Page:City of Little Rock v. Reinman-Wolfort Automobile Livery Co.pdf/11

184 making the classification and we do not regard it unjustly discriminative. It operates alike upon all persons similarly situated within the territory defined and the council had the right to pass it even if it should not meet all possible conditions that might exist, as said in Ozan Lumber Co. v. ''Union Nat. Bank'', 207 U.S. 251. "It is almost impossible in some matters to foresee and provide for every imaginable and exceptional case and the Legislature ought not to be required to do so at the risk of having its legislation declared void, although appropriate and proper upon the general subject upon which such legislation is to act, so long as there is no substantial and fair ground to say that the statute makes an unreasonable and unfounded general classification and thereby denies to any person the equal protection of the laws. In a classification for governmental purposes there can not be an exact exclusion or inclusion of persons and things." See also Williams v. State, 85 Ark. 464.

It is next contended that the ordinance is void because it fixes penalties for its violation beyond the power of the city to prescribe. But if this contention be well founded it does not render the ordinance invalid since under its terms, by a statute expressly authorizing it to be done the penalty would be reduced upon convictions for its violation to the amount prescribed by law in such cases. §§ 5466-7 Kirby's Digest; Eureka Springs v. O'Neal, 56 Ark. 352.

The ordinance was a valid exercise of the city's power, under the statute authorizing it to regulate livery stables, and the decree of the lower court is erroneous.

It is reversed and the cause remanded, with directions to dismiss the complaint of appellees for want of equity.