State v. Tyson

• Decision Date: 29 November 1892
• Citation: 16 S.E. 238,111 N.C. 687
• Court: North Carolina Supreme Court
• Parties: STATE . v. TYSON.

16 S.E. 238

111 N.C. 687

STATE .

v.TYSON.

Supreme Court of North Carolina.

Nov. 29, 1892.

City Ordinances—Validity—Cotton Weighers.

Under Code. § 3801, which enacts that towns may establish and regulate their markets, and prescribe at what places within their limits marketable things may be sold, a town has authority to enact an ordinance which provided that its commissioners should elect annually a cotton weigher, that he should be paid eight cents per bale weighed, one half by the buyer and one half by the seller, and that any person who sold cotton within its limits, without having it weighed as prescribed, should be deemed guilty of a misdemeanor.

Appeal from superior court, Stanly county; McIver, Judge.

John A. Tyson was convicted under a town ordinance requiring that cotton sold within its limits should be weighed by its agent, and appealed. Affirmed.

Brown & Jerome, for appellant.

The Attorney General, for the State.

Burwell, J. The defendant has appealed to this court from a judgment of the superior court of Stanly county, which declared that he was guilty of the violation of an ordinance of the town of Norwood, in said county. This criminal action was begun before the mayor of the town of Norwood, and was carried by appeal of defendant to the superior court. The ordinance with the violation of which the defendant is charged provides that the commissioners of the town shall elect annually a cotton weigher, and that he shall receive, as compensation for each bale of cotton weighed, eight cents, "one half to be paid by the seller and one half by the buyer, " and that "any person who shall buy or sell any bale of cotton within the corporate limits of the town of Norwood shall have the same weighed by the cotton weigher." The ordinance provides penalties for its violation. The counsel for the defendant contend that the ordinance is void, the commissioners of the town of Norwood having no power to adopt or enforce such a regulation, and upon this contention alone they put their argument for a new trial. We think the ordinance a valid one. By chapter 217of the Private Laws of 1891, the town of Norwood, which had been incorporated by chapter 18 of the Private Lawsof 1881, was "invested with all the power, duties, and obligations and authority conferred in chapter 62 of the Code, " while, by section 6 of the act of Incorporation mentioned above, the commissioners were given power "to pass by-laws, rules, and regulations for the good government of the...