Legal Opinion

City of St. Louis v. Spiegel

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 12 opinions

Appeal from 81. Louis Court of Appeals. (1) The power to “ license and regulate ” is a police power for the purpose of regulation only, and cannot be used for the purpose of obtaining revenue, or as a basis for taxation. If the ordinances passed in pursuance of this authority are, in effect, revenue measures, they are illegal. City of St. Louis x. Boatmen's Insurance Co., 47 Mo. 150 ; City of St. Louis x. Laughlin, 49 Mo. 559, 564; Express Company x.

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Appeal from 81. Louis Court of Appeals. (1) The power to “ license and regulate ” is a police power for the purpose of regulation only, and cannot be used for the purpose of obtaining revenue, or as a basis for taxation. If the ordinances passed in pursuance of this authority are, in effect, revenue measures, they are illegal. City of St. Louis x. Boatmen's Insurance Co., 47 Mo. 150 ; City of St. Louis x. Laughlin, 49 Mo. 559, 564; Express Company x. City of St. Joseph, 66 Mo. 675, 680 ; State x. New Brunswick, 43 N. J. Law, 175; Muhlenbrinck x. Commissioners, 42 N. J. Law, 346 ; Railroad x.…

1Opinion of the Court

Sheiíwood, J.—

The defendant was prosecuted in *591the first district police court of St. Louis, for violating sections 1 and 4, of article 3, of chapter 23, of the revised ordinances of the city, approved March 29, 1881, as amended by ordinance 12,508, approved J uly 21, 1883, by keeping a meat shop without a license. The case was tried in the police court on November 6, 1883, and the ■defendant was found guilty and adjudged to pay a fine of fifty dollars and costs. He appealed to the St. Louis court of criminal correction, where the case was tried anew and the defendant was discharged. The city…

2Cases cited1 opinion

  1. City of St. Louis v. SpiegelMissouri Court of Appeals · 1884

3Cited by12 opinions

  1. City of St. Louis v. BaskowitzSupreme Court of Missouri · 1918
  2. Kansas City v. GrushSupreme Court of Missouri · 1899
  3. State v. Hallenberg-Wagner Motor Co.Supreme Court of Missouri · 1937
  4. City of Cape Girardeau v. Fred A. Groves Motor Co.Supreme Court of Missouri · 1940
  5. City of St. Charles v. ElsnerSupreme Court of Missouri · 1900

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