Buise v. Barklage

Stanley, Commissioner

Issuing writ.

Tbe petition against J. H. Barklage, Police Judge of the- Town of Eubank, seeks a writ of prohibiting the respondent from trying the petitioner, Oscar Buise, *309fining and committing him to jail in default of payment upon a charge of breach of the peace under a void ordinance. A temporary writ immediately issued and respondent directed it to make defense. He has filed a general demurrer but has not favored us with a brief.

The ordinance passed by the Board of Trustees of Eubank in June of 1945 provided a penalty for the offense of breach of the peace committed in…