In re Lowe
Supreme Court of Kansas
Original Proceeding in Habeas Corpus. On the 12th day of September, 1894, there was filed in the police court in the city of Topeka a duly verified complaint against M. E. Lowe, charging that, on the 11th day of September, 1894, and prior thereto, he did then and there unlawfully engage in the business of a city scavenger, contrary to the ordinances of the city of Topeka, and especially in violation of ordinance No. 1718, being an ordinance entitled “An ordinance providing…
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Original Proceeding in Habeas Corpus. On the 12th day of September, 1894, there was filed in the police court in the city of Topeka a duly verified complaint against M. E. Lowe, charging that, on the 11th day of September, 1894, and prior thereto, he did then and there unlawfully engage in the business of a city scavenger, contrary to the ordinances of the city of Topeka, and especially in violation of ordinance No. 1718, being an ordinance entitled “An ordinance providing for scavengers,” etc., and of ordinances amendatory thereto. On the 13th of September, 1894, upon the written complaint…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The only question in this case requiring consideration is as to the validity of ordinance No. 1718, providing for the appointment of city scavengers. By the terms of the ordinance, as amended by ordinance 1744, it is made the duty of the mayor, with the consent of the council, to appoint two or more suitable persons to act as city scavengers. The duties of the scavengers are prescribed at some length, and include a removal of the contents of privy vaults and cesspools, dead animals, garbage, and offal. The ordinance fixes the compensation to…
2Cases cited7 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- Boehm v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884
- Gregory v. . the City of New YorkNew York Court of Appeals · 1869
- River Rendering Co. v. BehrMissouri Court of Appeals · 1879
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3Cited by10 opinions
- Schaake v. DolleySupreme Court of Kansas · 1911
- Johnson v. Board of County CommissionersSupreme Court of Kansas · 1938
- O'Neal v. HarrisonSupreme Court of Kansas · 1915
- Iler v. RossNebraska Supreme Court · 1902
- Avery v. City of ChicagoIllinois Supreme Court · 1931
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