Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-06-24
OYaTmRa.
THEIR SALE TO BE ALLOWED.


--op's'os Of Iuda- seen 90 tae ubI,,i.
On Saturday, Judge. Smell, in Diminishing the
case Of the District OF Columbia W. George
Driver, charged with violating an ordinaaoe Of
the Board Of Health In selling oysters, delivered
the following oplnloni ..
pisTRIcr OF COLUMBIA vs. DRIvGR.
hled by the District Attorney under an ordi.
nance Of the Board Of Health-ontitled "An
ordinance to prevent the sale Of fiesh oysters,
OF September, Of each year"
Section nrst u As follows!
Sec 1. Be "a ordained and enacted bv fAs Board
and amer the passage o. this ordinance f,ssh
oysters, Of whatever character or quality, shall
not be sold within the cities Of washinEton and
food, irym the irst day Of May 70 the frst dsy Of
September, Of each year.
SECTION provides the penalty for violation,
and makes y not less than ten or more than one
hundred dollars for each offence.
II was proved that defendant was a duly
licensed keeper, and sold oysters ia
me regula, coatse Of his business, alter the
the time during which sales were prohibited
under this ordinance.
IL o eontonded on the part Of the defence that
tempting TO legislate upon this subject; that Il
has no power TO declare by an ordinance what
shall be deemed articles Of food, or prohibit the
wholesome;' that the Board Of Health IL not
legislative body; and that the ordinance has no
force or effect At law.
This presents an important question, and to
the organic act and learn how the Legislative
powers are distributed. -
BY reference TO that act We nnd u is provided
"that the legislative power of the District shall
extend to all rightiul subjects Of leEislatlon
within said District consistent with the Uonsti-
tuition Of the United States" "sub.
taRN mi 10 aH0ala N8aas. .aaA
states, and to repeal or modification by Con.
A subsequent section provides fOr the appoint.
ment OF Board OF Health for said District and
defines their duties to DO ito declare what shall
be deemed nulsAnccs Injurious TO health, and TO
provide for the removal thereof 70 make fosu-
lations 10 prevent domestic animals from run
ming at large In the cities Of Washington and
Georgetownj to prevent the sale Of unwhole.
some food In said cities, and TO perform such
other duties IS shall be imposed upon said board
The section oonierring upon the District As.
sembly the power TO act upon oil rightful sub
Iocis Of legislation within said Dlstrict-subieet
only TO the Limitations imposed upon stAtesL
clearly shows that which Il known As tho police
poweT Of the States was fully conferred By this
act upon tho Legislative Assembly Of the Dis.
triot.
This police power which the District Assem-.
bly, possesses 10 common with the states, has
been defined by an eminent Judge, q. J. Shaw,
~ Ss ss PTES' ye,sI 10 ne Lsgs;s1rS x
all manner Of wholesome and reasonable laws,
statutes and ordinances, other with penalties
or without, not Tepugnant TO the Constitution,
ns they shall Judge 10 be for the good and vel.
fare Of the commonwealth and Of the subjects
q the same."-Oommonwealth va Alqd y.
"fhis police power (says RedneId, U, Justice,
In Thorpe vs. Rutland aud burlington Railroad
Company, q VI nI) extends TO the profession Of
tue lives, limbs, health, comfort and quiet Of all
IfI,onRTess rad intended IN abrIdge tha ievi.