394
The Green Bag
Justices of the peace were originally county officers. It was their mission to investigate and try treasons against
the peace and to inflict punishments therefor. Those who were law-breakers were not of their faith, but a better kind of criminal whom they either sent to prison or to a country more foreign. The ofiice of justice when created by the constitution is a constitutional one, and, whether so created or created by
statute, it is considered judicial in its nature, or rather both judicial and min isterial. Sometimes the office is also
diction, or forbidding local and special laws.
The legislature, however, cannot
delegate a power conferred upon it by the constitution. The law books hold and leading cases have decided that, while it is undoubtedly beyond the power of the legislature to abolish the ofiice of justiceof the peace,when created by the constitution, it may, where the constitution contains no limitation on the power of the legislature over the ofiice, make such regulations as to the number of justices, the mode of their
election, appointment or removal as it
political or legislative, as in cases where a justice of the peace is a member of the
may deem proper, although the effect of such regulations may be to abolish
legislative body of his county. The old system is losing its power gradually and modern ideas are pressing forward. An age of antiquity has given place to an age of close reasoning and organization. Unless such action as above mentioned violates some constitutional provision, it is entirely competent for the legis lature to invest other officials, such as mayors, aldermen, notaries-public, com missioners and the like, with the powers
the ofiice in particular instances. To be eligible to the ofiice of justice of the peace the candidate must be of the male
of justices of the peace.
sex, over the age of twenty-one years, a
citizen of the United States and of the state in which he seeks to hold office; a resident, and in some states an elector,
of the territorial subdivision in which he
seeks
election.
In
England
and
Canada a justice of the peace must have certain property qualifications. In Colo
Within their
rado a police magistrate must primarily
territorial limits such ex ofl'icio justices have the same jurisdiction as regularly
be a justice of the peace. In England and Canada justices are appointed to
elected or appointed justices of the peace. Where the constitution creates
oflice, but in the United States the office is generally an elective one, although
the ofiice, and provides for the election or appointment, number, term of ofiice and jurisdiction, all legislation affecting the oflice must conform to such consti tutional provisions. But where the con stitution confers on the legislature the
the constitutions and statutes of many of the states permit the appointment of
such ofi'icers, either generally or under certain circumstances. A justice's title to his office is shown usually by his com mission or election certificate.
power to create the ofifice, or to define
It must be observed that no provision
and regulate the powers, duties and
is made in a great many states for a.
jurisdiction, and to prescribe their num ber in the different territorial subdivi
high degree of legal ability. There is much criticism directed toward our jus
sions, or when it contains no restrictions on the subject, the legislature may make
tice court system today because so many cases are reversed on appeal. But how can you expect a farmer, merchant or business man to understand the adminis tration of law? And yet there are states
such regulations concerning the ofiice as it may see fit, subject to constitutional provisions requiring uniformity of j uris
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