Mayor of Homer v. Brown

Citations

• 117 La. 425
• 41 So. 711
• 1906 La. LEXIS 717

Syllabus

<p>1. Criminal Law — Appeal—Decisions Review aele — Nature op Subject-matter-Validity op Ordinance.</p> <p>Where a party charged with having violated a municipal corporation ordinance, in which a fine is imposed for its violation, unsuccessfully contested the legality of that ordinance in the trial court, he is entitled to an appeal to the Supreme Court on that issue, regardless of the amount involved.</p> <p>The issue and contestation, to be so appealable, is as to the legality of the legislation of the municipal corporation, not as to proceedings taken in the trial court in enforcement of the ordinances, nor as to the correctness or legality of the conclusions or action of the judge below, acting under and by virtue of the ordinance. Municipality v. Blanc, 1 La. Ann. 385; State v. Zurich, 21 South. 977, 49 La. Ann. 447; State v. Fourcade, 13 South. 187, 45 La. Ann. 721, 40 Am. St. Rep. 249.</p> <p>2. Same.</p> <p>Under the Constitution of 1898 the class of cases wherein an issue in the trial court as to the legality or constitutionality of ordinances gives a direct right of appeal to the Supreme Court from the decision on that issue in the trial court has been enlarged and made to cover municipal ordinances wherein no fine has been authorized or directed to be imposed for their violation; but in that class of cases the judgment of the trial court to authorize an appeal must have been against the constitutionality of the ordinance.</p> <p>3. Intoxicating Liquors — Municipal Corporations — Ordinances—Validity.</p> <p>The ordinance which is resisted in this case did not fall within the grasp and scope of the powers conferred upon the town, and is illegal and ultra vires.</p> <p>Breaux, C. J., dissenting.</p> <p>(Syllabus by the Court.)</p>