The Marlin Democrat
Marlin, Texas, Thursday, March 3, 1904
CITY ORDINANCE PROHIBITING
SHOOTING OF FIREWORKS
IN THE CITY
~~~~~
Much interest has been shown in the
opinion by Judge Hunnicutt in the county court to the effect that the City
ordinance prohibiting the shooting of fire works in the city limits was
unconstitutional. Some seem to have gotten the impression that the opinion holds
that the city cannot regulate this character of offenses, and this impression is
wrong. No such contention was made by the attorney for the defense and no
such decision has been made by the court. As stated in the DEMOCRAT, the court
passed on the ordinance heretofore existing and not upon the right of the
council to pass and enforce a valid ordinance on the subject. The fatal defect
in the present ordinance is that provision which attempts to invest the mayor
with the authority to suspend the ordinance when he may deem it proper. The
constitution vests the power of suspension of laws solely in the legislature,
and that is resorted to only in very rare cases.
Copyright Permission granted to Theresa Carhart and her volunteers for printing
by The Democrat, Marlin, Falls Co., Texas.