Cosgrove v. City Council of Augusta
Supreme Court of Georgia
Certiorari. Before Judge Callaway. Richmond superior court. April term, 1897. Cosgrove was tried in the recorder’s court of the City of Augusta, for the violation of an ordinance prescribing that “it shall not be lawful for any hotel or boarding-house drummer or runner, hackman, cabman, or for any other person, to solicit custom or patrons by entering the union passenger-depot in this city, or by standing at the entrance thereof; but such drummer, runner or hackman, cabman…
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Certiorari. Before Judge Callaway. Richmond superior court. April term, 1897. Cosgrove was tried in the recorder’s court of the City of Augusta, for the violation of an ordinance prescribing that “it shall not be lawful for any hotel or boarding-house drummer or runner, hackman, cabman, or for any other person, to solicit custom or patrons by entering the union passenger-depot in this city, or by standing at the entrance thereof; but such drummer, runner or hackman, cabman or other person, as aforesaid, may stand outside the wall of the depot, as hereinafter provided, and in a respectful…
1Opinion of the CourtFish, J.
1. There is nothing in the charter of the City of Augusta delegating to its city council express power to regulate hacks or the hack business. The powers of the council in this respect are derived from the general welfare clause in the act of incorporation. It is elementary, that a municipal corporation in the exercise of police power conferred by the general welfare clause of its charter, for the purpose of promoting the comfort, health, convenience, good order, and safety of its citizens, may pass reasonable ordinances for the regulation of lawful trades and occupations within its limits.…
2Cases cited4 opinions
- Fluker v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
- Byrne v. HumeMichigan Supreme Court · 1890
- Napman v. PeopleMichigan Supreme Court · 1869
3Cited by11 opinions
- Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909
- Deberry v. LagrangeCourt of Appeals of Georgia · 1940
- Clinton v. . RossSupreme Court of North Carolina · 1946
- Matter of the Application of BarmoreCalifornia Supreme Court · 1917
- Ex Parte MaynardCourt of Criminal Appeals of Texas · 1924
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