Cunningham v. City of Griffin

• Decision Date: 18 April 1899
• Citation: 33 S.E. 664,107 Ga. 690
• Parties: CUNNINGHAM v. CITY OF GRIFFIN.
• Court: Georgia Supreme Court

33 S.E. 664

107 Ga. 690

CUNNINGHAM v. CITY OF GRIFFIN.

Supreme Court of Georgia

April 18, 1899

Syllabus by the Court.

1. When an act amendatory of a city charter expressed in its title the purpose of such act to be to amend the charter "so as to authorize the establishment of a city court," etc., the last was constitutionally amended by the passage of a third act, which, in its title, recited that the amendatory act was to be amended "so as to change the name of said court," etc.; and the body of the third act declared that such court should thereafter be known as the "Criminal Court" of said city, etc. It is not essential that the last act should undertake, in terms, to amend the title of the act it sought to amend.

2. Under a clause in a city charter conferring power on the municipal authorities to adopt such ordinances as they may deem proper "to secure order and quiet in the city," and "to protect the morals of the city," the mayor and council have authority to adopt an ordinance making it an offense against the municipality to "keep for sale, barter, or exchange, any vinous spirituous or malt liquors within the corporate limits of the city."

3. The competency of a witness introduced for the prosecution in a trial for the violation of such an ordinance is not affected by the fact that his name was not indorsed upon the warrant or accusation.

4. The evidence warranted the conviction, the sentence imposed was not excessive, and the superior court committed no error in overruling the certiorari.

Error from superior court, Spalding county; E. J. Reagan, Judge.

S. G Cunningham was convicted of violating an ordinance of the city of Griffin, and brought certiorari. From an order dismissing the writ, he brings error. Affirmed.

T. E Patterson, for plaintiff in error.

O. H. P. Slaton, for defendant in error.

LITTLE J.

Plaintiff in error petitioned the judge of the superior court for a certiorari to review the rulings of the judge of the criminal court of Griffin made in a case of the mayor and council of Griffin against himself. In the trial of that case he was adjudged to have been guilty of a violation of an ordinance of Griffin which prohibited any person from keeping for sale, barter, or exchange any vinous, spirituous, or malt liquors within the corporate limits of the city of Griffin. The writ of certiorari was ordered to issue. The answer of the judge of the criminal court sets out of the following as an ordinance of the city of Griffin, to wit: "Be it enacted that, from and after the passage of this ordinance, it shall be unlawful for any person to keep a 'blind tiger,', or keep for sale, barter, or exchange any vinous, spirituous, or malt liquors, within the corporate limits of the city of Griffin. Any person convicted of a violation of the above ordinance shall be fined in a sum not to exceed $100, or punished by imprisonment in the chain gang for a term not to exceed 60 days,--either or both, in the discretion of the court." The warrant charged the defendant with a violation of this ordinance. He appeared, and pleaded to the jurisdiction of the court, on the ground that the act establishing it was unconstitutional. This plea was overruled. The defendant then demurred to the warrant because it charged no offense against him; that the municipal authorities of Griffin had no authority to adopt the ordinance in question, because the offense, as charged, was an attempt to commit a misdemeanor; because the municipal authorities have only the right to regulate the sale of liquors, etc. The demurrer was overruled. The answer then sets out evidence which affirmatively shows that the defendant had sold whisky in the city of Griffin about the time charged in the warrant. Defendant was adjudged to be guilty, and sentenced to work on the chain gang for 60 days, or to be discharged on the payment of a fine of $100. On the hearing the certiorari was overruled by the judge of the superior court, and to this action defendant excepted.

1. An act of the legislature approved February 15, 1876 (Acts 1876 p. 142), in effect, created a new charter for the city of Griffin which had been originally incorporated in 1843. This act was amended by an act approved December 3, 1880, the title to...