Pate v. Jonesboro
Supreme Court of Arkansas
Appeal from Craighead Circuit. Court. Aeren Hughes, Judge. The ordinance under which defendant was convicted is void. Const, art 12, § 4; Sand. & H. Dig. § § 5145, 5132, 5139. The ordinance undertakes to regulate the conduct of people. 45 Ark. 336; 49 Ark. 160. Authority to pass an ordinance must plainly appear from the statute. 45 Ark. 454; Dill. Mun.
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Appeal from Craighead Circuit. Court. Aeren Hughes, Judge. The ordinance under which defendant was convicted is void. Const, art 12, § 4; Sand. & H. Dig. § § 5145, 5132, 5139. The ordinance undertakes to regulate the conduct of people. 45 Ark. 336; 49 Ark. 160. Authority to pass an ordinance must plainly appear from the statute. 45 Ark. 454; Dill. Mun. Corp. § § 89, 319, 330. There could be no such officer as police judge, appellee not being a city of the first class. 74 S. W. 748; 63 Ark. 1; 48 Ark. 227.
1Opinion of the CourtBattue, J.
W. T. Pate was tried and convicted in the police court of the city of Jonesboro upon information stating that Pate did unlawfully permit persons to sit down upon kegs, boxes, barrels and casks in a saloon occupied and run by him in that city in violation of one of its ordinances. He appealed to the circuit court, where he was again convicted, and he then appealed to this court.
The ordinance violated was as follows:
“Section 205. It shall be unlawful for the keeper of any saloon or dramshop to keep in such saloon or bar room any chairs, seats or stools upon which any one can sit down; neither…
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