7 Ga. App. 437 | Ga. Ct. App. | 1910
Tom Clark was convicted in the mayor’s court of the City of Fitzgerald of the offense of disorderly conduct, and ■sentenced to pay a fine of $25 or to work 25 days on the public works of the city. The ordinance under which he was tried and convicted provides that persons convicted of disorderly conduct “shall be fined in a sum not to exceed $100 or ninety days in jail or at work on the streets of the city, or all, in the discretion of the mayor.” This ordinance was passed prior to the act of 1907 (Georgia Laws 1907, p. 609), creating a new charter for the City ■of Fitzgerald. In the last section of the act just referred to, it is provided that “all ordinances passed by the mayor and council of the City of Fitzgerald under a former charter, or any amendment thereof, which are now in force,, and which arg inconsistent with and at variance with this act, be and are hereby expressly re
It is contended bj'- the plaintiff in error that the ordinance under which he was tried and convicted is invalid, for the reason that the-punishment therein prescribed exceeds the maximum punishment authorized by the act creating the new charter. In other words, the charter prescribes a maximum punishment of $200 fine, or imprisonment and work for 60 days, whereas the ordinance prescribes a maximum punishment of a jail sentence of 90 daj's, and work on the public works for a similar length of time,, and also a fine of $100. It will thus be seen that the ordinance prescribes a jail sentence of 90 days without any charter authority for this punishment, and also a sentence to work on the public, works for 90 da}rs, whereas the charter authorizes only 60 days at such work. It is also pointed out that the ordinance prescribes a cumulative sentence, whereas only an alternative sentence is authorized by the charter. There is no doubt that the ordinance-is invalid in so far as it exceeds the maximum punishment authorized by the charter. We are of the opinion, however, that in view of the portion of the act creating the new charter which expressly continues in force all prior ordinances of the city not inconsistent therewith, the ordinance is valid in so far as it authorizes a fine of $100, with an alternative sentence to work on the public works of' the city not exceeding 60 days. It was evidently the intent of the-legislature, in inserting this section in the act creating the new charter, to continue in force the existing ordinances of the city in. so far as they were not inconsistent with the new charter. The city
2. The evidence fully authorized the judgment of guilty; and there is no merit in any of the assignments of error.
Judgment affirmed.