New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-11


The section then enacts that all cattie and
other animals destined for s1e or slaughter
: in New Orleans, or its envlrOns, snaii De
landed and kept at these landings and
I yaros, for which the company are to De paid
certain fees named in the act; ana IN de-
! fault of payment are to have the prlVlieg7
! of selling the cattle therefor; and every
! violation of these privileges by landing or
! yardiDg elsewhere is to be SUBJECT 70
penalty of $3.50 The section goes on TO re-
! eure the company, by the fret OF June,
! 1869, to build grand slaughterhouse OF
/ sufficient capacity to ACCOMMODATE all
/ butchers, and in which to slaughter tye
hundred animals per day: also sneds,
stables, ETC., to accommodate all the STOCK
received at this port, under penalty OF Tor
| feiting their charter.
| The fourth section authorizes the COM
! pspy to erect landing places for live stock
at any points or places consistent Win the
| act, and TO have the exclusive privilege OF
| having landed thereon all animals intended
for sale or slaughter III the parishes OF
Orleans and Jefferson; and TO erect one or
! more slaughterhouses at any points or
places consistent with the act, and to nave
the exclusive privilege of having siaug htered
therein all animals the meat OF which Is
destined for sale in the parishes OF Orleans
and Jefferson.
Section five directs the closing OF all other
stock landings and slaughterhouses after
the completion of the companys. In the
parishes of Orleans, Jefferson and 81. Ber-
! nard and forbids any slaughterlng tnereln
under penalty of SI00 for every offense.
and enacts that all animals to be slaughtered
in the parishes Of Orleans or Jefferson, must
be slaughtered in the slaughterhouses
erected by the company, and the company,
on refusal TO permit the same, Will be sub
jeCt to fne.
Section six provides for an inspector OF
cattle, to be appointed by the Governor, to
inspect all cattle TO be slmug
Section seven fixes the fees to be paid to
the company for slaughtering in their
houses, namely: One dollar apiece for all
beeves, etc., besides the head, feet, gore and
entrails.
Section nine authorizes the company to
lay railroads from their buildings to the city,
and to establish ferries across the Mississippi
river.
Section ten limits the charter to twenty
FIVE years.
These are the provisions of the law. The
omplalnants allege that they have been in
jured BY its operation, and by the acts and
proceedings of the defendants under it.
They state in their bill that for long
time past they have been engaged in the
| lawful prosecution of the live stock landing
curing, preparing, dressing and vending OF
animal food for the markets of New Orleans
and the parishes of Jefferson and st. Ber-
nard, and the steamers and other vessels
engaged in the commerce OF the same; aid
that more than thousand persons were
connected with the trade aforesaid. and that
the corporation com Plainant WAS formed 10
prosecute the trade and to provide suitable
houses and conveniences therefor, and that
no md 10 m
the number of two hundred and fifty per
sons. and others in their employ. to the
number of two hundred persons, have been
| hitherto engaged in the said trade aud
business.
They complain that their rights are in
| vaded by the act in question; that the Cres-
| cent City Company have brought several
| hundred suits against them, or some of
them, have obtained iDjuDctions, and in
other ways vexed and harrass9d the COM
Plainants under color Of the said act; that
the decisions and judgments of the State
Supreme Court have been adverse to the
complainants; and that although the said
decision and judgments have been removed
| to the Supreme Court of the United States
! by wrts Cf error, in such manner that said
wri;s operated as supersedeas, yet that
| the defendants have dsregarded the same,
and have applied to the Eighth District
Court of the parish of Orleans, and have OD-
| tanned a writ which they call an Injunction,
directed to the Metropolitan Police Board,
without making the complainants or any
| of them parties to the proceeding, by
which writ said Metropolitan Police Board
were commanded and eDjoined to pre-
vent all persons from landing. keeping or
slaughtering any cattle, beeves. calves,
sheep, swine, or other animals, and, from
keeping or establishing any stock landings,
yards, pens, slaughternouses, or abattoirs.
/! at any point or place within the city of New
| Orleans, or the parishes of Orleaus, Jeffer-
| son and st. Bernard. and to prevent any and
all persons from selling or offering for sale
| in the city of New Orleans any animal for
human food not slaughtered and inspected
at the slaughterhouse of said company; and
| that the said Metropolitan Police Board did
| thereupOn seize aud possess themselves OF
meat, to the value of $4,000, which was in
| carts and vehicles on their way to the mar
| kets, and have kept the same open and ex-
posed until it has spoiled. The bill contains
! other allegations showing that the COM
| ainants are exposed to multiplicity OF
suits, to vexatious litigation, and to ire
| parable mischief and damage by the unjust
| acts and proceedings Of the defendan s, the
Crescent City Company.
To this bill the defendants have filed an
! al swer in the ma ure Of the demurrer, OBJ
JSCLlUS, uIbt, W tHc tuIlSulCtlOu Vi luiS
court because the parties all reside in Louis.
lana, and the Circuit Court of the United
States can not eIjoin proceedings in State
court. Secondly, that the bills set up the
same matters which are set forth in petl-
ton filed by the cOmplainants in the State
court, and decided by the Supreme Court of
Louisiana, and from which decision writ
of error has been granted to remove the
| same to the supreme Court of the United
Os I'D IL raI
to is constitutional and valid, containing
only police regulations, in no manner con.
ficting with the constitution of the United
States, or the amendments thereof.
Before proceeding to examine the tech
nichal points raised by the defendants, we
will conclude the discussion Of the main
question arising upon the act of the Legisla.
ture and the fourteenth amendment.
So far as the act of the Legislature of
Louisiana is police regulation, it Is, OF
course, entirely within its power to enact it.
1t s claimed to be nothing more. But this
pretence is too bald for moments cOnsid-
Grafton. 1t certainly does confer on the de-
fendant corporation a monopoly of very
odous character. If it be not fairly and
fully within the definition of a monopoly
given IN the great case Of monopolies, IL
Coke's Rep. 85, it is difficult to conceive of
case which would be within it. But it is
not sufficient to show that it is a monopoly
and void at common law, for the Legisla-
ture may alter the common law and may
establish 3 monopoly, unless that monopoly
be one which contravenes the fundamental
rights of the citizen protected by the con-
stitution. We have already seen that some
monopolies are legal, if not poi ic But is
this such an one as will be endured in free
country, under a constitution which gusran-
tees to the citizen his fundamental privileges
and immunities This is the precise ques-
ton for Us to decide. Ard we admit that
the question is one of great delicaoy and