State v. Bird
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Appellant was convicted of a violation of ordinance No. 77 of tbe village of Post Falls. When tbe municipal authorities bave no power to make a municipal regulation, it is void, although tbe regulation in itself is reasonable, just and proper, and even necessary for tbe preservation of peace and good order. (Taylor v. District of Columbia, 24 App.
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APPEAL from tbe District Court of tbe Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Appellant was convicted of a violation of ordinance No. 77 of tbe village of Post Falls. When tbe municipal authorities bave no power to make a municipal regulation, it is void, although tbe regulation in itself is reasonable, just and proper, and even necessary for tbe preservation of peace and good order. (Taylor v. District of Columbia, 24 App. (D. C.) 392.) A municipality cannot pass an ordinance in tbe absence of express legislative authority which contravenes the law of the state,…
1Opinion of the CourtMorgan, J.
Appellant was convicted in the justice's court of Post Falls precinct, Kootenai county, of engaging in and carrying on the business of poolselling and bookmaking upon horseraces within the village of Post Falls without having first procured a license so to do, in violation of ordinance No. 77 of that village. He appealed to the district court, where, by agreement of the parties, the case was tried by the judge, without a jury, and was submitted upon oral and documentary evidence and upon a stipulation of the parties, wherein it was agreed as follows:
“That the above-named defendant was…
2Cases cited1 opinion
- Epperson v. HowellIdaho Supreme Court · 1916
3Cited by7 opinions
- In Re EdwardsIdaho Supreme Court · 1928
- Clyde Hess Distributing Co. v. Bonneville CountyIdaho Supreme Court · 1949
- State Water Conservation Board v. EnkingIdaho Supreme Court · 1936
- Utah Power & Light Co. v. PfostDistrict Court, D. Idaho · 1931
- State v. RomichIdaho Supreme Court · 1946
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