In Re Shaw

California Court of Appeal Apr 6, 1939 No. Crim. 3207Published

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Holding. The court held that the prosecution of crimes defined by state law is not a municipal affair, and therefore a city charter cannot supersede or suspend the operation of general state penal laws.

Issues

Whether the acts charged constituted a strictly municipal affair under the Los Angeles city charter.
Whether a city charter can supersede or suspend the operation of general state laws punishing crime.

Disposition. Writ denied.

Quotations verified verbatim against the opinion

“It is a novel doctrine that the legislature may empower a city, by its charter, to suspend the operation of general laws punishing crime.”

“Neither the judicial system nor the matter of jurisdiction over crimes may be classified as “municipal affairs”.”

THE COURT.

This is a petition for writ of

habeas corpus

on behalf of the two applicants, who were convicted of a violation of the provisions of section 113 of the Penal Code of this state. This petition is based upon the claim that the freeholders’ charter of the city of Los Angeles has super

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seeled such section 113 of the Penal Code, in that section 118 of article IX of said charter (Stats. 1925, p. 1068) provides as follows:

“Any officer or other person who shall wilfully or corruptly, by himself or in co-operation with one or more other persons, defeat, deceive or obstruct any person in respect to his or her right of examination, or corruptly or falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or wilfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined, of being employed, appointed or promoted, shall be guilty of a misdemeanor and punishable therefor.”

However, section 6, of article XI of the Constitution, as amended November 3, 1914, provides, among other things, as follows: “Cities and towns hereafter organized under charters framed and adopted by authority of this Constitution are hereby empowered, and cities and towns heretofore organized by authority of this Constitution may amend their charters in the manner authorized by this Constitution so as to become likewise empowered hereunder,

to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters, and in respect to other matters they shall be subject to and controlled by general laws.”

(Emphasis added.)

Section 8, of article XI of the Constitution, as amended November 3, 1936, provides in part as follows: “It shall be competent in any charter framed under the authority of this section to provide that the municipality governed thereunder

In Re Shaw

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THE COURT.

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