City of St. Louis v. Weber
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. I. The ordinance 5,434, relating to markets, is invalid, because unreasonable and not warranted by the charter in force when it was passed. (Commissioners v. Gras Co., 12 Penn. St. 318 ; Mayor of Hudson v. Thorne, 7 Paige, 261; 3 Pick. 462.) H. If the city council had power under the charter of March 3, 1851, to prohibit or suppress meat shops, the power to prohibit was taken away by the charter of March 19, 1866 (Sess.
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Appeal from St. Louis Criminal Court. I. The ordinance 5,434, relating to markets, is invalid, because unreasonable and not warranted by the charter in force when it was passed. (Commissioners v. Gras Co., 12 Penn. St. 318 ; Mayor of Hudson v. Thorne, 7 Paige, 261; 3 Pick. 462.) H. If the city council had power under the charter of March 3, 1851, to prohibit or suppress meat shops, the power to prohibit was taken away by the charter of March 19, 1866 (Sess. Acts 1866, p. 284, clause 2), amending the charter of 1851, and the present charter, approved March 13, 1867 (in clause 2, p. 63, Sess.…
1Opinion of the CourtBliss, Judge
Defendant was fined for keeping a meat shop within the market limits, or limits within which meat shops are prohibited by the ordinances of St. Louis. Ordinance No. 5,434, in relation to markets, approved September 6, 1864, provided, by section 5, article 5, that “No person, not being the lessee of a butcher’s *549stall, shall sell or offer for sale in market, or in any other place, any fresh meat in less quantities than one quarter.” Section 1, of art. 8, of the same ordinance authorizes meat shops to he licensed in the extended new limits of the city, hut not within four blocks of any…
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