Page:City of Little Rock v. Reinman-Wolfort Automobile Livery Co.pdf/3

176 was granted to regulate all livery stables; and the power to regulate includes the power to restrict to certain limits. 41 Am. St. Rep. 630, 633, and other authorities cited above.

The ordinance may be sustained as a delegation of power by the State to the city, by section 5648, Kirby's Digest, sub-div. 4, which provides that the city may prevent or regulate the carrying on of any trade, business or vocation of a tendency dangerous to morals, health and safety. 49 Am. St. Rep. 227; 26 Id. 664; 30 Id. 214; 100 Ind. 575-578; 7 Cow. 606; 12 Wheat. 19; 4 Rob. 1; 90 Am. Dec. 281. See also Kirby's Dig. §§ 5437–8, 5454, 5461; 70 Ark. 12. When a city has by ordinance exercised the police power delegated to it by the State, it is as conclusive upon the courts as any legislative enactment, so long as such power involves a matter of discretion only, and not the fundamental law. 204 Ill. 456; 162 Md. 399; 33 Mass. 442; 58 N.E. 551; 49 Am. St. Rep. 93; 197 Fed. 516; 26 Am. St. Rep. 659, 662, 666; 96 Aik. 199; 16 Wall. 62; 113 U.S. 703; 113 U.S. 27; 96 Am. St. Rep. 95, 97; 152 U.S. 136; 113 U.S. 27; 128 U.S. 1; 225 U.S. 623; 194 U.S. 361.

3. The chancery court had no jurisdiction to restrain the enforcement of the ordinance. 85 Ark. 230; 34 Ark. 375; 34 Ark. 559; 39 Ark. 412; 44 Ark. 139; 7 Ark. 520; 13 Ark. 630; 26 Ark. 649; 27 Ark. 97.

4. All reasonable presumptions will be indulged in favor of the validity of the ordinance. 88 Ark. 263; 52 Ark. 301; 64 Ark. 152; 63 Atl. 930; 107 N.W. 502; 105 N.W. 794; 42 N.E. 622.

Argument for appellees
Morris M. Cohn, for appellees; Baldy Vinson, of counsel.

1. The ordinance is discriminative and invalid in that it is made to apply to livery stables and not to sales stables, whereas, if there be any serious objection to either, the sales stables are more objectionable. 2 McQuillan, Mun. Corp. § 738; 48 Minn. 236, 51 N.W. 112; 75 Ark. 542; 184 U.S. 540; 165 U.S. 150.