State v. Locker
Decision Date | 22 December 1915 |
Docket Number | No. 18975.,18975. |
Citation | 181 S.W. 1001 |
Parties | STATE ex rel. YORK, Asst. Pros. Atty., v. LOCKER, Probate Judge. |
Court | Missouri Supreme Court |
Walter Higbee, Pros. Atty., and Charles M. York, Asst. Pros. Atty., both of Lancaster (Higbee & Mills, of Lancaster, of counsel), for relator. Fogle & Fogle, of Lancaster, for respondent.
To give the respondent the benefit of all doubt, we adopt the statement of facts presented here by his able counsel. In the view that we now have, and long since have had, of the law, this statement of facts will suffice. It reads:
It should be added that, as one ground for the application to this court for the writ of prohibition, it is charged that the probate courts of the state are without constitutional authority to issue writs of habeas corpus, and that therefore sections 2441 and 2442, R. S. 1909, which purport to grant such authority, are unconstitutional and void. In our judgment, this contention is well founded, as we shall attempt to demonstrate in the opinion to follow. Other grounds are urged, but, if this be good, then the discussion of the others would be mere superfluity. This sufficiently states the case.
I. The question here involved is an interesting one. I first became interested in the course of my early practice. That sections 2441 and 2442, R. S. 1909, grant to probate courts, as courts of record, the power to grant writs of habeas corpus, must be conceded. We have also statutes authorizing a probate court to grant a temporary injunction. R. S. 1909, §§ 2512, 2513. In a series of cases of the Rich Hill Coal Mining Company against divers parties temporary writs of injunction were granted by the probate court of Bates county and the cases certified to the circuit court of said county for trial upon the question of a permanent injunction. These temporary writs were prepared by the local counsel for such mining company. In the circuit we moved to quash the preliminary injunctions on the sole ground that the probate court had no constitutional power to issue such a writ, and Hon. James H. Lay, then the circuit judge of the Twenty-Ninth circuit, sustained said motion. From that time on I have heard of no temporary injunction being granted by probate courts in that circuit. The question there involved is the question here involved. It is the simple question as to whether or not the Legislature can give to a court a power not contemplated by the constitutional provisions fixing the powers of such court. It is a general rule that the Legislature can neither add to nor substract from the constitutional powers of a court. In 11 Cyc. p. 706, it is said:
"The provisions of the Constitution may be such as to operate as an express restriction or limitation upon legislative authority in respect to matters of the character under consideration, and it is a general rule that the Legislature is powerless to interfere with the jurisdiction, functions, or judicial powers conferred by the Constitution upon a court, nor can it diminish, enlarge, transfer, or otherwise infringe upon the same, nor abolish, reorganize, divide, or consolidate such constitutional courts or judicial districts, especially so where the court has long been acquiesced in as permanent."
In State ex rel. Cave v. Tincher, 258 Mo. loc. cit. 17, 166 S. W. 1028, Ann. Cas. 1915D, 696, Walker J., said:
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Hines v. Hook, 33086.
...Sections 605, 606, 607, Revised Statutes, 1929, do not offend Sections 34, 35, Article VI, Constitution of Missouri. State v. Lochner, 181 S.W. 1001. (5) Section 607, Revised Statutes 1929, does not amend Section 436, Revised Statutes 1929, and is not in violation of Section 34, Article IV,......
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Hines v. Hook
...1028. (4) Sections 605, 606, 607, Revised Statutes, 1929, do not offend Sections 34, 35, Article VI, Constitution of Missouri. State v. Lochner, 181 S.W. 1001. (5) 607, Revised Statutes 1929, does not amend Section 436, Revised Statutes 1929, and is not in violation of Section 34, Article I......
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Missouri Electric Power v. City of Mountain Grove, 38630.
......1939, under which said injunction was granted, are constitutional. State ex rel. v. Locker, 266 Mo. 384, 181 S.W. 1001; State ex rel. v. McElroy, 309 Mo. 595, 274 S.W. 749; State ex rel. v. Corneli, 347 Mo. 1164, 152 S.W. ......