Hall v. Commonwealth

• Decision Date: 04 June 1897
• Citation: 101 Ky. 382,41 S.W. 2
• Parties: HALL v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

41 S.W. 2

101 Ky. 382

HALL v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 4, 1897

Appeal from circuit court, Shelby county.

"To be officially reported."

Mrs. W H. Hall was convicted for violation of a city ordinance, and appeals. Affirmed.

G. G Gilbert and J. C. Beckham & Son, for appellant.

L. C Willis, for the Commonwealth.

BURHAM J.

This prosecution was commenced before the police judge of the city of Shelbyville for a violation of an ordinance of the city which requires all persons engaged regularly in selling and delivering milk to pay a license of $10 per annum, being section 168 of the ordinances of the city. Shelbyville is a city of the fourth class, and by subsection 1 of section 3490 of the Kentucky Statutes it is provided that "the board of council in cities of the fourth class shall have power within the city to pass ordinances not in conflict with the constitution and laws of this state or of the United States and to impose and collect license fees and taxes on stock used for breeding purposes, and on all franchises, trades and professions." The authority for this act of the legislature is expressly given in section 181 of the constitution, which provides that the general assembly may by general laws, delegate the power to counties, towns, cities, and other municipal corporations to provide for the payment of license fees on all trades, occupations, and professions. The appellant was summoned to appear before the police court of Shelbyville, and, upon trial, was found guilty, and fined five dollars, for violating the ordinance above referred to. Section 3519 of the Kentucky Statutes provides that: "Appeal shall be from the judgment of said court [that is, the city court] to the circuit court of the county in all cases where the fine is more than $20. In cases where fines of $20 or less are imposed or authorized under ordinances, the legality of such ordinance may be tested by either party by an appeal to the circuit court of the county. When any judgment shall be rendered, from the circuit court of the county, as provided for in this section, either the city or the accused may appeal to the superior court or the court of appeals." By virtue of this statute, appellant carried this case to the circuit court of Shelby county. The circuit court held the ordinance valid, and granted an appeal to this court.

It seems to us that the only question that can be considered on this appeal is the legality of this ordinance. We cannot inquire into the facts or circumstances connected with the alleged offense, the amount of the fine being only five dollars, as we think the intention of the legislature...