Legal Opinion

State v. Clarke

Supreme Court of Missouri

Decided October 15, 1873PublishedCited by 55 opinions

Appeal from St. Louis Court of Criminal Correction. I. The Charter of the City of St. Louis gives the City Council power by ordinance, to “regulate or suppress” bawdy or disorderly houses, houses of ill fame or assignation. It is evident, that the Legislature intended to give the City Council power to control bawdy houses. And this power includes the idea of permissive existence.

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Appeal from St. Louis Court of Criminal Correction. I. The Charter of the City of St. Louis gives the City Council power by ordinance, to “regulate or suppress” bawdy or disorderly houses, houses of ill fame or assignation. It is evident, that the Legislature intended to give the City Council power to control bawdy houses. And this power includes the idea of permissive existence. Under the power to “regulate commerce,” Congress has full and entire control of the whole subject as a unit. The power not only includes properly the subject of commerce, but also all the necessary vehicles and…

1Opinion of the CourtNapton, Judge

This was an indictment under the general statutes against defendant for keeping a bawdy house. The defendant pleaded a license from the city authorities under an ordinance, Chap. 14, passed by the Mayor and Common Council, and it is conceded, that the license is in proper form and was authorized by the ordinance. The Court of Criminal Correction, however, held the defense to.be unavailing, because the ordinance was not valid. And the only question in the case is,whether the city authorities had power under their charter to pass this ordinance. The language of the charter is, that the city…

2Cited by55 opinions

  1. People v. HanrahanMichigan Supreme Court · 1889
  2. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  3. City of Tarkio v. CookSupreme Court of Missouri · 1894
  4. In Re RahnSupreme Court of Missouri · 1927
  5. Brown Cracker & Candy Co. v. City of DallasTexas Supreme Court · 1911

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