Mexico weekly ledger., 1891-07-16
THE REVISED ORDINANCES.
Judge Hughes Renders q Decis-
ion Which Declares the New
City Ordinances Not in
Force.

1
validity of the revised ordinances
of this city:
The first question presented il
as to the validity of chapter 15 and
chapter 81 of the revised ordinances
of the city of Mexico, 1891. Section
7..of article l of the charter of Mexico
provides that all ordinances, orders
and resolutions, before such shall
be in force, shall be signed by the
Mayor OK other person acting as
such at the time and published and
duly recorded in a substantial
book to be provided for that pur-
pose; section 81 of article 6 pro.
vides that all ordinances shall be
passed pursuant to such rules and
regulations of the board of the City
Council as that body shall provide
and shall be published in thirty
days thereafter in some newspaper
published in the city of Mexico,
and shall cot be in force until SO
published. Section of article 5
provides that the Mayor, or in his
absence the chairman pro tenn.
shall preside at all meetings of the
City Council and shall have cast
ing vote when the Council shall be
equally divided, and none other
shall sign all bills before they shall
become Ordinances, etc. Under
these sections of the charter no
ordinance would be valid without
its first being signed by the Mayor
proper or pro tempore, recorded and
published within thirty days after
its passage in some newspaper pub
lished in the city of Mexico. Ex-
partee William Bedell, 20 Mo. Ap-
peal, page l25. These three things,
signing by the Mayor proper OF
pro te1npoTe, recording and publish.
ing, are essential to the validity of
every new ordinance. 1t is not
necessary that an ordir ance passed
before the revision and merely con-
tinued in force and which has once
been signed, recorded and publish
ed, should again be recorded and
published, but it should be signed
by the proper officer. 1t is admit
ted by the parties that chapter
Is and chapter 81 of rec
ord 1891 are entirely new and
hence must have been signed,
recorded and published as requir-
ed by the charter, before they were
in force.
1t is agreed by the parties that
chapter Is was passed, and signed
by the Mayor on the 23d of Febru.
ary, 1891, and that the same was
published in the Mexico Intelligen-
Ger on the Sd day of April, 1891.
Here is a plain failure to publish
within thirty days after its pas.
sage and consequently under the
charter, chapter Is is not in force.
Chapter 81 (also a new ordinance
was not recorded at all or publish.
ed within thirty days after its pas.
sage and it is also not in force.
The result is, that chapter II OF
Revised Ordinances, 1883, is now
in force. But, it is contended that
Sections % and "a, Art. IL, Revised
Ordinances, 1888, are invalid be-
cause they do not except from the
operation of the ordinance one who
has been threatened with great
bodily harm, ETC., and consequent.
ly does net conform to the State
law as now provided by Sec.
ton 1902, Revised Statutes,
1889. This very question was be.
fore the Court of Appeals in City
of Linneus vs.. Dusky (19 Mo. App. )
and it was there ruled such an or.
dinance was in harmony with the
State law.
1t is therefore ordered that the
prisoner being detained in custody
by virtue of the final judgment Of
a competent court of civil jurisdic
ton. be remanded to the custody
of W. R. Kemp, Marshal of the
City of Mexico.
| e. M. HUGHES,
| .Iudoe Third Judicial Circrlit