Show City Produce License Fee Is Ruled ed Invalid Judge Holds Commission Lacks Authority to Frame Ordinance for Merchants Holding that the city commission has no authority to frame an ordinance ordinance ordinance nance requiring wholesale produce merchants to pay a license fee City Judge C C. F. F DaThy Dalby Thursday handed down an opinion in which he declared de de- de- de dared the ordinance invalid Judge Dalbys Dalby's ruling was given in connection with a general defense demurrer in the case of Nick Gladys wholesale produce merchant who was was was' arrested last fall at the Growers' Growers Exchange market West Temple between between be be- between tween Fourth South and Fifth South streets for alleged ed failure to pay the license fee Mr Gladys pleaded not guilty in police court over which Dalby was then presiding Judge Dalby has had the defense demurrer under advisement advisement advisement advise advise- ment for some time The ordinance was passed b by the city commission last summer and was amended November 4 1931 to provide provide pro pro- provide vide that all wholesale produce merchants merchants merchants mer- mer chants must pay a license fee of I per year City Attorney Shirley P. P Jones said he was undecided whether the case will vill be appealed to Third district court |