State v. Dubarry
Supreme Court of Louisiana
APPEAL from the First Recorder’s Court of New Orleans. Whitaker, J. 1. Ordinance 6600, O. S., is constitutional. 2. Municipal corporations have the power to regulate markets and to pass such ordinances as are necessary for the preservation of public health and conduce to the public interest.
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APPEAL from the First Recorder’s Court of New Orleans. Whitaker, J. 1. Ordinance 6600, O. S., is constitutional. 2. Municipal corporations have the power to regulate markets and to pass such ordinances as are necessary for the preservation of public health and conduce to the public interest. State vs. Garibaldi, 44 An. —. 3. Stare decisis. 1. An ordinance of a municipal corporation which punishes one class of individuals for doing that which under similar circumstances it permits to another class, and which, besides, clothes the council of the municipality with the arbitrary power to grant or…
1Opinion of the Court
*1118The opinion of the court was delivered by
Watkins, J.
The defendant prosecutes this appeal from a judgment and sentence imposed upon him for violation of city ordinance No. 6600, relative to the establishment of private markets in New Orleans.
In the recorder’s court, the defendant assigned illegality and unconstitutionality of the ordinance, on the following grounds, viz.:
1. That the ordinance contravenes the fourteenth amendment to the Constitution of the United States, in that it is not general and equal in its operation, and in that it grants to a majority of the members of the city council…
2Cases cited1 opinion
- Snow v. United StatesSupreme Court of the United States · 1886
3Cited by20 opinions
- Banjavich v. Louisiana Licensing Board for Marine DiversSupreme Court of Louisiana · 1959
- City of Shreveport v. HerndonSupreme Court of Louisiana · 1925
- Hays v. City of Poplar BluffSupreme Court of Missouri · 1915
- City of New Orleans v. PalmisanoSupreme Court of Louisiana · 1920
- State v. ChisesiSupreme Court of Louisiana · 1937
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