58 Kan. 809 | Kan. | 1897
Frank Palmeter was imprisoned under an order of the police judge of Osage City, and in this proceeding he seeks release, alleging that the order is invalid and his imprisonment illegal.
There is an ordinance in Osage City, a city of the second class, prohibiting the sale of intoxicating liquors. Another ordinance, in relation to the enforcement of said ordinance, contains a provision that, if the
The absence of express legislative authority for the passage of an ordinance conferring power to punish as for contempt, is conceded ; but it is contended by the city attorney that implied authority'can be found in the general-welfare clause, providing for the passage of such ordinances as may be deemed expedient for maintaining peace, good government, and the welfare of the city. Gen. Stat. 1889, ¶ 824. Gan power of this character rest on mere implication or inference? To adjudicate a case of contempt and imprison therefor is generally held to be the highest exercise of judicial power. The Legislature can create courts inferior to the Supreme Court, and in certain cases can vest power of this character in judicial instrumentalities. "Where the power to imprison for contempt rests upon statute, as in this case, it is generally held that it is not to be inferred but must be clearly expressed. There is certainly room to doubt whether the Legislature can delegate to a city council the power to create a tribunal and vest it with judicial power of