City of Clearwater v. Bowman

The opinion of the court was delivered by

Mason, J.:

M. S. Bowman appeals from a conviction upon a charge of violating an ordinance of the city of Clearwater (a city of the third class) forbidding the maintenance of a public pool-table. But two questions are presented, each relating to the validity of the ordinance. The first objection made to it is that it provides a penalty of either fine or imprisonment, while the statute (Gen. Stat. 1901, § 1145) authorizes only the fine. The part of the ordinance which attempts to empower the police judge to pronounce a jail sentence is clearly void, but…