Schwartz v. Town of Gallup

Citations

• 22 N.M. 521
• 165 P. 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notice of a special meeting of a city council or board of trustees of a town may be dispensed with, or its necessity waived, by the presence and consent of every one of those entitled to notice.</p> <p>P. 524</p> <p>2. A statute requiring town ordinances to be recorded in an ordinance book is complied with by copying an ordinance on the typewriter and pasting the sheet of paper upon which it is copied in the ordinance book of such town in such manner as to become a permanent record.</p> <p>P. 524</p> <p>3. Where the Legislature invests a municipality with power to license, regulate or prohibit the sale of intoxicating liquor, such municipality may impose a license fee in any amount, and the fee thus fixed is not open to review by the courts as to its reasonableness or unreasonableness or' confiscatory nature.</p> <p>P. 525</p> <p>4. A part of a law may be unconstitutional and the remainder of it valid, where the objectionable part may be properly separated from the other without impairing the force and effect of the portion which remains, and where the legislative! purpose, as expressed in such valid portion, can be accomplished and given effect, independently of the void provision, and where if the entire act is taken into consideration it cannot be said that the enacting power would not have passed the portion retained had it known that the void provisions would fail. P. 529</p> <p>5. The use of chairs and tables in a saloon or barroom may be prohibited by a municipality in this state, and likewise such municipality may, by ordinance,, prohibit the use of blinds, curtains, or screens, and require a clear view from- the street of the bar and room in, which liquor is sold.</p> <p>P. 529</p>