Wygant v. McLauchlan
Oregon Supreme Court
From Multnomah : Arthur L. Frazer, Judge. Petition by Cass Wygant against D. M. McLauchlan, as Chief of Police of the City of Portland, for a writ of habeas corpus.
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From Multnomah : Arthur L. Frazer, Judge. Petition by Cass Wygant against D. M. McLauchlan, as Chief of Police of the City of Portland, for a writ of habeas corpus. The plaintiff was convicted in the Municipal Court of the City of Portland of a violation of City Ordinance No. 9188, and sentenced to pay a fine of $35, in default of the payment of which he was committed to jail under a commitment issued, directed, and delivered to the defendant, McLauchlan, who is the chief of police. The complaint upon which the conviction was had charged the plaintiff with a violation of the ordinance by…
1Opinion of the CourtJustice Wolverton
1. The plaintiff bases his argument in support of the judgment of the circuit court upon the ground that Ordinance 9188 is invalid, for the reason that the charter does not authorize the City of Portland to declare the burial of the dead within the city limits, outside of the excepted districts, to be a nuisance, or to punish persons for doing the acts thereby declared to be offenses against the city. It may be premised that a cemetery is not a nuisance, except conditions be present which corrupt or foul the atmosphere by unwholesome or noxious stenches, or impregnate the water of wells or…
2Cases cited20 opinions
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Town of Lake View v. Rose Hill Cemetery Co.Illinois Supreme Court · 1873
- Tugman v. City of ChicagoIllinois Supreme Court · 1875
- Cronin v. . People of the State of New YorkNew York Court of Appeals · 1880
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3Cited by16 opinions
- Odd Fellows' Cemetery Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1903
- Laurel Hill Cemetery v. City & County of San FranciscoCalifornia Supreme Court · 1907
- Hill v. Tualatin AcademyOregon Supreme Court · 1912
- Chan Sing v. AstoriaOregon Supreme Court · 1916
- Park Hill Development Co. v. City of EvansvilleIndiana Supreme Court · 1921
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