, 1874-08-16

Tie st. ratricks Total-Absunante and Benevole1
Society will form the immediate left Of the above
mediate left OF St, ratrcks r. A. and i. Society.
! The St. Joseph Society will form On tho imuediat
| left Of the StnEialaus f. Society.
Emerald Branch No. ! will form od tho erst side 9
Uuion street, right resting on Milwaukee, avenue
| south front.
Emerald Branch No. 2 will form On the irnmcaiat
! Emerald Branch No. on tne 1unediate left
No. :
Union street, right resting on Milwaukee avenue
! Bonth front.
Emerald Branch No 7 will form on the 1mnedias
Emerald branch No. 8 on the immediate left @
| No. 7.
Emerald Branch No. 10 On the immediate left @
I No, s.
| Tie order Of procession will be As foloeB:
Chef Marshal,
I Grand Aid. Michael He1ioy. Grand Aid
| Edward HIlin, Miles Kehoe, John McCarery. Job1
| Il. Donlia, Aleck Cearns, James McSweeaey, Deuni
| Married Mems Sodaty Of the Holy Family;
! Roman Catholic Temperance Society:
Father Matthew's Total Abstinence Society;
| ST. patricR's Benevolent Of the Holy Family;
The Ho!S Family Temperance aud Benevolent Society
The stanjsl4us Koatka Society;
] The ST. Joseph Society;
Emerald Beneficial Asaociation-No. ], No. 2, No. s.
No, !, No. !, No. s, No. 10.
Bands viii march in tbs intervals between the DIFF
fereut societies.
At soc]ock sharp The procession will move north
west on Milwaukee avenue to PAul,na street, north
retrsn south Psuliua street North avenue easi
North avenue Noble street, south Nollc street
to Milwaukee, avenue, southeast on Milwaukee avenue
to Indiana street, colnternarch, ard dispesse.
All Catholic Societies desrpus Of partic pnttug In
the celebration, whether represented in the Conye1
ton not will report through their Marshal to the
Grand Marshal ut the rendezvous 1t 2:30 p. m.
REMOVAL OF WOODEN BUILDINGS.
The last number Of the Legal Aeus contains
All opinion Of the Supreme Court Of Louisiana,
which possesses more than local interest. since
it relates to the power Of q council to order the
removal Of wooden buildings within the ire
Gmits fixed by it. It is as follows:
This IS auit to compel the defendant to remove
wooden building erected within what IL known the
ant excepted to the capacity Of the Mayor for of
the qualifications to hold said office, and the right
the Governor to maks the appointment Of the Mayor
The right to Office 1t is long sincc settled, can
be thus coatcrally rised and the Judge did not
err in overriding the exceptions.
]. The Mayor End Trustees Of the Town OF Monroe
hnd no power express or implied, to adopt ordinance
~; s9 ~ M Oct g. 1sie G e1eatin rs district and
?. Tho ordinance No. &c, adopted Sd Of January,
1877 By the Mayor and Council Of the City Of houroc,
suslendiug the effect OF the above ordinance No. 19
did not give vitality or validity to the latter.
3. II these PROPOSITIONS le uusouud the charter Of
Monroe Of May I, ls71 does not coufsr the power
remove or destroy wooden buildings once erected in
tho fire district without compensation, aud the cor
roraton could not compel it's citizens to enter into
contract to tAke down tue building on certaiu day
i. The plaintiffs coucede that the Town OF Monroe
WAS nerer empowered, by express Words to establish
are.1m:ta, and to prevent the erection Of wooden
buildings therein but they contend that this pow er
is furry implied in tie poTsrs expressly granted by
the various acts Of the Legislature incorporating tho
town. and TINT such power is necessary 70 the OBJ
jec;s and PURPOSES Of Fuch corporations.
By clause in Art. 1888, r. c. c., corporation. may
"cnAct statutes aud reyustions for their OWN gov
ern1oent, provided such statutes and regulations be
not contrary the 1aws OF tie politic society Of
which they arc members"
By the rafous charters prior to that Of May 1871
empowered to adopt all rles, ordinances regulations
and bylaws for the general government Improve
neu and police q: the town, anu 1sesc.ih. the mau-
with the CoEYtll and laws Of this State aud the
United Staten. See Acts Of 1885, p. 1884, Sec. 7; Acts
1859, p. 2l5, Sec.,l5 Acts 1866. r. ITO, Sec O.
It 10 us clear that, where municipal corpo-
ration IL vested with such powers, sud the compact
meas Of s construction would increase tho hazard Of
coutiaRratlon, tbs corporate authorities nlay fi1 vhat
is known fre-district and forbid the erection Of
wooden buildings therein. No town city cornpactIy
built can he said to be well ordered well regulated
the public TO take such tnay 10 practicable
to lessen the hazard and danger Of fire. The pubic
good and aafety are superior 70 tho individual rights
Of tho Inhabitants and under this principle Huch reg
ulaons are not the dvestiture Of the individual right
Of Ownership Ed uEc but ia only conforming the uses
Of individual property to the necessities, safety mud
interests Of the public It is regulation ita enjoy
mtnt.
siniiar construction Of the powers Of such cor
porations has BEEN adopted in Of our sister
<states. See feates {Ienn) 4o3, IL Mich, 425:
cowen a. ~ 3Go; 8 Farheld {l2 3iaine} 403.
2. We think the Town Of Monroe has authority to |
enact ordinance No. ~, Of Oct 1870 and bcucc the
second proposition fails
We may add, however, the want Of authority is not
Under any correct ruea Of interpretation, clear
to make the ordinance absolute nulty, and iuca,-
kbTa OF confirmation, aud the ordinance No &C. OF id
January, ls72, had such effect, II needed.
S. Docs the charter Of 1911 contain the power to re-
move the wooden buildings afer beng erected within
Lie fire district? t
We think this is corrollary Of the first propositon
what is done in contrarcnon Of the prohibition. "a
Ranary aud lawful regulation may o:bcrwise be de-
featel and rendered iuei:eetual. The removal is |
made to Prevent tho hazard Of tic continuance |
1f the cotntustible matter In dangerous POSITION,
and not will view to punish the wrong-loer or sub
lect min to 1oss. II he thereby auAt:lus loss it is
he direct consequence CT his unlawful act Of which
1e hes right To eoI1ilain." Fairfield, <03
Tue objection that the Mayor all City Council could
not, il done i'll ordinance No. st. gave permission to
,uitd temporary wooden buildings aud require their
'en,oral 1t hxed date, Inns no force.
If they had the power to prohibit entirely they had
modify the prohibition. The greater includes
contract Tae prohibition existing, they had tic pow
to suspcnd.it for limited period for the benefit Of
lie public, TloSe who built after the passage Of aa1d
built with knowledge Of the condition
imposed. and. it being Legitimate condition, they
zeTo bound BY il,
We think the action Is maintained.
Judgment affirmed