Darcantel v. People's Slaughter House & Refrigerating Co.
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. Ellis, J. 1. Under Art. 248 of the Constitution and the charter of the city of New Orleans. Act of 1882, the council has the power to regulate the slaughtering of animals-within the limits of the city, but not to establish any particular slaughterhouse. The power to i egulate is distinct from the power to establish or create. Dillon, Munic.
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APPEAL from the Oivil District Court for the Parish of Orleans. Ellis, J. 1. Under Art. 248 of the Constitution and the charter of the city of New Orleans. Act of 1882, the council has the power to regulate the slaughtering of animals-within the limits of the city, but not to establish any particular slaughterhouse. The power to i egulate is distinct from the power to establish or create. Dillon, Munic. Corp., Secs. 362 and 380, et seq.; First Municipality vs. Cutting, 4An. 836; Chicago vs. Rumpfi, 45 Ill. 90. 2. The city of New Orleans can not grant a franchise unless the power has been,…
1Opinion of the Court
*635The opinion of the court was delivered by
Fenner, J.
The following ordinance and amending ordinance were adopted by the City Council of New Orleans:
No. 5180 — Council Series.
1! Whereas, The sanitary conditions and conveniences of slaughter houses supplying this city are defective and obsolete, and constitute a monopoly contrary to Art. 248 of the Constitution of Louisiana; and
“ Whereas, The inspection now provided by law is deficient and. beyond the control of the city of New Orleans; and
“ Whereas, It is of vital importance that all the articles of human food be subjected to a right inspection;…
2Cases cited2 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
3Cited by6 opinions
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- New Orleans Baseball & Amusement Co. v. City of New OrleansSupreme Court of Louisiana · 1907
- Morse v. Board of Medical ExaminersCourt of Appeals of Texas · 1909
- Lewis v. D'AlborSupreme Court of Louisiana · 1906
- Lewis v. SandellSupreme Court of Louisiana · 1907
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