City of Chicago v. Bowman Dairy Co.
Illinois Supreme Court
Writ of Error to the Municipal Court of Chicago; the Hon. John C. ScovFR, Judge, presiding. This was an action of debt commenced in the municipal court of the city of Chicago against the Bowman Dairy Company to recover the penalty imposed by section 2479 °f the revised municipal code of the city of Chicago of 1905, as amended June 11, 1906, and September 3, 1907, for having in its possession bottles for the purpose of containing milk or cream to be sold, or offered for sale,…
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Writ of Error to the Municipal Court of Chicago; the Hon. John C. ScovFR, Judge, presiding. This was an action of debt commenced in the municipal court of the city of Chicago against the Bowman Dairy Company to recover the penalty imposed by section 2479 °f the revised municipal code of the city of Chicago of 1905, as amended June 11, 1906, and September 3, 1907, for having in its possession bottles for the purpose of containing milk or cream to be sold, or offered for sale, of less capacity than said bottles purported to contain, which section of said ordinance provides (1) no person or…
1Opinion of the Court
Mr. Chibe Justice Hand
delivered the opinion of the court:
It is contended by the defendant that the ordinance for a violation of which it was convicted is unconstitutional in this: that it deprives it of its property without due process of law and is special legislation.
We think the ordinance can be sustained as an exercise of the police power of the,city of Chicago. The police power is said to be an attribute of sovereignty and to exist without any reservation in the constitution, and to be founded upon the duty of the State to protect its citizens and to provide for the safety and good order…
2Cases cited10 opinions
- Town of Lake View v. Rose Hill Cemetery Co.Illinois Supreme Court · 1873
- Gundling v. City of ChicagoIllinois Supreme Court · 1898
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Hawthorn v. PeopleIllinois Supreme Court · 1883
- Booth v. PeopleIllinois Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Block v. City of ChicagoIllinois Supreme Court · 1909
- City of Chicago v. Union Ice Cream Manufacturing Co.Illinois Supreme Court · 1911
- Dean Milk Co. v. City of ChicagoIllinois Supreme Court · 1944
- City of Seattle v. DenckerWashington Supreme Court · 1910
- State v. Hutchinson Ice Cream Co.Supreme Court of Iowa · 1914
22 more not listed; retrieve them via the Exa API.