Territory of Washington County of Spokane} ss
In re application of Frankie Sutzinger, to Hon. Geo. M. Turner Judge of Fourth Judicial District of said Territory for writ of Habeas Corpus against James Glispen.
To Hon. Geo. Turner, Judge of Fourth Judicial District, of said Territory:-
Your petitioner Frankie Sitzinger of the city of Spokane Falls, in said county and Territory, respectfully represents to your honor that she is illegally restrained of her liberty, by one James Glispen, marshal of said city of Spokane Falls, in said city and Territory; that the cause and pretense of said restraint is an order of committment issued by J. J. L. Peel one of the Justices of the Peace in and for said County and Territory, and delivered to said Glispen commanding him that he take and commit to the city jail of said city, your petitioner, until she should pay a certain judgement rendered against her by said Justice in favor of the said city for
the sum of twenty five dollars and into of writ on the 10th day of November A.D. 1885.
Your petitioner further represents
that said judgement was rendered
by said Justice of the Peace upon
the following process and proceedings
and none other, to wit:
On the 23rd day of November A.D.
1885, one R.J. Rusk filed with
said Justice a certain affidavit in
words and figures, following, to wit:
Territory of Washington
County of Spokane
City of Spokane Falls} ss
R. J. Rusk, being duly sworn on his oath complains, that at the city of Spokane Falls, Spokane County, Territory of Washington, on the 21. day of November 1885, Frankie Switzinger did wilfully, unlawfully & maliciously keep a house within the limits of the city of Spokane Falls in which other persons smoke or inhale opium contrary to the provisions and in violation of an ordinance of said city, entitled, "an ordinance prohibiting the smoking or inhaling
or inhaling of opium — passed by the city council Sept 9th 1885 and against the peace & dignity of the city of Spokane Falls and of the Territory of Washington. "R.J. Rusk"
Subscribed & sworn to
before me Nov. 23 1885
J.J. L. Peel
Justice of the Peace
Whereupon and on said date said
Justice served a warrant, to said
R.J. Rusk for the arrest of your
petitioner to answer to said charge,
and thereafter and on to wit the
[?]
27th day of November A.D. 1885
said City Marshall James Glispen
returned with said warrant to said
Justice that he had arrested said defendant
under said warrant and had
her there in court.
That the further hearing of said matter was by said Justices postponed until the 10th day of December A.D. 1885 at the hour of ten o'clock A.M.
That on said date defendant moved the court to discharge her for the reasons that said Justice had no Jurisdiction to issue said warrant and that the same was wholly void and
that said Justice had no authority or Jurisdiction to retain defendant in custody.
That said motion was overruled and
said Justice then proceeded to examine
your petitioner as to the affidavit
aforesaid and matters and things
set out in said affidavit; and
amongst other evidence heard by
said justice was the pretended ordinance of
said city hereafter referred to and
a copy whereof is hereinafter set
out; to the consideration of which
ordinance defendant then and there
objected; that thereafter and on the
10th day of December A.D. 1885
said Justices sentenced your petitioner
to pay a fine of twenty-five dollars
and costs of said proceeding as
hereinbefore mentioned, and to
stand committed until the same
is paid; upon which said judgement
the commitment heretofor mentioned
was issued.
Your petitioner further represents that the pretendedordinance of said city of Spokane Falls above mentioned and which was referred to in the affidavit
aforementioned of R.J. Rusk and which was considered by said Justices in said hearing is in words and figures following to wit:
An ordinance prohibiting the smoking or inhaling of opium.
Be it ordained by the City of Spokane Falls.
Sec. 1 No person or persons shall keep a house, cellar or place within the limits of the city of Spokane Falls, in which such person or persons or any other person or persons smoke or inhale opium.
Sec. 2- No person or persons shall smoke or inhale opium in any such house, cellar or place or visit such house, cellar or place for the purpose of smoking or inhaling opium.
Sec. 3- Any person or persons violating
any of the provisions of this ordinance
shall be deemed guilty of this a
misdemeanor and upon conviction
thereof shall be prohibited by fine in
any sum not exceeding one
hundred dollars.
Sec. 4- This ordinance shall take affect and be in force from and after its passage and publication.
Passed the City Council Sept. 9 1885
Approved Sept. 9 1885
Attest J.C. Hanna
City Clerk
A.M. Cannon
Mayor
Which said pretended ordinance was certified by the city clerk to have been properly passed by the city council and to have been published in Spokane Evening Review on Sept. 10 1885.
Your petitioner further represents to your honor, that said restraint is illegal for the following reasons
1- said Justice had no jurisdiction to issue the aforesaid warrant and the same was wholly void, for the reason that no summons was issued by said Justice at the time of or before the issuing of said warrant, and the said Justice for the same reason had no jurisdiction to render any judgement whatever against your petitioner.
2- That said complaint states no
offense under said pretended ordinance for and any judgement thereupon
rendered is void.
3- That said pretended ordinance
is wholly void, for the reason that
said city council had no authority
under this charter to pass
[?]
the same on any ordinance
on the matter of opium smoking
or inhaling or keeping a house
therefor.
Wherefore your petitioner prays that a writ of Habeas Corpus may be issued by the clerk of your Honor's Court, commanding said Glispen to bring your petitioner before your honor, that the cause of her restraint may be inquired into, and she released therefrom, if the same be found illegal.
Frankie Switzinger
By W.M. Murray and
F.H. Graves
her Attys.
Territory of Washington County of Spokane} ss
F. H. Graves being first duly sworn on his oath stated that he is one of the attorneys for the within named petitioner and that he makes this affidavit on her behalf; that he has read the foregoing petition, knows the contents thereof and believes the same to be true.
F. H. Graves
Subscribed and sworn to before
me this 12th day of Dec. 1885
George Turner
Associate Justice &c.
To the Clerk of the District Court, Let the writ issue as proved in the petition returned before me at Chambers at Spokane Falls W.T. on Monday Dec. 14th 1885 at 10 o'clock A.M.
George Turner Associate justice & c.
Filed Dec. 12, 1885
D.A. Clements
Clerk
