Application of Martin

OPINION

By the Court,

Thompson, J.;

Emergency Ordinances Nos. 62 and 81 of the City of Wells prohibit the delivery of gasoline, within limited areas of the city, into underground storage tanks of service stations and garages from a truck or truckwagon vehicle having a capacity in excess of 2000 gallons plus ten percent tolerance. The ordinances do not apply to aboveground bulk storage tanks. Purportedly, they were enacted to decrease the danger of fire and thus promote public safety. The petitioner was arrested for violating the ordinances and, by this original proceeding for a writ of habeas…