—In this сase an application for writ of habeas corpus was presented to the Hon. W. L. Davidson, Presiding Judge oi this court, in vacation. The writ was granted, returnable to this court in session at Tyler.
The case has been carеfully briefed by both parties, and we have had the benefit of oral argument on both sides.
Relator was arrested by virtue of a warrant issued on a complaint charging him with violation of the city ordinance of the City of Fort Worth, which prohibited the conducting of saloons without the limits fixed and prescribed by the Board of Commissioners of the City of Fort Worth, acting under a special charter granted by the Thirtieth Legislature, which in terms authorizes said commissioners, and made it their duty to fix saloon limits within said city. It is admitted in express terms, both by written agreement and in oral argument, that the ordinance complained of was duly pаssed as provided by law by said Board of Commissioners. No question is made as tо the reasonableness of the saloon limits so fixed.
Relator seeks disсharge and attacks the validity of the ordinance fixing the saloon limits in Fort Wоrth on three propositions: First. Because “The Constitution of the State of Texas having prescribed a method by which the sale of intoxicating liquors may be prohibited within this State, -such method is exclusive of all others, and the Legislаture was without authority to prohibit the sale of intoxicating liquors by legislative еnactment within any portion of the territory of this State. *386 Second. If the Legislature possessed the power to prohibit the sale of intoxicating liquors within the territory prescribed by it, this power could not be delegated by the Legislature to the commissioners of the City of Fort Worth, and the provision in said city charter whereby it is attempted to confer such authority upon the said Board of Commissioners is unconstitutional and void. Third. The provisions of the spеcial charter of the City of Fort Worth which purports to confer upon the commissioners of said city the power to fix and prescribe saloon limits for said city, which became effective on the 9th day of February, 1907, wаs repealed and superseded by the subsequent Act of the said Thirtieth Legislаture, approved April 18, 1907, and known as the Baskin-McGregor liquor bill."
We think all thesе contentions must be ruled against the relator. It was distinctly held by this court in the cаses of Ex parte Levine,
.The Legislature of this State is authorized to empower city councils by special charter to рrescribe the boundaries and limits within which the sale of liquor shall be prohibited by lаw, and such local authorities may define and limit the area within which alonе such sale may be lawful. This was distinctly ruled in the case of Cohen v. Rice,
The contention and claim of relator that the provisions of the speсial charter of Fort Worth authorizing the fixing of saloon limits were repealed and superseded by what is popularly known as the Bask'in-Mc-Gregor bill, was рassed on, in effect, in the case of Williams v. State,
There being no merit, as we believe, in any of the contentions of relator, it is ordered that he be and is hereby remanded to custody.
Relator remanded to custody.