O'Neal v. Harrison

The opinion of the court was delivered by

Mason, J.:

The city of Hutchinson adopted an ordinance for the disposal of garbage, providing among other things that no person except one designated by the municipal authorities should remove it through the streets, and that a contract for its removal should be let to the highest responsible bidder. The persons who were awarded the contract brought an action to restrain others from engaging in the business. A demurrer to the petition was sustained, and the plaintiffs appeal.

The sole question presented is the validity of the ordinance. The defendants…