In re Webb

• Decision Date: 27 June 1931
• Docket Number: A-8040.
• Parties: In re WEBB.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

1 P.2d 416

51 Okla.Crim. 267

In re WEBB.

No. A-8040.

Court of Criminal Appeals of Oklahoma

June 27, 1931

Syllabus by the Court.

The legislative authority of a city of the first class may enact such reasonable ordinances, consistent with the laws, as it may deem expedient for the good government of the city and the preservation of peace and good order. Under such power it may prohibit the soliciting or drumming of patronage for persons authorized to perform marriage ceremonies in the public places of such city, as constituting an annoyance, and as inimical to good government. Held that, under the rule announced, the ordinance here involved is invalid.

Original proceeding by W. H. Webb for a writ of habeas corpus.

Writ awarded, and the petitioner discharged.

J. A Shirley and Walter J. Turnbull, both of Durant, for petitioner.

J Berry King, Atty. Gen. (J. R. Hannah, of Durant, of counsel) for respondent.

EDWARDS J.

This is an original proceeding in habeas corpus. Petitioner alleges that he is unlawfully restrained by the chief of police of the city of Durant under and by virtue of a conviction in the municipal court upon a charge based on an ordinance forbidding the soliciting or drumming of patronage for persons authorized to perform marriage ceremonies; that said ordinance is void because unreasonable and in excess of the police power of the city.

The respondent has filed a return setting out, in substance, that the city of Durant, under authority of section 4547, Comp St. 1921, enacted an ordinance in part as follows: "Sec. 1. Any person who shall be found within the city of Durant soliciting or drumming patronage for any person authorized to perform marriage ceremonies or who shall induce or persuade any person to obtain the services of any particular person or official to perform a marriage ceremony, whether such soliciting be for compensation or otherwise, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed twenty dollars including costs."

Section 4547, Comp. St. 1921, is: "The mayor and council shall have the care, management and control of the city and its finances, and shall have power to enact, ordain, modify or repeal any and all ordinances not repugnant to the laws of the United States and the constitution and laws of this State, as they shall deem expedient and for the good government of the city, the preservation of the peace and good order, the suppression of vice and immorality, and the benefit of trade and commerce, and the health of the inhabitants thereof, and such ordinances,...