City of Marysville v. Standard Oil Co.

PHILLIPS, District Judge.

I respectfully dissent from the majority opinion, and shall undertake to state my reasons therefor:

Section 7 of Ordinance No. 350 of the city of Marysville, the validity of which ordinance is here in question, provides: “This ordinance shall be in force 'and take effect from and after its publication in the official city paper.” It was published on October 11, 1923, and hence went into force and effect on that date.

Section 5 of this ordinance provides: “Any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction be adjudged…