The opinion
MORRISON, Judge
(concurring).
I agree to the denial of this application for writ of habeas corpus but feel it necessary to state my views. As I see this case, it is a violation of a speed regulation which the Legislature by Article 6701d, Section 169, V.A.C.S., delegated to the governing bodies of the respective cities the right to set the maximum prima facie speed limits in certain areas within their jurisdictions. But Article XI, Section 5, of the Constitution, Vernon’s Ann.St., prevents the city from providing a punishment other than that provided by statute. This being so, the ordinance is valid insofar as it sets the speed limit and void insofar as it attempts to set the punishment. Ex parte Henson, 49 Tex.Cr.R. 177 , 90 S.W. 874 .
*674 This prosecution is maintained by the Act of the Legislature as implemented by the Act of the City Council of the City of San Antonio.