The Marlin Democrat
Marlin, Texas, Thursday, March 3, 1904

HELD TO BE UNCONSTITUTIONAL
~~~~~
Ordinance Prohibiting Shooting Of
Fire Works In City
~~~~~

     An important decision was handed down by Judge Hunnicutt in county court Monday morning.
The case of the state of Texas vs Simeon Alexander, appealed from the corporation court of the city of Marlin was under consideration.
     Alexander was charged with shooting fire crackers on the streets of Marlin in violation of Article 90, of the revised ordinances of the city of Marlin, adopted In 1895.
     The article in question prohibits the shooting of fire crackers on the streets except under "authority of the mayor". Judge Rice for the defendant, attacked the constitutionality of the article on the ground that the council had no right to vest authority to suspend in the mayor or any one else, that prerogative being alone vested in the legislature by the constitution.
     The court held with the view of Judge Rice, to which City Attorney Spivey objected and gave notice of filing motion for a new hearing.



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