Barnes v. City of Dayton

On Petition to Rehear

Mr. Justice W;hite.

Complaint is made in the petition to rehear that we failed to pass upon the validity of Section V of the ordinance. We said in our opinion that:

*412Section Y of the ordinance regulates the hours for the sale of beer 'within the corporate limits of said city and it also makes unlawful the sale of beer on certain holidays enumerated therein.

The chancellor referred to this Section of the ordinance when he said that it regulated “the hours and days when beer may be sold.”

In declaring Section Y and the other sections of the ordinance constitutional, the…