The Marlin Democrat
Marlin, Texas, Thursday, March 3, 1904
HELD TO BE UNCONSTITUTIONAL
~~~~~
Ordinance Prohibiting Shooting Of
Fire Works In City
~~~~~
An important decision was handed down
by Judge Hunnicutt in county court Monday morning.
The case of the state of Texas vs Simeon Alexander, appealed from the
corporation court of the city of Marlin was under consideration.
Alexander was charged with shooting fire crackers on
the streets of Marlin in violation of Article 90, of the revised ordinances of
the city of Marlin, adopted In 1895.
The article in question prohibits the shooting of fire
crackers on the streets except under "authority of the mayor". Judge Rice for
the defendant, attacked the constitutionality of the article on the ground that
the council had no right to vest authority to suspend in the mayor or any one
else, that prerogative being alone vested in the legislature by the
constitution.
The court held with the view of Judge Rice, to which
City Attorney Spivey objected and gave notice of filing motion for a new
hearing.
Copyright Permission granted to Theresa Carhart and her volunteers for
printing by The Democrat, Marlin, Falls Co., Texas.