State Ex Rel. Rose v. City of Webb

The plaintiffs, property-owning, taxpaying citizens of Webb City, which contains less than 25,000 inhabitants, seek by this proceeding to enjoin the defendants, Webb City, the mayor and couneilmen thereof, from levying, extending or collecting any taxes under a certain ordinance of said city purporting to authorize such •taxation for the support of free public band concerts to be given in said city. The defendants prevailed in the trial below and the plaintiffs appealed from the decree dismissing plaintiffs’ bill.

The assailed ordinance, No. 2583, was enacted June 25, 1930, under purported…