People Ex Rel. Lieberman v. . Vandecarr
New York Court of Appeals
Appeal from a judgment of the Appellate Division of. the Supreme Court, in the first judicial department, entered March 31, 1903, upon an order which affirmed an order of Special Term dismissing a writ of habeas corpus. The facts, so far as material, are stated in the opinion. Section 66 of the Sanitary Code is unconstitutional.
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Appeal from a judgment of the Appellate Division of. the Supreme Court, in the first judicial department, entered March 31, 1903, upon an order which affirmed an order of Special Term dismissing a writ of habeas corpus. The facts, so far as material, are stated in the opinion. Section 66 of the Sanitary Code is unconstitutional. (N. Y. Const. articles 1, 6; U. S. Const. art. 14; Yick Wo v. Hopkins, 118 U. S. 356; People v. Noel, 187 Ill. 587; Gundling v. Chicago, 177 U. S. 356; People ex rel. v. Mulholland, 82 N. Y. 324; Chicago v. Bartee, 100 Ill. 57; St. Paul v. Laidler, 2 Minn. 190;…
1DissentCullen, J.
I think the judgment should he reversed. I do not believe the legislature has empowered the board of health of the city of Hew York to require permits to enable one to engage in the business of selling milk. (Village of Flushing v. Carraher, 87 Hun, 63.) Doubtless the board of health may prescribe such conditions relating to the character of milk offered for sale as may be necessary to secure public health, but the vending of milk is one of the ordinary vocations of life in which any one has a right to enter on compliance with the health laws and ordinances. It is unnecessary to pursue the…
2Cases cited1 opinion
- Village of Flushing v. CarraherNew York Supreme Court · 1895