City of Montpelier v. Mills

Dissenting Opinion.

Jordan, J.

As I view this case, under the fa'ets disclosed by the record, I am of opinion that the judgment of the trial court, acquitting appellee of having violated the ordinance in controversy, should be affirmed. Therefore I dissent from the holding of the majority of the court.

*183It is certainly beyond dispute' that the part of section three of the ordinance hereinafter set out is invalid, for the reason that it is wholly unauthorized by §8655 Burns 1908, cl. 40, Acts 1905, p. 236, §53. The part thereof to which I refer requires that an applicant to the common council for…