Walsh v. City of Union
Oregon Supreme Court
Union County. Defendant appeals. The city charter of- Union authorizes the city “ to prevent and restrain any riot, noise, disturbance, or disorderly assemblage in any street, house, or place in the city.”
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Union County. Defendant appeals. The city charter of- Union authorizes the city “ to prevent and restrain any riot, noise, disturbance, or disorderly assemblage in any street, house, or place in the city.” The plaintiff was tried and convicted upon a complaint charging that “ the said J. O. Walsh, within the city of Union, Union County, Oregon, on the eighth day of May, 1884, did then and there draw upon Phillip Halley a dangerous weapon, viz., a revolver or pistol, the same being loaded with lead and powder, and being a dangerous weapon, with intent then and there and thereby to assault and…
1Opinion of the CourtLord, J.
We think the ordinance was ultra vires. Under the charter, the city was empowered and authorized to pass an ordinance to punish any person or persons who should create any “ noise or disturbance ” in any street in the city, etc. And under an ordinance enacted in pursuance of such power to punish those who should create any disturbance in the streets of the city, etc., it is not doubted but what the conduct alleged in the complaint would be a punishable offense.
No provision of the charter has been referred to which authorizes the defendant to take jurisdiction and punish for the crime of an…
2Cited by2 opinions
- State v. FredericIdaho Supreme Court · 1916
- Mayhew v. City of EugeneOregon Supreme Court · 1910