Case Summary

On August 19, 1902. C.C. Smith went to trial before John F. Miller for violating a city ordinance defining the crime of being a disorderly person. Miller judged Smith guilty and sentenced him to a $50 fine, which Smith could not pay. Smith was thus kept in the King County jail. Smith, represented by attorney John C. Calhain, petitioned against his imprisonment, alleging that Miller did not have the legal authority to handle the case as Miller was not a legitimate police judge. The respondent, Chief of Police John Sullivan, and his counsel, attorney Ellis DeBruler, argued that Miller was made a temporary judge under the orders of Judge Thomas Humes. To which, they identity official paperwork by Judge Humes dated August 18, 1902. Judge Robert R. George, the current acting police judge and judge during the time of the proceedings, responded himself, stating that although he was on vacation for the days of August 18 and 19, that he remained within the city. He did not see any motive or reason for why he would need a temporary replacement. Judge Arthur Griffin heard Smith’s writ on August 26, 1902, and sided with Smith, granting his writ of habeas corpus. DeBruler filed a notice of appeal for the case September 8, 1902, with the motion to file an appeal on December 18, 1902.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Being a disorderly person

Outcome

Writ allowed

Fate of bound party

Released from custody

State

• Washington

People

• Smith, C. C. (petitioner)
• Smith, C. C. (bound party)
• Sullivan, John J. (respondent)
• Sullivan, John J. (holding party)
• Griffin, Arthur E. (judge)
• Calhain , John C. (petitioner attorney)
• De Bruler, Ellis (respondent attorney)

• Additional parties

  George, Robert R. (police judge)

  Holloway, George M. (clerk)

  Humes, Thomas J. (judge); Carroll, H. W. (deputy)

  Riplinger, John (City comptroller); Raymond, A. F. (deputy)