People v. Gordon
Michigan Supreme Court
Certiorari to recorder’s court of Detroit. (Chambers, J.) Respondent was convicted of violating an ordinance .regulating the removal of garbage in the city of Detroit. The facts are stated in the opinion. 1. To be valid, an ordinance or by-law must be strictly within the authority conferred by the charter: citing Mayor v. Rood, Hill & D. 146; and it must be reasonable; citing 1 Dill. Mun.
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Certiorari to recorder’s court of Detroit. (Chambers, J.) Respondent was convicted of violating an ordinance .regulating the removal of garbage in the city of Detroit. The facts are stated in the opinion. 1. To be valid, an ordinance or by-law must be strictly within the authority conferred by the charter: citing Mayor v. Rood, Hill & D. 146; and it must be reasonable; citing 1 Dill. Mun. Corp. (3d ed.) § 319 (253), and cases cited in notes 1, 2; and it must not be oppressive; citing Id. § 320 (254), and cases cited in. notes; and whether the ordinance is reasonable or oppressive is a…
1Opinion of the Court
Morse, J
The defendant was convicted, under an •ordinance of the city of Detroit, for—
“Unlawfully and willfully engaging in collecting and removing, in an open wagon, of garbage within the city •of Detroit, * * * not being authorized so to do by permit from the health officer of the city.”
It is contended in his behalf that this conviction is illegal and unwarranted, because the ordinance is unreasonable, partial, and unequal in its operation, and was adopted for the purpose of creating, and does create, a monopoly. The ordinance is as follows:
“Section 1. It is hereby made the duty of the…
2Cited by8 opinions
- City of Grand Rapids v. De VriesMichigan Supreme Court · 1900
- Curry v. City of Highland ParkMichigan Supreme Court · 1928
- Pantlind v. City of Grand RapidsMichigan Supreme Court · 1920
- Peninsula Sanitation, Inc v. City of ManistiqueMichigan Court of Appeals · 1994
- People v. GardnerMichigan Supreme Court · 1904
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