The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-15
SUPREME COURT DECISION.
The New Orleans Slaughter House
CaSes..The Powers Of state Legis.
LRIuTeS 10 Create MOnopOlleS.


WASHINGTON, April 1.-THE Supreme
Court to-day decided what is known as
tho New Orleans slaughter house cases.
in error from the Supreme Court ol
Loulsana. The butchers claimed that
the incorporation Of the Crescent City
Slaughter House Company by the Lcgis.
laturO and giving It such exclusive priVi-
lege as to compel all oil them to obey It's
requirements was the re.estsblishment Of
slavery forever abolished by the 18th
amendment TO the Constitution, and
also u violation Of the 14th
or civil rights amendment there
to, inasmuCh as It places all butchers
ut the mercy OF the interpretations and
deprives them Of their business which Is
given over 10 the monopoly. The court
below held as q charter was for the de.
clared purpose Of protecting tho health oil
the city, an object within the lawful scope
Of tho legislation, there was sufficient
consideration Tor the grant Of privileges
and the charter was valid. This opinion
lS sustained by the Supreme court, which
says the law does not prevent butchers
from doing their own slaughtGring, but on.
lycompels them to do It in loCatiOnwhich
1t is the right and duty Of the Legisla.
ture TO fix. The wisdom Of the mOnopo-
ly granted may be questioned, but there
IS no justification Ior the assertion that
butchers arc deprived Of the right to
prosecute their occupation or the people
OF their daily service Of iOod. The reg
ulatiOn OF the business Of slaughtering
animals within city, the inspection Of
the animals 10 be killed and Ol the meat
afterwards, are among the most necessary
and frequent exercises of power belong
ing TO States, and the authority Of Legis-
lAtures over the su6je Is well settled. The
answer to the objection raised under the
18th amendment is, that the personal
is there meant as plainly indi-
Gated by the use Of tho word "invOlunta.
ry." The clause oil tho 14th amendment,
which has been cited, protects the privi-
leges and immunities Of citizens Of the
United States from hostile action. Of the
States, and not those Of citizens ofthe sew.
eral States. These immunitles and privi.
leges arc distinct in their nature, and II
the plaintiffs In error have any privileges
and immunlllcs infrlnged by the delend'
ants charter, which is not con-
ceded, they are not such Gs de.
pend on the citizenship Of the United
states, and within protection OF such
clause OF the 14ih amendment; nor does
that charter deprive the plaintiffs Of the
property without due process Of law,
nor deny them the equal protection Of the
laws within the meaning Of the 14th
amendment.
Mr. Justice Field read the dissenting
opinion in behalf of Chief Justices Swayne,
Bradley and himself, maintaining that
the right to follow any ordinary pursuit
or avocation was not given by law
but by the Almighty and is
merely recognized and protected by
law. That the Legislature Of the
State OF Louisiana has no right 10
put all the slaughtering Of nearly one
hundred square miles Of densely popu.
lated territory into the hands OF few
corporNtOrs Of this company than it had
to put all ovens o! large cities into the
hands Of u privileged few, and holding
That charter is unconstitutional and void.
Justices Swayne and Bradley also read
several opinions.