City of Garden City v. Legg

The opinion of the court was delivered by

Harvey, J.:

The only legal question presented by this appeal is whether a city of the second class has authority to enact an ordinance making drunkenness at any place within the city an offense and providing punishment therefor. We have a state statute (R. S.' 21-2128) which reads:

“If any person shall be drunk in any highway, street, or in .any public place or building, .or if any person shall be drunk in his own house, or any private building or place, disturbing his family or others, he shall be deemed guilty of a misdemeanor.”

Under this statute…