No. 11,071.
THE STATE EX REL. MORERE ET AL. VS. JUDGE OF SECOND RECORDER'S COURT.
No. 11,072.
THE STATE EX REL. JEAN MURAT ET AL. VS. JUDGE OF FIRST RECORDER'S COURT.
1. Recorders in New Orleans are vested with power and jurisdiction to try and sentence violators of legal and valid city ordinances.
2. The defence that a city ordinance is illegal and unconstitutional does not impugn the power and jurisdiction of the recorder to hear and determine that and all other issues involved in the case. 'Art. S1 of the Constitution clearly recognizes the authority of the proper inferior tribunal to hear and determine cases in which "the constitutionality or legality of any fine, forfeiture or penalty by a municipal corporation shall be in contestation," and to decide all questions of " the law and the fact" arising therein, and provides an appropriate and sufficient remedy for errors in such decision by an appeal to this court.
3. In such cases the overruling of pleas arraigning the constitutionality and legality of the [ordinance proceeded under affords no ground for invoking our supervisory jurisdiction through the writ of prohibition. The proceeding must complete its course, and errors committed in that or any other respect must be corrected by the constitutional remedy of appeal.
