The times. [volume] (Richmond, Va.) 1890-1903, 1900-10-21
CIT AT ORINEY
ON CURlFEN Law
Says it's Constitutional and Ordinance
is Carefully Draws.
/. COUNCIL MAN GLENN ElATED
Saws il is Constitutional and Ordinance
Pleased With Mr. I'oIlara.s Prompt
and Able Compliance With the Re-
quest of the Comni,tec-Mcet-
ing TO &c Hold Soon.

CITY Attorney Pollard has just prepared
an Interesting and voiusn:nons opinion re-
EaTGng Councilman Harry Gienn's curfew
ordinance. Which. win be presented to the
Council COMMITTEES on Ordinances when
that body meets to consider the measure,
Which VIII be N a few days. Mr.. Glenn IS
highly eisted over the opinion Of the CITY
Attorney. wiicll. he says, covers me Dues
Ton abby and fnily. Mr. Pollard writes
The Committee on Ordinances as follows:
THE OPINION.
GeHtfe-nel.-f3y your request, have mao
under consideration the question Of the
co1sss.tuaoraiity OF a proposed oTalnahce'
emitted An ordinance prohibiting cslioftil
under fifteen years OF age from gong on
the streets. alleys or public PAGES IN the
csty of Richmond at night after certain
hours. and, IN Response, i beg 10 make
The following report:
1t is undoubted.s, true that unless the
power 10 pass tl1e proposed ordinance EaS
BEEN conferred upon the City touncii,
either by general statute or by the c!iateef
OF the city OF Rtchnoad. the power GOES
not exist. By section 1858 OF the Code the
Councils of every city and town in She
Commonwealth are vested with the power
10 pass all ordinances necessary Ito pre-
serve pace and good or6er1 and py sec
ton 70 OF the charter of the city OF Rich
mond it is provided that the City Council
nances bylaws. orders and regulations
as they may deem desirable to carry out
certain enumerated powers which are
vested in them; and among these, by SUD
section a, is the power 10 prevent wee
and immortality 10 preserve puoIlc peace
and good order
] am Of The opinion that under the gene
raj statute above referred to-certa!nly IN
der the charter of the city-the power TO
pass The proposed ordinance was intended
TO be conferred upon the City Council;
and, unless there IS some conSutuaona1
inhibition against the conferr!ng or such
power. then The ordinance may be legally
adopted.
ONLY POLICE, POWER.
In The exercise of this power the city IS
undoubtedly exercising what Is known III
the textbooks as the police power Inc
extent of and Limitation upon the police
mowers Of a State have been discussed by
mary law writer's and in many adjlIdteated
cases In speaking of tbs police powers
of ,he States. Mr.. Cooley says: THE
7,ol:cez of a state. in q comprehensive
sense, embraces its Whole system OF m
aernal regulation, by which the state
seeks. not only to preserve the pupiic or
der and 10 prevent offenses against the
State. but also 20 establish for TIE inter-
course of citizens wish citizens those riies
OF good manners and good neiSHaorhood
which are calculated to prevent a conlilct
of rights. and TO insure TO each the until
te17alpted enjoyment of his own 50 Tar as
IS reasonably consistent with a IKE ENJOY
lueui OF rights by others.
yslacksto,le ,seii.leS il 10 be the due reg
,;rafinr and domestic order of the king
dom, whereby the inhabiiants OF a Staie'
like members of a weli-goVeTned 1ainliy,
are bound TO conform their general pc
havior 10 the rules OF Iro,r2etS, tsoou
1leigi,borf1ooa. and good manners ana 70
izFs5.F.17- i,7,1I,etr:ollss ana ino1fsnsige N
their respective stations
cooley on constitutional Limitations. p.
.u.; Rlacksto-le's Commentaries TO-. IN
.speak.:lcs OF tn difficulty IN defining t:a9
extent OF The po!tce power ~ .7io-is
-7Iiss:Ssi;l;,i. 10t L. S, SD, 1t was SAD:
MANY attempts have been mace II th!s
court and elsewhere 10 define the ponce
,.1,yer but never with entire Success. II
Is always easier 20 determine "hethef d
rar.t,.tla- case CONES within me general
scope o. the power than 10 give an az
siract. definition Of the power .ts.sf which
will be III all respects accurate.
SUBJECT no LIMITATION
While every citizen has the constitutional
guaranty of life, liberty ard enjoyment Oh
his property. and they cannot be taken
AWAY from him. except by due process o.
law: vet social and conventional Iishts
are, however subject 10 reasonable Hmi-
tations in their enjoyment-such
ii,,itations as will prevent them from
being dangerous and hurtful TO the body
polite: and the iaw-malling department
Of the government. under the power vested
N ii BIZ the constitution. can enact laws
providing for such reasonable restraints
and regulations Us are necessary and eN-
pedieilt 10 secure social order and public
morals
M. cooley. the most approved writer
IN constitutional Law, says: IT is sufficient
For US 10 have pointed out that, IN add
don 10 the power to punish naisdemeanors
and felonies, the State has also the au-
,hority TO make extensive and varied resu-
iations as to The time, mode and clrcun-