Ex Parte Bell

SIMKINS, Judge.

Appellant was arrested, upon a charge of keeping a variety show, by the city marshal of the city of Houston, and at once sued out a writ of habeas corpus before the Hon. E. D. Cavin, judge of the Criminal District Court of Harris County, upon the ground, that the ordinance under which such arrest was made was void, because it was ultra vires, the city council having no power to declare acts innocent and legal in themselves to be criminal, and because the said ordinance is too indefinite and vague to be the basis of any action. Under the authority of Ex Parte Gregory, 20 Texas…