Mestayer v. Corrige
Supreme Court of Louisiana
A PPEAL from the Twenty-first District Court, Parish of Iberia. xPL Gates, J. A charge or fee on sale of marketable commodities imposed by a municipal corporrtion for purposes of revenue, are not legal. If imposed under the police power, for police purposes, they are legal. The police power of the State, as to exclusively local matters and subject to the restrictions of constitutional limitations, may be delegated by the General Assembly to the local authorities.
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A PPEAL from the Twenty-first District Court, Parish of Iberia. xPL Gates, J. A charge or fee on sale of marketable commodities imposed by a municipal corporrtion for purposes of revenue, are not legal. If imposed under the police power, for police purposes, they are legal. The police power of the State, as to exclusively local matters and subject to the restrictions of constitutional limitations, may be delegated by the General Assembly to the local authorities. The markets are peculiarly an object for police regulation. Article 19 of the charter of New Iberia, adopted in 1886, pursuant to…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Defendant resists an ordinance of the town of Now Iberia, exacting certain rates, fees, charges and tariffs daily from each person selling the articles mentioned or keeping butcher or market stands, anywhere within the corporate Limits of that town, and whether within or without the market; and conferring the right to collect same *710as a franchise of the market-house upon the lessee of the same, who is given the right to bring’ suit before the mayor of the town or any jrrstice of the peace having jurisdiction for the collection of said daily…
2Cited by5 opinions
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