Young & McShea Amusement Co. v. Atlantic City

The opinion of the court was delivered by

Dixon, J.

The Young & MeShea Amusement Company having been convicted by the recorder of Atlantic City, for *126violating “An ordinance [passed March 31st, 1890] to regulate the use of the sixty-feet-wide street along the ocean front,” and fined therefor $50, now contends that the section of said ordinance prescribing the penalty is illegal. That section declares that violators may be punished by fine not exceeding $200, or imprisonment not exceeding' thirty days, as the mayor, recorder or aldermen may direct.

The statute under which the ordinance was passed…