towns and cities," and "in all other cases where a general law can be made applicable, no special law shall be enacted." Also section 19, Art. VI., which provides, "that all laws relating to courts shall be general and of uniform operation, and the organization of such courts severally shall be uniform." It will be seen that the questions presented in this case are very important, involving as they do the validity of an act reducing the number of justices of the peace in Omaha. Such...