City of Billings v. Herold

MR. JUSTICE ANGSTMAN:

(dissenting).

I think the judgment of the district court should be affirmed.

The question presented is one of statutory construction. The majority opinion on this point is double barreled. It holds, first, *155that the city never had the authority or power to pass an ordinance prohibiting the driving of an automobile on its streets by one under the influence of intoxicating liquor, and, second, if it ever had the power it had been taken away.

I concede that if either of these propositions is sound then the conclusion reached by my associates is correct. In my opinion, however,…