In Re Webb

This is an original proceeding in habeas corpus. Petitioner alleges that he is unlawfully, restrained by the chief of police of the city of Durant under and by virtue of a conviction in the municipal court upon a charge based on an ordinance forbidding the soliciting or drumming of patronage for persons authorized to perform marriage ceremonies; that said ordinance is void because unreasonable and in excess of the police power of the city.

The respondent has filed a return setting out, in substance, that the city of Durant, under authority of section 4547, Comp. St. 1921, enacted an ordinance…