United States v. West
United States v. West
Opinion of the Court
delivered the opinion of the Court:
The various acts,, of Congress creating and conferring, jurisdiction upon the juvenile court of the District of Columbia are concisely and clearly enumerated and interpreted in the opinion of Mr. Justice McComas in Moss v. United States, 29 App. D. C. 188. It will be found from a review of the statutes that the juvenile court is one of special, limited jurisdiction. Its jurisdiction .is confined to a single branch of criminal jurisprudence. It has ■ alone to do with the punishment and protec-: tion of children. Incidental to that end, it has jurisdiction concurrent- with the criminal courts of the District of Columbia undér-the act of Congress of March 3, 1901 [31 Stat. at L. 1095, chap. 847], to impose and enforce certain restrictions and requirements upon parents respecting their duty to maintain and support their minor children; but nowhere does the jurisdiction extend to matters relating to the duties of husband and wife toward each other.
It is clear that, prior to the act of March 23, 1906 [34 Stat. át L. 86, chap. 1131], the juvenile court would have had no jurisdiction in the case at bar. That act provides two things; It makes it a-criminal offense for a. husband to fail to support his wife “in destitute and. necessitous circumstances.” It also' makes it a. criminal offense for “any person who shall, without just excuse,- desert or- wilfully-neglect or refuse to provide for the support- and maintenancé of his or her minor children under: the age. of sixteen years in destitute or necessitous circhm: stances.!’ .The ease at bar comes under the former provision.: It will be. observed that Congress here creates a new criminal' offense, punishable within the District of Columbia. We can: pass by without opinion the alleged repealing ■ effect, upon the act of-1901, supra, of that portion of the.statute relating to the',
The mere fact that the statutory right is afforded a litigant in the juvenile court to come to this court by writ of érror does
As to the power of the supreme court to direct a writ of cer-, tiorari to the juvenile court, there can be no doubt. The- supreme court being the only court in the District with general common-law jurisdiction, it is analogous to the court of King’s bench, having supervisory control over all inferior tribunals within the territorial limits of its jurisdiction. When the juvenile court usurps the jurisdiction vested in the supreme court, some adequate means must be afforded to enable the supreme court to assume jurisdiction of the case. The only way that court can ascertain whether the case is one within its. jurisdiction is by an examination of the record and proceedings in the juvenile court. This record can only be obtained through the agency of the writ of certiorari. This writ, by long-established custom and legal usage is appropriate to review the proceedings of a subordinate, inferior tribunal which has proceeded, or is proceeding, to judgment without jurisdiction. Bates v. District of Columbia, 1 MacArth. 433. But it is insisted that the juvenile court is not an inferior court to the supreme court of the District of Columbia. The term “inferior court” has acquired a well-defined meaning in English jurisprudence. It may be applied to any court that is either placed under the supervisory or appellate control of another, or to a court where the jurisdiction conferred upon it is limited and confined to special subjects or branches of the law. State v. Daniels, 66 Mo. 192; Bailey v. Winn, 113 Mo. 155, 20 S. W. 21. The juvenile court of the District clearly belongs to the latter class.
We conclude, therefore, that the juvenile court was totally without jurisdiction to inquire into the charge preferred against the appellee; that it-is an inferior court of special, limited jurisdiction, and that the writ of certiorari was properly issued by the supreme court of the District. The judgment is affirmed, and it is so ordered. , Affirmed..
Reference
- Full Case Name
- UNITED STATES v. WEST
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- Syllabus
- Statutes; Coubts; Juvenile Coubt; Cebtiobabi. 1. Congress may create by the same statute two separate crimes, punishable in different courts within the same jurisdiction. 2. The supreme court of the District of Columbia will not be deprived of its common-law jurisdiction of civil and criminal matters by mere implication, especially if the jurisdiction thus sought to be taken away would have to be conferred by implication upon an inferior court of special, limited jurisdiction. 3. When Congress provides for this District a new civil remedy or creates a new criminal offense, without placing the jurisdiction in a special court,—unless it comes within the limited class of civil and criminal matters of which the inferior courts of the District are vested with special jurisdiction,—it must belong to the supreme court of the District of Columbia. 4. Whether or not under the act of Congress of March 23, 1906 (34 Stat. at L. 86, chap. 1131), making it a criminal offense in this District . for a parent to wilfully neglect to support his or her minor child, and also making it a criminal offense for ‘a husband to fail to support his wife, but which does not provide in what court of the District offenders shall be prosecuted, the juvenile court has jurisdiction in those cases relating to minors; it has no jurisdiction in those cases relating to husband and wife; and if .it enters a judgment requiring a husband to pay money for the support of his wife, the judgment is void and may be attacked, either directly or collaterally. 6. While certiorari will not lie where there is concurrent jurisdiction, it will lie where the inferior court has proceeded wthout any jurisdiction whatever. 6. Because an unsuccessful party in the lower court had, but did liot exercise, the right of appeal to this court, he is not thereby necessarily deprived of the right to the writ of certiorari. . Where the inferior court has proceeded without jurisdiction, such writ can be substituted for an appeal'. 7. The term “inferior court” may be applied to any court that is either placed under the supervisory or appellate control of another court, or to a court where the jurisdiction conferred upon it is limited and cpnfined to special subjects or branches of the law. 8,. The juvenile court of the District of Columbia is an inferior court of special, limited jurisdiction. . 9. Certiorari lies from the supreme court of the District of Columbia to the juvenile court of the District, where the latter court is proceeding or has proceeded to judgment in a case of which the former court has exclusive jurisdiction.