57 Minn. 14 | Minn. | 1894
No question is made against the validity of section 1 of the ordinance, standing alone; the only claim of defendant being that section 2 makes the entire ordinance void. Conceding
Tested by this rule, section 1 would not fall though section 2 should go down. Section 1 does not depend in any way on section 2. The former is complete in itself. It defines the offense, and prescribes the punishment. The latter assumes to authorize the village justice, in his discretion, to also require of one convicted to give bail to beep the peace and for good behavior. There is no reason to believe the village council would not have defined the offense and prescribed the punishment just as in section 1, except on condition that the justice might, if he saw fit, also require bail; so that, if section 2 be invalid, its invalidity does not affect the other section.
And as the proceedings against defendant were only under the valid section, we need not consider whether anything against him could be done under the other.
Judgment affirmed.
(Opinion published 58 N. W. 685.)