this rule an ordinance has been declared void which fixed one rate of license for selling goods which are within or in transit to the city, and another rate for goods which are not within or in transit to the city; so also one requiring municipal licenses from nonresidents driving interurban carriages or omnibuses into the city. And it has been held in New Jersey that whenever a by-law seeks to alter a well-settled and fundamental principle of the common law, or to establish a rule interfering with the rights of individuals or the public, the municipality must show its authority under plain and specific legislative enactment. It has also been held that an ordinance which prohibits any person bringing second-hand clothing into a city or town, or exposing it for sale therein, without proof of its non-infection, is an unwarranted interference with trade.

Ordinances to the following effect have been declared invalid as contravening common right: One imposing a license tax for selling lemonade and cake at a temporary stand on the sidewalk; one requiring a license fee of three hundred dollars from an auctioneer, two hundred dollars from butchers, and twenty dollars from a peddler; one forbidding hotel runners from going within twenty feet of a railroad train, though permitted to do so by the railroad company; and one forbidding the renting of private property to lewd women.

Must be consistent with public policy. Where a statute prohibited incorporated towns from subjecting the stray animals of non-residents to corporate ordinances, a by-law visiting a penalty on the non

resident owner was held void; and also, in the same state, the ordinance of a municipal corporation with charter power to pass all by-laws deemed necessary for health, cleanliness, etc., and with power to abate nuisances, which restrained cattle from running at large, was held void as being in contravention of the general policy of the state to allow animals to run at large. And where the general statutes of the state abolished the system of hay inspection, and in lieu required the sellers of hay to prepare their hay for market in a particular manner under penalty for non-compliance, a city ordinance prohibiting the sale of pressed hay without inspection was declared void as in conflict with public policy.

45.

Ordinance must not be unreasonable.—This rule belongs to that class of rules whereby the judiciary have reserved to themselves the power of doing justice in hard cases. Under it the following ordinances have been declared to be unreasonable and void: An ordinance exacting a license from peddlers in the discretion of the mayor; one requiring the building of a sidewalk in an uninhabited portion of the city; requiring all peddlers to pay a license fee of two hundred dollars per month; requiring transients to pay two hundred and fifty dollars per month, and so one requiring a license of ten dollars per day for an itinerant merchant; an ordinance forbidding the running of street cars during the winter months without vestibules; also one prohibiting laundries except in brick or stone buildings; one regulating the weight of baker's bread, prohibiting the sale of loaves weighing less than one and one-half pounds;

one forbidding the covering of packages of fruit with colored netting; one forbidding to drive faster than an ordinary gait; an ordinance exempting from license required of milkmen a dealer having not more than two cows, and delivering by hand; also one requiring license of sojourning auctioneers only; one prohibiting any vehicle used to carry passengers or freight for hire from standing in front of any hotel except when actually engaged in receiving or discharging passengers or freight; also one requiring a street car company, under penalty of twenty-five dollars, to sprinkle its track; also one compelling the construction of a cement sidewalk in lieu of a substantial plank walk; imposing a tax of fifty cents a pole on an electric company; an ordinance requiring a railway company with only one night train, passing at eight o'clock, to keep an electric light at every street crossing from dark to dawn; one requiring railway companies to keep flagmen by day and red lanterns by night at ordinary street crossings where there was no unusual danger; one prohibiting the company from moving its cars across the street for the purpose of distributing them in its yards between the hours of six a. m. and eleven p. m.; one requiring a theater manager to pay a police officer two dollars per night for attendance at the theater to preserve order; prohibiting any person from permitting drunkards or disorderly persons to assemble at his house, tavern, inn, saloon, cellar, shop, office, or other residence or place of business.

46. What are reasonable and valid ordinances.On the contrary, ordinances impeached as unreason

able have been sustained as valid in the following instances: Forbidding the keeping of a livery stable in a certain locality, or shoddy or carpet cleaning in a particular neighborhood; one requiring itinerant dealers to pay more license fee than regular merchants; a license of peddlers exempting home producers; an ordinance prohibiting a hotel porter from soliciting on the premises of railroad companies; one limiting the speed of trains to five miles an hour and requiring bell ringing within the city limits; one forbidding such amount of drum beating and horn blowing on the streets as to annoy citizens; one requiring bicycle riders to ring a bell on approaching a crosswalk; one establishing a hack stand; one requiring a passenger on a street car to use his transfer within a time limit, and prohibiting him from selling or transferring the same; one requiring stages and other vehicles to keep off certain narrow and crowded streets; one forbidding sellers of perishable fruits from keeping their vehicles longer than twenty minutes at a stand on a public street between certain hours of the day; one forbidding a hackney coach to stand within thirty feet of an entrance to a public building; one requiring vehicles for hire to occupy designated stands. So also an ordinance regulating the handling of trains in a city is valid which forbids trains from standing across a public street longer than two minutes, or from stopping on a public street crossing except in case of emergency; requiring flagmen at dangerous crossings; forbidding strangers from getting on or off moving trains; also ordinances requiring street railway companies to make quarterly

reports of the number of passengers carried; requiring them to pave the streets through which their tracks run; to provide a driver and conductor on each car. A city may likewise regulate markets by ordinance providing that huckster wagons shall not stand in the market place for more than twenty minutes during certain hours; that fresh beef shall not be sold in less than quarters except between dawn and nine o'clock a. m.; that only licensed occupants of stalls shall offer meats for sale at retail.

Liquor selling. And, in regard to liquor selling, ordinances have been held valid which limit the licenses to one for each one thousand of population; so of one which limits the district or precinct in which liquor may be sold; which prohibits druggists from selling except from prescription; which forbids license unless assented to by two-thirds of the freeholders within a radius of three miles, or without the consent of the county officials; so of one which requires closing of saloons at nine, ten, and eleven o'clock at night, respectively, and from half-past ten to five a. m., and from midnight to five a. m.

Sanitary and police. So also ordinances have been sustained which require lot-owners to clean the snow from the sidewalk; that require restaurants to close at ten o'clock at night; that require keepers of hotels, restaurants, and boarding-houses to report the names of lodgers or boarders, and pawnbrokers to report property received, and description of persons delivering the same, and which prohibit them from purchasing the articles pawned; also ordinances requiring garbage to be removed in a closed vehicle labeled