Town of Waterproof v. Towles

O’NIELL, Chief Justice.

The appellants were convicted of a violation of Ordinance No. 83 of the town of Waterproof, by selling whiskey without having paid the license tax or fee required by the ordinance. They pleaded that the ordinance was illegal, for several reasons which they specified; one of which reasons was sufficient, in our opinion, to sustain the plea, which the mayor overruled, viz.: That the penalty prescribed by the ordinance for a violation thereof exceeded the penalty which the law allowed the municipality to impose for a violation of any ordinance of the municipality. The…