The Arkansas advocate., 1832-08-01
the rovers of the Mayor, daeonneotea

tho powers oi the 11aJos, ugeonaected l with tine Council.
 I By an act passed at the last session oi I the Legislature, entitled q an act for II, e Iincorporatipno of the town of Little Rock, l 2 nd for ether purposes. .o various pow rs
 are delegated to tbe Mayor and Town 1 Council, when organized according to its provisions. They are constituted Iegis-
 iatlYe body for the town, and may enact ordinances to preserve It's health, 10 re-
 move nuisances, provide night watches. erect market houses, 00c. &c., make such 1 bye-laws as they deem proper for the supp pressi0n of vice and immortality, and en- force tlte same, 3c. 4 nd do all such mat
 te rs and things for tie we'll being and good l police of said town, as are not inconsis-
 tent with existing laws.
 l These are the principal powers given to the Mayor, and Gown Conncii In their l legislative capacity; none of which es- 1 pressly authorize the making of ordinan-
 ces or bye-taws on the subject of assaults l Ifsucil power be given at all, 1t is b y@ implication. The power to nals bye.laws for the suppression of vice and immortality, 1 as well as that to do all things necessary for the well heinz and good police Of the town, would seem to embrace almost eY
 cry species of crime; but no one would contend that the Mayor and Town Goun. ell could, under these general grants of power, make ordinances and bye-laWs on the subject of murder or other felonies. The most rational construction, then, to
 be gwen to terms so indefuite and appa.
 rently comprehensive, is, that tte legisa- 1 tnre Intended to confer no power to iiis,tae
 ordlnances and bye-laWs in relation to
 matters already provided for by the gene
 rai laws of the country. It may be said that if the Mayor and Town Council be
 thus restricted tn their sphere of action, l as a legislative body, the object of incor-
 poratlon will never be attained. This, however, would be unjust conclusion,
 as ample power is given, (aIthough not to
 the Mayor and Town CounciD in the.due
 exercise of which, offences of every grade may receive their appropriate punishment
 1t IS to be found in the enumeration of powers delegated 10 the Mayor, uncun- aected with the Council, which will now
 be considered, and forms tue second dues- ton involved in the motion to discharge.
 He moment tlic Mayor Is regularly in-
 stalled into office, he is declared by the
 act ot1ncorporatlon to be q censervator of
 the peace, and not only empowered, but actually required, to do and execute all such matters and things within the limits of the town as Justices of the Peace for ! the Territory may and can lawfully do.
 In an examination, therefore, of lis pow CTS and duties, 1t would be necessary 10 ascertain those Of Justice of the Peace,
 as regulated and defined by the laws of the Territory. Acting in that character, he might issue warrant, uponproper infor- 'natlon, for the arrest of any ierson char ged With felony, and, 1pon examinations bind oyer for further trial or commit to In ac f4fa H,47t or breach of the peace in his presence, or fupen the oath ofa credible person, lie can 1 cause the offender 10 be brought before him, and upon confession, or the verdict of guilty of jury of l2 men, impose a hne of not less than five nor more than twenty dollars. He may cause recogni- zanees to be entered into, in certain ca ses, for keeping thopeace, issue warrants for the apprehension or vagabonds, 6c Sc The duty Is likewise imposed upon him 10 execute the laws and ordinances of the Council, and sec ttat they are faithfully | observed.
 Entertaining the opinion that no power has been delegated to tle Mayor and Town
 Council, in tieir legislative capacity, to
 make ordinances and bye-laws, on t1is subject of offences for the punishment oi
 which the general laws of the country 1 provide, 1t follows that the ordinance ii,i- posing fine of thirty dollars for an as. saaIt, IS void and that smith, who has heen fined and committed for it's syiolaties. 1 IS improperly in custody. The imprisoa iment would have been equally unauthor5 1 zed if fhe Mayor had acted in the matter
 as Justice of the Peace, there being
 no power given in such cases to impose a l line of thirty dollars. Fhc prisoner.
 therefore, must be discharged