Ex Parte Steinmetz

This brings us to a consideration of the precise point of distinction between the Common Law jurisdiction over crimes and the Constitutional and Statutory jurisdiction of our State. The Constitution creates judicial power but does not prescribe any jurisdiction in criminal, matters. There can be no judicial power without jurisdiction. If the jurisdiction prescribed by Statute excludes all judicial power exercised by the Judiciary in criminal cases, then the question arises, how can any inherent power be exercised in disregard to statutory penalty and regulations concerning the assessment…