State v. Berard

The opinion of the Court was delivered by

Bermudez, C. J.

The defendant appeals from a recorder’s sentence condemning him to pay a fine for a violation of Act No. 100 of 1878, which prohibits private markets within a “radius of six squares” from a public market in New Orleans.

He charges the unconstitutionality of the law under which the fine was imposed, in this : that it suppresses a lawful business without justification, and that the fine imposed is illegal.

Under Article 81 of the Constitution, the case is before us on the law and on the facts.

On the question of constitutionality raised, it…