Legal Opinion

Dupont v. District of Columbia

District of Columbia Court of Appeals

Decided November 4, 1902No. 1234PublishedCited by 3 opinions

In error to the police court of the District of Columbia. The Court in the opinion stated the case as follows: Plaintiff in error, Gerald Dupont, was convicted in the police court upon an information charging the violation of the regulations relating to the removal and disposition of garbage.

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In error to the police court of the District of Columbia. The Court in the opinion stated the case as follows: Plaintiff in error, Gerald Dupont, was convicted in the police court upon an information charging the violation of the regulations relating to the removal and disposition of garbage. The District appropriation act of Congress of June 6, 1900, after appropriating a large sum of money for the collection and disposition of garbage, refuse, ashes and so forth, contained certain provisions prescribing the duties of the Commissioners in respect to the subject of the expenditure. (1) They…

1Opinion of the CourtJustice Shepard

1. The plaintiff in error does not, of course, deny that the reasonable regulation of the disposition of daily accumulating garbage and miscellaneous refuse matter in the District is a subject within the police power of Congress, the execution of which it may delegate to the municipal authorities in general terms. Nor does he deny that the regulations promulgated by the Commissioners, under the authority of Congress, are substantially within the powers attempted to be conferred.

The conviction, therefore, might probably be upheld upon the evidence submitted and agreed upon as constituting the…

2Cases cited4 opinions

  1. Walker v. JamesonIndiana Supreme Court · 1894
  2. State v. OrrSupreme Court of Connecticut · 1896
  3. City of Grand Rapids v. De VriesMichigan Supreme Court · 1900
  4. State v. PayssanSupreme Court of Louisiana · 1895

3Cited by3 opinions

  1. Darling Delaware Corp. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1977
  2. Little v. District of ColumbiaDistrict of Columbia Court of Appeals · 1948
  3. In Re Prosecution of Nicco SettlesDistrict of Columbia Court of Appeals · 2019

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