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CHARLES STORES COMPANY v. TUCKER

No. 445.

140 S.E.2d 370 (1965)

263 N.C. 710

CHARLES STORES COMPANY, Inc. v. Justus M. TUCKER, Chief of Police for the City of Winston-Salem, North Carolina, M. C. Benton, Mayor of the City of Winston-Salem, and Floyd S. Burge, Jr., Archie Elledge, George W. Chandler, W. N. Schultz, Carl H. Russell, Carroll E. Poplin, Dr. Frank R. Shirley, and Douglas B. Elam, Members of the Board of Aldermen for the City of Winston-Salem, North Carolina.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

Cannon, Wolfe & Coggin, Greensboro, Hatfield & Allman, Winston-Salem, for plaintiff.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendants.

SHARP, Justice.

The General Assembly, by G.S. § 160-52 and G.S. § 160-200(6), (7), and (10), has delegated to municipalities the power to enact ordinances requiring the observance of Sunday. In addition to these general powers granted to all municipalities, it has granted to the City of Winston-Salem in its charter the specific authority "to regulate the due observance of Sunday." N.C. Priv.L. (1927) ch. 232, § 37, p. 434. The provisions of the ordinance...

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