In Re Jones
Court of Criminal Appeals of Oklahoma
Original Proceeding by Habeas Corpus. The Incorporated Town oí Eldorado, Oklahoma, passed an ordinance entitled "An ordinance describing what shall constitute a public nuisance; prescribing the punishment for maintaining the same, and providing methods for the abatement thereof,” by which ordinance it was declared in substance that all billiard halls, poolrooms, or other places where any billiard, pool or combination billiard and pool table or tables are or may be kept or…
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Original Proceeding by Habeas Corpus. The Incorporated Town oí Eldorado, Oklahoma, passed an ordinance entitled "An ordinance describing what shall constitute a public nuisance; prescribing the punishment for maintaining the same, and providing methods for the abatement thereof,” by which ordinance it was declared in substance that all billiard halls, poolrooms, or other places where any billiard, pool or combination billiard and pool table or tables are or may be kept or operated for hire, shall be deemed public nuisances, and making it a misdemeanor punishable by a fine of $25.00 for any.…
1Opinion of the Court
RICHARDSON, Judge.
It is contended by petitioner that the ordinance in question is void, for the reason that the Incorporated Town of Eldorado had no statutory grant of power to pass the same; that municipal corporations are creatures of the Legislature, and can exercise only such powers as are expressly conferred by their charter or by statute; that a grant of power to them must be strictly construed, so that they take nothing by implication; and that they have no power to declare anything a nuisance unless it is so per se.
It is true that a municipal corporation has no power except that which…
2Cases cited42 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Baumgartner v. HastyIndiana Supreme Court · 1885
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
37 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ex Parte HiggsCourt of Criminal Appeals of Oklahoma · 1953
- In Re SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- Magnolia Petroleum Co. v. WrightSupreme Court of Oklahoma · 1926
- Cummings v. LobsitzSupreme Court of Oklahoma · 1914
- Finkelstein v. City of SapulpaSupreme Court of Oklahoma · 1925
18 more not listed; retrieve them via the Exa API.