Oklahoma City v. Spence

• Decision Date: 21 September 1912
• Citation: 126 P. 701,8 Okla.Crim. 121,1912 OK CR 387
• Parties: OKLAHOMA CITY v. SPENCE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

126 P. 701

8 Okla.Crim. 121, 1912 OK CR 387

OKLAHOMA CITY v. SPENCE.

Court of Criminal Appeals of Oklahoma

September 21, 1912

Syllabus by the Court.

Section 3, article 1, of the Charter of Oklahoma City, among other things provides: "And said city shall have power to enact and enforce all ordinances necessary to protect health life and property and to prevent and summarily abate and remove nuisances and to preserve and enforce good government and order for the security of the city and its inhabitants to protect the lives, health and property of the city; and to enact and enforce all ordinances upon any subject; provided that no ordinance shall be enacted inconsistent with the general laws of this state, the state Constitution or this charter."

Held, that this provision authorizes said city to pass an ordinance penalizing the maintenance of a place for the illegal sale of intoxicating liquor.

Section 683, Compiled Laws 1909, provides: "The city council shall have power to enact ordinances to restrain, prohibit and suppress tippling shops, billiard tables, bowling alleys, houses of prostitution and other disorderly houses, and practices, games and gambling houses, desecrations of the Sabbath day, commonly called Sunday, and all kinds of public indecencies. No license shall ever be granted for any house of prostitution, or for gambling house, gambling device, game of chance, or any disorderly house or practice; and no city officer shall accept or receive any hush money, or any money or valuable things, from any person or persons engaged in any such business, or practice, or grant any immunity or protection against a rigid enforcement of the laws and ordinances enacted to restrain, prohibit and suppress any such business or practice."

Held, that under this provision cities of the first class in this state, whether under the charter form of government or not, have the right to pass and enforce by-laws or ordinances prohibiting the sale of intoxicating liquors, possession or unlawful conveyance of the same, or the maintenance of a place wherein the same are sold.

The doctrine in Re Simmons, 4 Okl. Cr. 662, 112 P. 951, and upon rehearing in the same case, 5 Okl. Cr. 399, 115 P. 380, reaffirmed.

Appeal from Oklahoma County Court; John W. Hayson, Judge.

Mrs. Irene Spence was convicted of violating an ordinance of Oklahoma City. From a judgment of the county court reversing the conviction, the city appeals. Reversed and remanded.

J. W. Johnson, Municipal Counsel, and D. A. Richardson, both of Oklahoma City, for plaintiff in error.

Wilson & Wilson, of Oklahoma City, for defendant in error.

ARMSTRONG J.

The defendant in error, Mrs. Irene Spence, was tried and convicted in the municipal court of Oklahoma City on a charge of maintaining a place for the illegal sale of intoxicating liquor. She appealed to the county court of Oklahoma county, which court rendered judgment upon a demurrer in favor of the defendant in error and against the city of Oklahoma City, the plaintiff in error, holding that the city of Oklahoma City had no authority to enact a by-law or ordinance penalizing the maintenance of a place for the illegal sale of intoxicating liquor. From this latter judgment the city of Oklahoma City appeals.

That portion of the ordinance involved in this appeal is as follows: "It shall be unlawful for any person to keep or maintain, or to aid, assist or abet in keeping or maintaining in this city a place where intoxicating liquors are manufactured, sold, bartered or given away, in violation of the provisions of this ordinance, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter or delivery in violation of this ordinance." The penalty for violation of this ordinance is a fine of not less than $10 and not more than $100, or imprisonment in the city jail not more than 30 days, or both such...