Anderson v. City of Wellington
Anderson v. City of Wellington, 40 Kan. 173 (1888)
Winning Party
Isaac Anderson
Key Issue
Violation of City Ordinance No. 422
Case Type
MUNICIPAL
Facts
•
Anderson and others were arrested and convicted in the police court, and again in the district court.
•
The ordinance was published in the Wellington Morning Quid-Nunc.
•
Isaac Anderson and others, members of the Salvation Army, paraded on Washington Avenue, singing and playing tambourines, without the mayor's consent.
•
The City of Wellington passed Ordinance No. 422 regulating street parades.
•
The ordinance made it unlawful to parade on public streets with music or singing without the mayor's consent, with exceptions for funerals, fire companies, militia, and U.S. troops.
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Key Holdings
•
City Ordinance No. 422 is invalid because it exceeds the city council's delegated powers, unreasonably restricts the rights of the people to assemble and parade, and vests excessive discretion in city officials.
Citations
Anderson v. City of Wellington, 40 Kan. 173 (1888)
Legal Reasoning
The court reasoned that the power to pass a city ordinance must be expressly granted or necessarily implied and essential to the corporation's purposes. Any doubt is resolved against the corporation. The ordinance must be reasonable, consistent with state laws, and not infringe on fundamental rights. The court found that the ordinance in question was an unreasonable restriction on the right of the people to assemble and parade, and that it gave too much discretion to city officials. The court also noted that public parades are not inherently unlawful and should be regulated, not prohibited, unless they become a nuisance or unlawful assembly.
Outcome
The judgment of the lower court is reversed, and the case is remanded for further proceedings in accordance with the opinion.
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