City of Cincinnati v. Buckingham
Ohio Supreme Court
This is a certiorari to the common pleas of the county of Hamilton. By the charter of Cincinnati, the city council are invested with power, among other things, “to erect, establish, and regulate the markets and market places of said city for the sale of provisions, vegetables, and other articles necessary for the sustenance, comfort, and convenience of the inhabitants.” 32 Ohio L. 248. In November, 1839, the council passed an ordinance : “ That no person should be licensed…
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This is a certiorari to the common pleas of the county of Hamilton. By the charter of Cincinnati, the city council are invested with power, among other things, “to erect, establish, and regulate the markets and market places of said city for the sale of provisions, vegetables, and other articles necessary for the sustenance, comfort, and convenience of the inhabitants.” 32 Ohio L. 248. In November, 1839, the council passed an ordinance : “ That no person should be licensed or permitted to occupy any place in any of the market places in said city, or in the streets contiguous thereto, with a…
1Opinion of the Court
*Lane, C. J.
The powers of the city council were to establish and regulate markets.
A municipal market consists:
I. ' In a place ior the sale of provisions, and articles of daily consumption.
II. Convenient fixtures.-
III. A system of police regulations, fixing market hours, making provisions for lighting, watching, cleaning, detecting false weights and unwholesome food, and other arrangements calculated to facilitate the intercourse, and insure the honesty, of buyer and seller.
IT. Proper officers to preserve order and enforce obedience to rulers.
The nature of the business transacted in market…
2Cited by1 opinion
- Birch v. SteeleCourt of Appeals for the Fifth Circuit · 1908