Town of Mena v. Smith

• Decision Date: 30 October 1897
• Citation: 42 S.W. 831
• Parties: TOWN OF MENA v. SMITH.
• Court: Arkansas Supreme Court

42 S.W. 831

TOWN OF MENA v. SMITH.

Supreme Court of Arkansas.

October 30, 1897.

Appeal from circuit court, Polk county; Will P. Feazell, Judge.

E. P. Smith, charged with violation of an ordinance of the town of Mena, was convicted before the mayor of the town; but on appeal to the circuit court the case was dismissed, and the town appeals. Affirmed.

J. C. Byers, for appellee.

WOOD, J.

The incorporated town of Mena passed an ordinance requiring those who desired to follow the occupation of jeweler, within the corporate limits of the said town, to first pay a license, in the sum of $10, and subjecting those who carried on said business without paying said license to a fine of not more than $25. The appellee was convicted before the mayor of said town for a violation of the aforesaid ordinance, and fined in the sum of $10. On appeal to the circuit court the cause was heard upon demurrer to the charge, and the court rendered judgment dismissing the case and discharging appellee, whereupon the town appealed.

The power to pass this ordinance is not expressly conferred by statute. It is not necessarily or fairly implied from the powers expressly granted, nor is it one of those inherent powers essential to the existence or good government of such corporations. The ordinance, therefore, is ultra vires and void. Dill. Mun. Corp. § 89 (55), and authorities cited; Sand. & H. Dig. §§ 5130-5150; 13 Am. Law Rev. 632; Ex parte Martin, 27 Ark. 467; Tucker v. Town of Waldron, 31 Ark. 462; Cooley, Tax'n, p. 678; Ould v. City of Richmond, 23 Grat. 464; Horr & B. Mun. Ord. § 15.

Affirmed.