Ex Parte, Graham

MORROW, Presiding Judge.

This is an appeal from the order of the court refusing to discharge the relator on a habeas corpus hearing.

The question involved is the power of the city of Matador, by ordinance, to declare one guilty of a panel offense who, being the owner and custodian of any chicken or other fowl, shall permit them to run at large within the corporate limits. The city of Matador was incorporated under the general provisions applying to cities and towns in Title 22 of the Revised Civil Statutes of 1911.

As supporting the ordinance, reference has been made to Articles 764, 859, and…