City of St. Louis v. Schulee
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. (1) The production, sale and distribution of dairy products is a legitimate and lawful occupation or business, conducted as a matter of right and not as a privilege. Unusual and arbitrary restrictions cannot be lawfully imposed upon it by ordinance.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. (1) The production, sale and distribution of dairy products is a legitimate and lawful occupation or business, conducted as a matter of right and not as a privilege. Unusual and arbitrary restrictions cannot be lawfully imposed upon it by ordinance. Nor can harsh, expensive and burdensome provisions be enacted against persons engaged in an innocent and useful business so as to deprive them of the right to devote their property thereto and obstruct their freedom and liberty. Ex parte ‘Whitnell, 98 Cal. 78; Matter…
1Opinion of the Court
GANTT, J. —
The defendant in this case is charged with violating ordinance No. 20,808, section 17, in that in the city of St. Louis on the 28th day of July, 1903, he did then and there carry, control and expose for sale at Twenty-first and Chestnut streets, milk which did contain a preservative known as formaldehyde. On a trial on appeal, he was convicted in the St. Louis Court of Criminal Correction, and fined twenty-five dollars. Prom that judgment he appeals to this court on the ground that said ordinance and said section thereof are unconstitutional and void in that they deprive…
2Cases cited8 opinions
- People v. . KiblerNew York Court of Appeals · 1887
- State v. BockstruckSupreme Court of Missouri · 1896
- People v. . ArensbergNew York Court of Appeals · 1887
- State v. AddingtonSupreme Court of Missouri · 1882
- People v. . GirardNew York Court of Appeals · 1895
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3Cited by6 opinions
- Gardenhire v. StateArizona Supreme Court · 1923
- State v. Armour & Co.North Dakota Supreme Court · 1913
- Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912
- City of St. Louis v. KellmanSupreme Court of Missouri · 1922
- Curtice Bros. v. BarnardCourt of Appeals for the Seventh Circuit · 1913
1 more not listed; retrieve them via the Exa API.