Ex parte Town of Russellville

• Citation: 95 Ala. 19,11 So. 18
• Parties: EX PARTE TOWN OF RUSSELLVILLE. IN RE HURLEY.
• Decision Date: 27 April 1892
• Court: Supreme Court of Alabama

11 So. 18

95 Ala. 19

EX PARTE TOWN OF RUSSELLVILLE. IN RE HURLEY.

Supreme Court of Alabama

April 27, 1892

Arthur Hurley was convicted and fined for selling whisky, and discharged from custody on his petition for a writ of habeas corpus by an order of the probate judge. Petition by the town of Russellville for a writ of certiorari to bring the proceeding before the supreme court, and to vacate and annul the order of the probate judge. Certiorari granted, and writ of habeas corpus denied.

Key & Hester and W. L. Martin, for petitioner.

MCCLELLAN J.

The charter of the town of Russellville invests the mayor and aldermen of that municipality with power "to pass all laws and ordinances, and to provide for enforcing the same for the suppression in said town of all offenses known and classed in the laws of the state of Alabama as offenses against the person, offenses against the public peace offenses against property, offenses against public justice and official duty, offenses against public morality and decency, offenses against public health, convenience, and safety, and offenses against suffrage." And it is further provided that all persons convicted of a violation of the ordinances of the town who fail to pay or secure such fine and cost as may be assessed therefor may be placed at hard labor for the town or imprisoned until such fine and cost are paid. Acts 1890-91, pp. 796, 803. By an act approved February 8, 1881, the sale, gift, or other disposition of spirituous, vinous, and malt liquors and intoxicating bitters was prohibited in beat 2, known as "Russellville Beat," and embracing the town of Russellville, in Franklin county; and this statute is still of force, and provides heavy penalties for its violation. Acts 1880-81, p 392. The offense defined and denounced by this statute is one which is "known and classed in the laws of the state of Alabama" as an offense "against public morality and decency." Code, pt. 5, tit. 2, c. 7, art. 13, § 4036 et seq. The board of mayor and aldermen of Russellville, after the charter above referred to went into effect, we assume adopted the following ordinance: "Be it further ordained that any person who shall give, sell, barter, or otherwise dispose of spirituous, vinous, or malt liquors, or drugs or bitters the base of which is intoxicating liquor, shall be fined not less than two nor more than twenty-five dollars." Under this ordinance one Arthur Hurley was convicted of selling vinous, spirituous, or malt liquor in said town, fined within the limitation of the ordinance quoted above, and, failing to pay the fine and cost, was in the custody of the marshal of the town, pending sentence to imprisonment or hard labor, when he applied to the probate judge of Franklin county for a writ of habeas corpus, and prayed to be discharged upon a hearing thereof on the...