City of New Orleans v. Ernst

Defendant, proprietor of a dairy in the city of New Orleans, is prosecuted under an affidavit charging him with operating said dairy without a permit, in violation of the provisions of Ordinance No. 16204, Council Series, as amended by Ordinance No. 5649, New Council Series.

Defendant demurred to the affidavit, setting up the illegality of the ordinance as being in contravention of the provisions of Act No. 150 of 1910, and attacking the constitutionality thereof by reason of its alleged conflict and inconsistency with the regulations of the Sanitary Code issued by the Louisiana state board of…