Town of McCool v. Blaine

Appellee was prosecuted for violation of an ordinance of the Town of McCool which makes it unlawful for business houses to remain open for business after eleven o’clock P. M. The ordinance is sought to be justified by Code 1930, Sec. 2406, which authorizes municipalities “to make all needful police regulations necessary for the preservation of good order and peace of the municipality and to prevent injury to, destruction of, or interference with public or private property ’ ’ and contains other provisions not here applicable. The ordinance is prefaced with a finding that ‘ ‘ the matter of…