County of Los Angeles v. Superior Court

The Court. This is an original proceeding in prohibition to restrain the enforcement of an order made by the respondent on November 14, 1891, as judge of the superior court of Los Angeles County, in the following terms:—

“ It appearing to the court that no suitable court-room for the holding of the sessions of this court in department 3, together with the chambers of the judge of said department, has been provided by the board of supervisors of Los Angeles County, together with the necessary furniture for the transaction of the business of this department; and it further appearing that the board of supervisors have provided certain rooms in the new court-house of said county for this department, which rooms are now in course of preparation and almost in a condition for occupancy; and it further appearing to the court that no provision has been made by the board of supervisors for the necessary furniture of said courtroom and chambers, and that some time will be consumed in preparing such furniture for said rooms in a fit and proper manner to render them available for the use of said department, beyond the time necessary to finish said court-room and chambers,—the sheriff of said county is hereby ordered and directed to provide such furniture as shall be necessary for the use of the court in the transaction of business for the court-room, judge’s chambers, jury-room, reporter’s room, and witness-room, lights and fuel, to be reported to the judge of this department. Wm. P. Wade,

“ Judge of Superior Court.”

The only question to be decided is one of authority. Did the respondent have jurisdiction to make this par[382]ticular order? Section 144 of the Code of Civil Procedure is the only provision of law from which such a power can be derived. It reads as follows: “If suitable rooms for holding the superior courts and the chambers of the judges of said courts be not provided in any city and county, or county, by the supervisors thereof, together with the attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business, the courts, or the judge or judges thereof, may direct the sheriff of the city and county, or county, to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses incurred, certified by the judge or judges to be correct, shall be a charge against the city and county treasury, and paid out of the general fund thereof.”

The facts disclosed by the uncontradicted allegations of the petition, and by the answer of the respondent, which, for the purposes of this decision, we assume to be true in every particular, are these: At the date of the order in question, the county of Los Angeles was engaged in the construction of a court-house, the third story of which was then, and is still, unfinished, the contractors having until February 20, 1892, to complete the same. The rooms and offices designed for the accommodation of department 3 of the superior court, of which respondent is the presiding judge, are in the unfinished part of the building. There has been unnecessary and unreasonable delay on the part of the board of supervisors in completing the building, and meantime department 3 is occupying quarters which are unwholesome, offensive, and otherwise unsuitable and insufficient. For the purposes of this decision we assume these to be the facts, and that a case exists which would justify the respondent in making such an order as is authorized by section 144 of the Code of Civil Procedure above quoted.