Wilson v. Eureka City
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. Section 12 of ordinance number 10 of Eureka City, Utah, provided as follows: “No person shall move any building or frame of any building, into or upon any of the public streets, lots or squares of the city, or cause the same to be upon, or otherwise to obstruct the free passage of the streets, without the written permission of the mayor, or president of the city council, or in their absence a councillor.
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ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. Section 12 of ordinance number 10 of Eureka City, Utah, provided as follows: “No person shall move any building or frame of any building, into or upon any of the public streets, lots or squares of the city, or cause the same to be upon, or otherwise to obstruct the free passage of the streets, without the written permission of the mayor, or president of the city council, or in their absence a councillor. A violation of this section shall on conviction, subject the offender to a fine of not to exceed twenty-five dollars.” The plaintiff in error…
1Opinion of the Court
Me. Justice McKeNNA,
after stating the case, delivered the . opinion of the court.
Whether the provisions of the charter, enabled the council to delegate any power to the mayor is not within our competency to decide. That is necessarily a state question, and we are confined to a consideration of whether the power conferred does or does not violate the Constitution of the United States.
It is contended that it does, because the ordinance commits the rights of the plaintiff in error to the unrestrained discretion of a single individual, and thereby, it is claimed, removes them from the domain of…
2Cases cited11 opinions
- Davis v. MassachusettsSupreme Court of the United States · 1897
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- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1886
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