The Recall in Colorado and to the real technical mind raising some doubt as to whether or not we now have any justices of the peace, for the last clause of the sentence reads: "any such other courts as may be pro vided by law," or, "as have heretofore been provided by law," or "as are now existing under the sanction of the law." We assume that, for the stability of our judiciary, and the preservation of rights now involved and the maintenance of our Court of Appeals, if this particular question is presented, the Court of Last Resort will probably say that the voter had in mind the courts now in existence, which are purely creatures of statute, and intended to continue them as a part of the judicial power of the state; yet the question is not free from doubt, particularly in its application to justices of the peace. For the query arises: Has the Court of Justice of the Peace been created by law, that is, by act of the legislature? It has been unnecessary, up to the time of the enactment of the amendment in ques tion, to create it by law, as it thereto fore existed perforce the constitution; and, if it had not been theretofore created by law, then was it in contem plation of the electorate in adopting this amendment, save to destroy it by such amendment? A perusal of the statutes on this subject will increase rather than dispel the doubt. The Territorial legislature, in 1868, speaking on this subject (page 188, Section 1, R. S. 1868), uses language which might signify or be interpreted to mean the creation of the Court of Justice of the Peace. It is: "There shall be in each township organized by the Board of County Commissioners of any County two justices of the peace, . . . one justice . . . to be elected annually on the day which may be fixed by law." But in the first Act upon
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this subject, after the adoption of the constitution, the legislature, evidently recognizing the existence of the court perforce the constitution, uses the lan guage: "The Boards of County Com missioners of the several counties in this state shall, at their July meeting, next after the passage of this Act, divide their respective counties into as many Justice precincts as the necessities of the county may require ..." (Gen eral Laws of '77, Section 551). This language evidently does not create the office, but merely lodges the power with the board to define the territorial limits within which the office shall operate. So to the casual reader it would appear that unless some industrious person can put his finger on the law creating the office of Justice of the Peace, we now have none. The next thing the new amendment does, after destroying justice of the peace courts, is to create for counties, or cities and counties having in excess of a certain population, to wit 100,000, a new court for the trial of all offenses con cerning or involving minors, with ex clusive jurisdiction. Query: From the jurisdiction thus fixed, if an octogenarian should murder an infant, would the Dis trict Court of the City and County of Denver have jurisdiction to try him on the charge of murder? The language of the constitution on the subject is as follows: "In counties, and cities and counties, having a popu lation exceeding one hundred thousand, an exclusive, original jurisdiction in cases involving minors, and persons whose offenses concern minors, may be vested in a separate court now or hereafter established by law." Possibly, as this jurisdiction is permissive only, it will be operative only when the legislature declares it shall be so lodged, and not otherwise.
