Nasfell v. Ogden City

I dissent.

It should be here recorded that the appellant’s primary attack upon this statute was that it impairs his constitutional liberties: (a) by depriving him of his presumption of innocence and (b) by compelling him to give testimony against himself. The court refused to sustain those contentions.

The prevailing opinion is now narrowed to the one proposition: That the ordinance does not come within either the express or implied powers of Ogden City.

The Chief Justice suggests in his concurrence that such an ordinance would be valid if expressly authorized by the legislature; it would follow…