Ex Parte Dreibelbis
| Decision Date | 13 October 1937 |
| Docket Number | No. 19183.,19183. |
| Citation | 109 S.W.2d 476 |
| Parties | Ex parte DREIBELBIS. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Somervell County; O. B. McPherson, Judge.
Proceeding by Joe Dreibelbis, relator, for writ of habeas corpus for discharge from custody of city marshal under conviction for violation of ordinance of city of Glen Rose. From an order denying relief and remanding petitioner to city marshal's custody, relator appeals.
Reversed, and relator discharged.
E. T. Adams, of Glen Rose, and Walker & Baker, of Cleburne, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The relator was tried and convicted in the corporation court of the city of Glen Rose for the violation of an ordinance enacted by the city commissioners of said city, and his punishment was assessed at a fine of $1 and costs, from which judgment he appealed to the county court of Somervell county, where he was again convicted and the same punishment meted out to him. Thereupon, he applied to the Honorable O. B. McPherson, judge of the Eighteenth judicial district of Texas, for a writ of habeas corpus, under which he sought his discharge on the ground that the ordinance was in contravention with the Constitution and laws of this state, and therefore void and of no force and effect. Upon a hearing of the writ, he was denied the relief prayed for, and remanded to the custody of the city marshal until such time as he should have satisfied said fine and costs.
We do not deem it necessary to set out the ordinance in question in its entirety, but merely the caption thereof, and such sections as we deem necessary for a proper understanding of the grounds upon which we shall dispose of this case. The caption reads as follows: "An ordinance providing for license tax on a temporary merchant or business man; the definition of a temporary merchant or business man; the proceedings essential and required of same to enter into business in the City of Glen Rose, Texas; the obtaining license permit and providing for a penalty for the violation of said ordinance."
Section 1 defines a temporary merchant as follows: A temporary merchant is defined by said ordinance as any person, firm, or corporation, a resident or otherwise, who shall engage in the business of selling or offering for sale or distribution, or for rent or hire, for profit, any merchandise or equipment in the city of Glen Rose, from a definite location, truck, bus, or otherwise, and who has not been engaged in and conducting a similar business for at least 12 months prior to the effective date of this ordinance.
Section 2 provides the method and the requirements for obtaining a license for any person who seeks to engage in a business in said city, and specifies the amount of $10 to be paid as a license fee, and an additional sum of $240 as a guarantee of good faith that the applicant for a license will...
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