County of Los Angeles v. Superior Court

This is an original proceeding in prohibition to restrain the enforcement of an order made by the respondent on November 14, 1891, as judge of the superior court of Los Angeles County, in the following terms:—

The only question to be decided is one of authority. Did the respondent have jurisdiction to make this par *382 ticular order? Section 144 of the Code of Civil Procedure is the only provision of law from which such a power can be derived. It reads as follows: “If suitable rooms for holding the superior courts and the chambers of the judges of said courts be not provided in any city and county, or county, by the supervisors thereof, together with the attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business, the courts, or the judge or judges thereof, may direct the sheriff of the city and county, or county, to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses incurred, certified by the judge or judges to be correct, shall be a charge against the city and county treasury, and paid out of the general fund thereof.”

The facts disclosed by the uncontradicted allegations of the petition, and by the…