State v. Cherry

The opinion of the court was delivered by

Reed, J.

The board of excise of the city of Chinden is organized in pursuance of an act of the legislature, passed in -1884-to be found in Supplement to the Revision, p<. 695. It is not contended that the board was not organized in strict pursuance of the terms of that act.

The objections set out in the reasons are of two- kinds. One class attacks the validity of the act of the legislature, and the other attacks the ordinance adopted by the board of excise.

The objections to the statute, made upon the argument, were limited to two constitutional…