Hood

In response to a writ of certiorari issued by this court and directed to respondent as recorder of the city .of Tropico, the proceedings had and taken in the recorder’s court presided over by respondent in a certain action wherein petitioner was convicted of the violation of a city ordinance, have been transmitted to this court for review.

The city of Tropico is a municipal corporation of the sixth class, empowered, among other things, (1) “to pass ordinances not in conflict with the constitution and laws of this state, or of the United States”; (16) “to establish and maintain fire limits and regulate building and construction and removal of buildings within the municipality.” Pursuant to such power the board of trustees adopted an ordinance prescribing certain rules and regulations for control in the construction and removal of buildings, and fixing a penalty for the violation thereof. This ordinance provided for the appointment of a building inspector, who was authorized to issue permits for the construction, repair, and removal of buildings, upon the applicant therefor complying with the rules and regulations prescribed by the ordinance; and by section 2 thereof declared it…