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Show SUPREME COURT OPINION. In ihe Supreme Court nj L'tik Ten lory. January Term, 1878. The People, etc., Respondents, 1 Maroui Brown und Robert j Suudden, Appellants. J BorBmiiu, justice, delivered the opinion of tbe court. Julius Keiael was arrested, tried and punished in Ogden city for violation vio-lation of an o dinauce of that city against assaults and, batteries. Maroni Brown was the city marshal of Oden and waa tbe party who ar mled and imprisoned said Kuiuul, ''jnd Robert tin add en was aiding 'J5mwn in some respects. F.ir this arrest und imprinnment of Keisel said Brown and Suadden were indicted and fiuud in the Tnird district court, aud (rum the judgment ot the district court aaid Brown and Snadden appeal to this court. The principal point is as to the validity of the ordinance under which said Keisel wab arrested. No express authority is civen in the charter of Ogden city to pass ru :h an ordinance; but it is urged that it is implied to exist under tlie Kouerai we If re clause " to regulate the polire." An implied power is such as is necessary in order to carry into e fleet Ibose expressly t run ted, and where personal riguts and liberty are involved, in-volved, the charter powers of every municipal corporation are to be strictly conslruud. The power to punish for an aot of the character referred to, does not Beern to be necessary neces-sary in i rder to carry into eflect the general wellure clause, and under a lair construction such power does not therefore exist, and cannot exist except ex-cept by express words to that effect. Indeed, if under simply a general welfare clause a city can pass ordinances ordin-ances against assaults and batteries, it i difficult to conceive to what extent ex-tent a oily government might not go under such a clausn. We deem the ordinance unauthorized aud void. This piiot bbiug decisive of the case, it ib not necessary to refer to any of the points raised. The judgment ot the district court is therefore affirmed, with costs. Territory of Utah, 1 Salt Lake Cuuly, J I, Ezra T. Sprague, clerk of tbe supreme court of said territory of Utah, do hereby certify thai the j annexed and loregoing is a full, true and correct copy of the opinion of said court in the cause therein en- i titled, on file at my office. , In testimony whereof, I have hereunto here-unto set my hand and the seal Sea of Baid court, this 12th day of February, A.D. 1S7S. 1 E. T. SraAGUB, Clerk. |