OCR Text |
Show ' Complete Ordinance Invalidated by District Judge Hoyt Since we published a report last week that a decision in the District Court rendered by Judge Will L. Hoyt, had invalidated a portion of the Cedar City licensing li-censing ordinance, we have been informed that we were in error in that the whole ordinance had ' beeii invalidated and not just j that portion of the ordinance per-jtaining per-jtaining to the suit. The advice came from A. M. Marsden, who was the defense attorney in the , case tiiat resulted in the decision. deci-sion. Altnough technically the derision deri-sion invalidates the entire ordinaire, ordi-naire, only that portion dealing with the licensing of services , within the city was brought be-' be-' fore the court. The decision handed down by Judse Hoyt stated "the Court is of the opinion that the ordinance herein involved is indefinite and uncertain and will result in inevitable in-evitable discrimination in administration, ad-ministration, and is therefore un-enfoicible un-enfoicible and invalid." It was maintained in the suit that the ordinance was discriminatory, in-defiraie, in-defiraie, vague and uncertain as i to whom it was applicable to and tnerefore in the opinion of the court was unconstitutional. The portion of the ordinance dealing with the licensing of services, ser-vices, such as welders, painters, j electricians, barbers, or any service ser-vice in which the direct sale of materials is involved, was the pan questioned. City officials offi-cials state that while the entire ordinanc will be re-adopted, undoubtedly un-doubtedly the only part that will be rewritten will be the service Mnnncinp sections. |