Lovell v. City Of Griffin, 25850.

• Decision Date: 11 March 1937
• Docket Number: No. 25850.,25850.
• Citation: 191 S.E. 152,55 Ga.App. 609
• Parties: LOVELL. v. CITY OF GRIFFIN.
• Court: Georgia Court of Appeals

55 Ga.App. 609

191 S.E. 152

LOVELL.

v.CITY OF GRIFFIN.

No. 25850.

Court of Appeals of Georgia, Division No. 1.

March 11, 1937.

Rehearing Denied March 31, 1937.

Syllabus by Editorial Staff.

Error from Superior Court, Spalding County; Wm. E. H. Searcy, Jr., Judge.

Proceeding by the City of Griffin against Alma Lovell. To review a judgment of the superior court refusing a petition for certiorari to review a judgment of the municipal court, the defendant brings error.

Affirmed.

John O. Owen, Chas. G. Reynolds, G. C. Powell, and H. A. Allen, all of Atlanta, for plaintiff in error.

J. O. Futral and W. H. Connor, Sol. Gen., both of Griffin, for defendant in error.

Syllabus Opinion by the Court

MacINTYRE, Judge.

1. There was no conflict between the law as embodied in Code, §§ 72-401 and 72-9901, and the ordinance which reads as follows: "Be it ordained by the Board of Commissioners of the City of Griffin: Section 1: That the practice of distributing either by hand or otherwise, circulars, handbooks, advertising, or literature of any kind, whether said articles are being delivered free, or whether same are being sold, within the limits of the City of Griffin, without first obtaining written permission from the City Manager of the City of Griffin, such practice shall be deemed a nuisance, and punishable as an offense against the City of Griffin. Section 2: The Chief of Police of the City of Griffin and the police force of the City of Griffin are hereby required and directed to suppress the same and to abate any nuisance as is described in the first section of this ordinance."

2. The said ordinance is not unconstitutional because it abridges the freedom of the press or prohibits the distribution of literature about petitioner's religion in violation of the Fourteenth Amendment to the Constitution of the United States as stated in Code, § 1-815. See Coleman v. City of Griffin (Ga.App.) 189 S.E. 427. The ordinance is not attacked on the ground that it arbitrarily grants to the city manager the power to grant or refuse a license at will, such power being uncontrolled by any rule or standard or provision for review.

3. The charge that an ordinance is void because it violates a designated, numbered article, section, and paragraphof the Constitution of the State of Georgia or of the United States, and then quotes the part of the Constitution attacked, without stating wherein it violates the provision of the Constitution, is too indefinite to invoke a ruling upon the...