Ex parte Green

McFarland, J., dissenting.

I dissent. The maximum term of imprisonment prescribed by the ordinance is ten days; and I do not think that the petitioner can be legally imprisoned longer than that time. The law under which he was tried is, not the charter, but the ordinance; and as that law prescribes ten days as the maximum term of imprisonment, he cannot, under the general statutory rule, be imprisoned longer than that time under the guise of working out a fine.