Hershberg v. City of Barbourville

Opinion of the Court by

Chief Justice Hobson—

Affirming.

Barbourville is a city of the fifth class. The Board of Council of the city enacted the following ordinance:

“That if any person shall smoke a cigarette or cigarettes within the corporate limits of the city of Barbour-ville after such person shall have had actual notice of the passage of this ordinance, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one dollar nor more than fifteen dollars, for each offense. ”

The police judge issued a warrant against Henry M, Hershberg, in which he was charged…