Legal Opinion

Campbell v. District of Columbia

Court of Appeals for the D.C. Circuit

Decided December 4, 1901No. 1124Published

In error to tbe police court of the District of Columbia. The Court in its opinion, stated the case as follows: This cause came up on a writ of error granted by one of the justices of this court to the police court of the District of Columbia. The plaintiff in error, Grant Campbell, was tried upon information and convicted of the violation of the police regulations of the District relating to the removal of dead animals.

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In error to tbe police court of the District of Columbia. The Court in its opinion, stated the case as follows: This cause came up on a writ of error granted by one of the justices of this court to the police court of the District of Columbia. The plaintiff in error, Grant Campbell, was tried upon information and convicted of the violation of the police regulations of the District relating to the removal of dead animals. The case was submitted in the court below upon an agreed statement of facts, which, with the various motions founded thereon and the rulings of the court excepted to, are…

1Opinion of the CourtJustice Shepard

There can he no more important field for the exercise of the activity of the ordinary police powers of government than the preservation of the public health, and it is within the unquestioned power of the municipal authorities to enact regulations looking to the speedy and innocuous removal of the carcasses of all animals that may die within the limits of their jurisdiction, the decomposition of which would not only endanger the public health, but also create a serious nuisance of another kind.

At the same time it is equally clear that the power is not an unlimited one, and that every exercise…

2Cases cited10 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Lawton v. SteeleSupreme Court of the United States · 1894
  4. Town of Greensboro v. EhrenreichSupreme Court of Alabama · 1886
  5. Underwood v. . GreenNew York Court of Appeals · 1870

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