Atlantic City v. France
Supreme Court of New Jersey
This writ brings up a conviction for the violation of an ordinance of Atlantic City. The ordinance took effect on June 1st, 1905. It ordained that the owner, agent, manager, lessee or occupant of any building within the limits of Atlantic City, to which is attached any chimney or smokestack connected with any stationary engine, steam boiler, furnace, range or fireplace, from which there is emitted dense smoke which contains soot or other substance in sufficient quantities to…
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This writ brings up a conviction for the violation of an ordinance of Atlantic City. The ordinance took effect on June 1st, 1905. It ordained that the owner, agent, manager, lessee or occupant of any building within the limits of Atlantic City, to which is attached any chimney or smokestack connected with any stationary engine, steam boiler, furnace, range or fireplace, from which there is emitted dense smoke which contains soot or other substance in sufficient quantities to permit the deposit of "such soot or other substance on any surface within the limits of Atlantic City, shall be deemed…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The validity of the ordinance above set out is challenged because of an alleged want of power in the common council of Atlantic City to enact it. The insistence is that Atlantic City had not the ability to ordain that it was a nuisance per se to emit smoke from a smokestack attached to certain buildings. It is also urged that the ordinance deprives the prosecutor of the use of his property without due process of law.
It is entirely settled that every man holds his property subject to the exercise of the police power with which the state is…
2Cases cited1 opinion
- Young & McShea Amusement Co. v. Atlantic CitySupreme Court of New Jersey · 1897