City of Portland v. Goodwin

BRAND, A. C. J.

The issue in this case involves the alleged unconstitutionality of an ordinance of the City of Portland which reads as follows:

“Between the hours of 1:00 and 5:00 o’clock A. M., Pacific Standard time, it shall be unlawful for any person to roam or be upon any street, alley or public place without having and disclosing a lawful purpose.” Ordinance No. 76339, Section 16-617.

The defendants are husband and wife. Under the provisions of the ordinance each of them was charged by a complaint in the following language:

“The above named defendant on Sept. 2, 1947, within the corporate…