Mayer v. Ames, Dir.

By the Court.

At the threshold of this discussion it should be noted that this court is not permitted to concern itself with the wisdom of the questioned ordinance. The problem confronting this court is one solely of legislative power and not in any s'ense one of policy.

As a preliminary procedural question it is claimed by the defendants that the plaintiff as a taxpayer lacks the necessary capacity to maintain this action. Under the provisions of the ordinance the Department of Safety is authorized to establish, equip and operate one or more testing stations. Since no fees for in spection of…