American Fork City v. Robinson
| Decision Date | 11 October 1930 |
| Docket Number | 4998 |
| Citation | 292 P. 249,77 Utah 168 |
| Court | Utah Supreme Court |
| Parties | AMERICAN FORK CITY v. ROBINSON et al |
Appeal from District Court, Fourth District, Utah County; G. W Worthen, Judge.
Criminal prosecution by the American Fork City against M. C. Robinson and another, for the violation of an ordinance prohibiting playing pool in any clubroom in the city. From a judgment of conviction in the district court, after an appeal from the conviction in the justice's court, defendants appeal asserting invalidity of ordinance.
REVERSED.
K. K Steffensen, of Salt Lake City, for appellants.
Ray T Elsmore, of American Fork, for respondent.
The defendants were tried and convicted in the city justice's court of American Fork City upon a complaint for the violation of an ordinance of that city which prohibits playing pool in any clubroom in the city. They appealed to the district court of Utah county where they were again tried and convicted and fined $ 15 each. From the judgment in the district court they have appealed to this court, contending, among other things, that the ordinance which they were convicted of violating is invalid. By article 8, § 9, of the state Constitution the decisions of the district courts upon appeals from justices' courts are made final, except in cases involving the validity or constitutionality of a statute. On appeals to this court in such cases the court will consider only the question of the validity or constitutionality of the statute or ordinance in question. Eureka City V. Wilson, 15 Utah 53, 48 P. 41.
The ordinance in question defines "clubs" and "clubrooms" and prohibits the keeping for use any billiard or pool table in any clubroom in the city, and provides that "it shall be unlawful for any person to play at billiards or pool upon any billiard or pool table in any clubroom in the city," and prescribes as a penalty, for violation of the ordinance, a fine of not more than $ 50 or imprisonment not more than 30 days, or both.
A separate ordinance prohibits the keeping for use in any public place in the city any billiard or pool table.
It is contended that the part of the ordinance prohibiting the playing of billiards or pool upon any table in any clubroom in the city is invalid, because the power to enact such an ordinance has not been conferred upon the city by the state legislature.
That the powers of the city are strictly limited to those expressly granted, to those necessarily or fairly implied in or incident to the powers expressly granted, and to those essential to the declared objects and purposes of the corporation, is settled law in this state. Salt Lake City V. Sutter, 61 Utah 533, 216 P. 234.
We therefore look to the legislative grants...
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State v. Hutchinson
...as an independent source of power, but rather as limited by specific, enumerated grants of authority. See, i. e., American Fork City v. Robinson, 77 Utah 168, 292 P. 249 (1930); Salt Lake City v. Sutter, 61 Utah 533, 216 P. 234 (1923). More recently, however, reasoned opinion regarding the ......
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... ... purposes of the corporation. Am. Fork City v ... Robinson , 77 Utah 168, 292 P. 249; Salt Lake ... City v. Sutter , 61 Utah 533, ... ...
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...City v. Sutter, supra [61 Utah 533, 216 P. 235].8 American Petroleum Co. v. Ogden City, 90 Utah 465, 62 P.2d 557.9 American Fork City v. Robinson, 77 Utah 168, 292 P. 249, 250.10 Utah Rapid Transit Co. v. Ogden City, supra [89 Utah 546, 58 P.2d 3].11 Utah Light & Traction Co. v. State Tax C......
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