73 Ga. 184 | Ga. | 1884
The plaintiff was charged with having violated city ordinance 103, which ordinance provides that “ boys and other persons unconnected with railroad trains, except passengers and other persons in the act of taking passage, are prohibited from getting off or on engines or cars at the depot or elsewhere in the city limits,” and provides a penalty. ’ The plaintiff in error admitted having violated this ordinance; he was fined, and petitioned for a writ of certiorari, which was refused by the judge of the superior court, and this is arraigned as error.
(1.) It is insisted that this Ordinance is violative of paragraph 3, section 1, constitution of this state: “ No- person shall be deprived of life, liberty or property, except by due process of law.”
(2.) That the same is not uniform, and is unreasonable, and therefore void.
(3.) Because the charter does not authorize the ordinance.
. Acts of 1866, p. .284, acts of 1830, p..212, provide that the mayor and council shall have the -power to pass all laws and ordinances that they may consider necessary for the preservation of the health, peace, prosperity, comfort and security of the citizens of said city, not inconsistent with the- constitution and laws of this state. This is a broad grant of power, and fully includes the power to pass the ordinance complained of.
Judgment affirmed.