The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-05
NEWS OF THE CITY.
THE PRIVATE MARKET WAR.
of Judge Monroes De.
ciE.on With q Decision OF
the Supreme Court.

The intention OF the city administration to
appeal from the decision Of Judge Monroe, In
the private market eaae, delivered on Friday
| seems, In the opinion Of some of our city Off
cIals tn be justified by Tho decision Of the Hu-
preme Court In the case of the State Va J. J..
Giaeh With the merits Of the de 'ision Of Judge
Monroe this reference to the muddle has Moth
Ing 10 d.. but there is error. evidently. IN the
application of ihs supreme Court decision TO
tbs case passed upon by Judge Monroe, 40 will
b. shown hS q nomphrlaan ~ the REQ rds.
I, the suit before the Third District COURT.
No. 70 tpA, CITY Of New Oreans va Bernard
bths & tns 9y q naW Yflesas s aaes y sao 10 r.
license for iha year 1879 up7n the ttaaH W tai
ness Of private. market. The allegations Of
hy M ofdiuanna adopted Daeember - 1873
aecttan et rf this ordinances reads aa follows:
Every member Of II conpany or h,m aud
every perfon not ponneetel with .ompany or
firm heenins n private market. $500
Judge Monroe. in brief, decides that the IL
cense IL not eaua aud uniferm, IN that II Inn
pone upon the private market men license
different from TINT which Ia laid upon tho
peopa who sell the aame articles 10 th public
markets. and hence ia ii the license Il illegally
imposed: and victory Is secured for the pri
vate market men.
In the Supreme Court decision In the csae Of
tha state WI. aiaoh, tho special objection Ar-
pc 4rs to be ha an act comforting the nnwgrs 10
regulate private markets doee no. i4plude the
y. war to prnhihit them"
power Of prohibition before exercised by tho
city aud confines ts exereise within Ger an
bnuhd, There can he no doubt that the city,
under laglslAtlvA pctniEsinn, can forbid the
opentnE II markets. nj deegnated places aud
such fathiddins u. an eS 5roise OF its power to
regulate nhrkefR."
The license question, In tho sense paased
MOOT hs judge Monroe. was mn at ibsne ~ the
atsoh case. aud Tho only references ~ It waa
found IL the toilowiag woida oil Ohiet justice
fine defendant a4o attacks the ordinance as
ungonetit utonal baCtuHa Ut dsctlminHtas b9-
ween thdss who keap private markets. within
ak squares of public market. aud thpea who
keep without Elk suuarea of one b cause II i'm.
peses licenae on the lpite, of $500 aud does not
impose any Oh tho former, ItimpoAes no license
On lhe former bu a,prohibltten Inst al, aud n
ine for ila violation"
THE city has the unuuesionad right 10 Inn
pose Il ltcansa, and when Ehe prohtbts par
ticular traft wlthie prescribed bounaaries. IL
not guilty of the iooonel teney ,o' 4 ,,ensing
that traIIia within those boundaries. There Il
no distraction hetween those who are permit
ted to carry on the afIie"
Aa will DO seen the fight here was regarding
the i4hta of private nhrketn n doing busi-
nees within aud without the present bed boun-
tiaries and tho rel ttivo ii'ense of the private
martetmen aud thnse who d9 business In the H.
case before Judge Monroe
CHAsH.
There In, however an apparent claahing be.
tween JuAga M1nroA5 decision aud that oi Tho
supreme COURT, which will be read with In
est
Judge Monroe says Incidentally.
There is one other braneh Of this suhiact to
which the court will refer. The concluding
paragraph or section . act No. 100 OF 1878, pros
vidps that.
'fhe Uty Council shall not have power to
prth Bit th. existence OF private markets under
proper Eulattpns,'
1t ID evident from this language TINT the ex-
fstepes or nonsextH xtHtenee OF private markets. Ia
not matter or polica regulation. 1t ~ . lawful
oceu upattbn, expreasy sanctioned by the nqneti-
tut n, aud the liCrnae Imposed cannot be fa-
garded in any other light than for tue purpose
III revenue. and therefore ~ tax"
Chiaf JustiDe Manning, in the Giacb caEe,
had AREA " said. Mr.. Dillon thus states the
source oil tho uower aud It's extent: 7 u 3 ntes.
under their police pewsr. may delegate IT, mu-
niripal corporations tho authority TO establish
or AUTHORITY tho establishment of markets and
It ia patent TO such corporations, under
nroner grants OF D twer. to enact ordinances
fnfbidina sales and purchaa of marketable
articles exc III at designated market ptaces Z"
aud further On the Uhtef Justice dis! the
priuei.ls that under the power to regulate
markets the city can prohibit their establish
tnent In particular looa ions, or within given
tadiua of tham Ia approved by writer's OF
reputation aud has been snnotlon hV the
nareeaity for Its exeraes la the intafastE OF
health. comfort AMI rannlnnHs OF which
looks very much like police prerogattvss. But
It il u matter for lawyers to ponder over
Meanwhis the private market matter promises
70 assume az lanny phases as the uainee case
ID n n tISt ID Ions