Bancroft-Whitney Co. v. Payne

RICHARDS, J.

The petitioner herein applies for a writ of mandate to be directed to the respondent herein in his capacity as county auditor of the county of Los Angeles, commanding him to audit and approve the petitioner’s claim and demand for a certain sum of money claimed to be due and payable to said petitioner as the purchase price of certain property sold and delivered to the county of Los Angeles pursuant to an order of the board of supervisors thereof, directing the purchasing agent of said county to procure and furnish certain sets of DBering’s Codes of California for the use of the municipal court established by an ordinance of the city council of the city of Los Angeles, approved August 26, 1925, published September 2, 1925, and which became effective on October 2, 1925, and by virtue of which it was provided that said municipal court should begin to function on December 1, 1925. It is for the purchase of said property pursuant to said order for such purpose that the petitioner herein demands payment and for which it seeks the issuance of the writ prayed for herein. It is stipulated by the parties hereto that the facts set forth in the petitioner’s said application are true.

The sole question presented for our consideration in this proceeding is as to- whether or not the city of Los Angeles has, by proper and legal procedure, established a municipal court in that city which can begin to function as such court on December 1, 1925. Section 8% of article XI of the state constitution provides in part as follows: It shall be competent for cities in their charters to provide:

[553]

“1. For the . . . establishment, constitution, regulation, government and jurisdiction of municipal courts and judges thereof, with such civil, criminal and magisterial jurisdiction as by law may be conferred upon inferior courts and judges thereof ”;

Section 1 of article VI of said constitution, as amended in 1924, provides in part as follows:

“The judicial power of the state shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts, such municipal courts as may be established in any city or city and county, and such inferior courts as the legislature may establish in any incorporated city or town, township, county or city and county. (Amendment adopted November 4, 1924.)”