Helena v. Dwyer
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. The determination of the council that anything is detrimental to public health is conclusive, unless' it vitiates express statute or constitutional law. 1 Dillon, Mun. Corp. § 144, and cases cited.
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Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. The determination of the council that anything is detrimental to public health is conclusive, unless' it vitiates express statute or constitutional law. 1 Dillon, Mun. Corp. § 144, and cases cited. The town council had power to pass the ordinance in question, because it is a sanitary regulation. 1 Gill, 264; 11 S. E. 545; S. 0. 8 L. R. A. 854; 94 U. S. 147; 67 111. 37; 33 Cal. 279; 19 Ga. 323; 85 U. S. 138. The ordinance is not a restraint on trade, but a lawful regulation of it. The council is given power by statute to pass such…
1Opinion of the CourtBattle, J.
The city council of Helena enacted the following ordinance:
“Whereas, the municipal board of health of Helena, Arkansas, at a regular meeting, held on the 30th day of April, 1880, declared the sale of fresh pork detrimental to the health of the citizens of Helena; therefore, be it ordained by the mayor and council of the city of Helena:
“Section 1. That it shall not be lawful for any person or persons to sell, or offer to sell, within the city any fresh pork, or sausage made thereof, between the first ■ day of June and October in each year.
“Section 2. That any person or persons violating this…
2Cases cited9 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Carter v. StateSupreme Court of Arkansas · 1973
- Williams v. StateSupreme Court of Arkansas · 1908
- Bennett v. City of HopeSupreme Court of Arkansas · 1942
- Johnson v. ElliottCourt of Appeals of Texas · 1914
- McClendon v. City of HopeSupreme Court of Arkansas · 1950
5 more not listed; retrieve them via the Exa API.