Thelsen v. McDavid

Citations

• 34 Fla. 440

Syllabus

<p>MUNICIPAL LAW — CONSTITUTIONALITY OP CITY ORDINANCE PUNISHING ACTS MADE PENAL BY STATE LAW — SUNDAY LAWS.</p> <p>1. There is nothing in our Constitution that prohibits the Legislature from clothing our municipal governments with legislative power to prohibit and punish by ordinance any act made penal by the State laws, when perpetrated within municipal limits. And such an ordinance is not invalidated because it prescribes the same penalties as the State law for the commission or omission of the same act. Neither is it any objection to such au ordinance that the offender may be tried and punished for the same act under both the ordinance and the State law. A conviction or acquittal by the municipal courts under such an ordinance is uo bar to a prosecution under the State law. Neither is such an ordinance invalid because the trial thereunder is without a jury</p> <p>3. Under the provisions of Section one, Chapter 3034 laws of March 8th, 1877, Section 673 R. S., providing that our municipal gov. ermnents shall have the power, “to xiass all such ordinances and laws as may be expedient and necessary for the xireservation of the public x>eace and moralsHeld, That our municix>alities are empowered to enact ordinances prescribing penalties for the non-observance of the Sabbath in the conduct of business pursuits on that day within their corx>orate limits.</p> <p>3. A municipal ordinance prohibiting the carrying on of certain business pursuits within the city limits on Sunday, and prescribing penalties therefor, is not invalid because it excepts from its inhibition various business pursuits that are not excepted from the operation of the State law on the same subject.</p> <p>4. A municipal ordinance prescribing penalties for the carrying on of business pursuits within the city limits on Sunday is not subject to the charge of unreasonable and invalidating discrimination, when it excepts from its operation all persons generally who belong to any of the excepted classes of o