Ex Parte Bogle
Court of Criminal Appeals of Texas
From Travis. Original habeas corpus proceeding, asking release from arrest and detention for violating a city ordinance, regulating the operation of jitneys for hire on the public streets of the City of Austin. The opinion states the case. The validity of every municipal ordinance depends npon two imperative and essential requisites: 1. The power to ordain and enact the particular ordinance. 2. The reasonable exercise of this power.
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From Travis. Original habeas corpus proceeding, asking release from arrest and detention for violating a city ordinance, regulating the operation of jitneys for hire on the public streets of the City of Austin. The opinion states the case. The validity of every municipal ordinance depends npon two imperative and essential requisites: 1. The power to ordain and enact the particular ordinance. 2. The reasonable exercise of this power. In other words, the ordinance must within itself be reasonable and of such a character as not to carry with it such an arbitrary exercise of power as to forbid an…
1Opinion of the Court
PRENDER GAST, PeesidiNg Judge.
In vacation Mr. Bogle applied to one of the judges of this court for a writ of habeas corpus alleging that he was illegally restrained of his liberty by the chief of 'police of the City of Austin under a capias issued by the Corporation [Court on a complaint filed therein August 31, 1915, charging him with that day operating a jitney on one of the public streets of the city without having a license, in violation of the ordinance making it an offense to do so and seeking his discharge from said claimed illegal arrest and detention. The writ was granted and the…
2Cases cited2 opinions
- Greene v. City of San AntonioCourt of Appeals of Texas · 1915
- Ex Parte SullivanCourt of Criminal Appeals of Texas · 1915
3Cited by20 opinions
- Allen v. City of BellinghamWashington Supreme Court · 1917
- Auto Transit Co. v. City of Ft. WorthCourt of Appeals of Texas · 1915
- State Ex Rel. Pennington v. QuiggSupreme Court of Florida · 1927
- Ex Parte ParrCourt of Criminal Appeals of Texas · 1918
- Frost v. Railroad CommissionCalifornia Supreme Court · 1925
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