WOLVERTON, District Judge.
This case was presented upon motion of the defendants to dismiss. It arises out of the contention that a certain ordinance is void as in contravention of plaintiff's constitutional rights. On June 6, 1917, an ordinance, entitled "An ordinance on public safety and general welfare," was adopted by the city of Portland. Its article III related to "Fire Prevention." On April 11, 1923, article III was amended to read:
"It shall be unlawful...
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