123 Ky. 163 | Ky. Ct. App. | 1906
Opinion by
Reversing.
The city of Madisonville adopted the following ordinance : “It shall be unlawful for any infant or female to go into or be in or drink intoxicating liquors in any saloon or place for sale of such liquors, or any room used in connection with and opening into such saloon or place for the sale of such liquors, or in any billiard or poolroom within the city, or for the keeper or proprietor or controller, or one in charge of such room or place of business, to suffer or permit such infant or woman to drink therein, or to be or remain for over five minutes. Any one violating any provision of this ordinance shall be fined not less than $5 and not more than $20 for each offense. It shall be a defense to this ordinance if the person charged with its viola
By section 3519, Ky. St. 1903, the legality of the ordinances of a city may be tested by either party by appeal to the circuit court and from the circuit court to this court. Counsel for appellee raises the question ihat the summons is defective, but that question was not made in the police court or in the circuit court. The only question determined there was as to validity of the ordinance. If the summons is in any way defective it may be amended. City of Louisville v. Wehmhoff 116 Ky. 812, 24 Ky. L. R. 438, 76 S. W. 876, 79 S. W. 201. In Dunn v. Commonwealth, 105 Ky. 834 20 Ky. L. R. 1649, 49 S. W. 813, 43 L. R. A. 701, 88 Am. St. Rep. 344, a city ordinance prohibiting prostitutes from being on the streets of the city between the hours of 7 p. m. and 4 a. m., except in instances of reasonable necessity to be clearly shown by the party charged, was sustained. The court said: ‘1 Courts and law writers have found it difficult to define the extent and boundaries of the police power. It certainly extends to the protection of the lives, health, and property of the citizens, and to the preservation of good order and public morals. Every citizen has the constitutional guaranty of life, liberty, and the enjoyment of his property; and they cannot be taken from
It will be observed that the ordinance in question is not liable to the objections pointed out by the court. The ordinance in question only prohibits the saloon keeper from suffering or permitting infants or women to drink in the saloon or to be or remain therein over five minutes, and it provides that it shall be a defense if the person charged should show that the infant or female was in good repute, and was at the time sober and orderly, and had the consent of the parent or
Judgment reversed, and cause remanded for further proceedings consistent herewith.