Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1883-08-18
UNCONSTITUTIONAL AND VOID.

UNCONSTITUTIONAL AND VOID.
That is What Esquire Hale Says Of
the City Hog Ordinance.
His Written Opinion Given Below.
Sound Reasoning and a Correct Con
clusion.
On last Monday, Esquire Robert Hale render
ed q written opinion in the Price-John rsplevin
case. The Squire SAID that in view OF the In
portance of the case in it's bearing upon q ques-
tlon of much interest to the people ofthe city of
Lexington: and because OF the fact that there
was more or less feeling among citizens Of con-
| hictfng views, he had determined to reduce his
reasons for the conclusions he reached to
writing. He did not at all desire to assume any
thing in doing 60. but simply wished to be prop
| erly placed on record. The SOU ire declared that
| he had xlven the case close and careful consid-
Grafton, and that If be could possibly have done
| 20 he would have decided for Mr.. John, first.
because he felt disposed to maintain existlAg
law, and to encourage officers In enforcing law.
and second, because he himself was in favor OF
the purposes Of the law; but upon investigation
could come to but one conclusion, and that was
that the law was fatally Detective, in truth. un-
constitutional and void. The squire then read his
finding a. follows:
Sarah J. Price. plaintiff
vs..
| Thomas J. John, defendant. SOC
This SUIT was brought by plaintiff to recover
possession Of seven hogs which she claimed
were wrongfully and unlawfully detained by
defendant under an ordinance Of the city Of Lex
tngton restraining hogs from running at large.
It Ia claimed by plaintiff among other things
that the ordinance under which the hogs were
taken up is unconstitutional. and will consider
this position only.
The power of the council to pass An ordinance
restraining hogs from running ct large Is clesr
and unquestionable. Section 4, article 4. Of the
charter authorizes the council to abate nuisan-
ces, and the council may declare the running OF
hogs at large . nuisance, and provide for it,
abatement. Section 81. srticle l.. authorizes the
council to Eestsain hossasnd other animals from
running At large. snt provides for the lm.
pounding and sale Of them.
The right OF the council to pass an ordinance
oftnis character with just and proper provlslons
tor taking up hogs. impoundlng and selling
them. and in which the rights of the citizen
are properly protected is undoubted. This
right is q legislative one and 10 possessed by the
| council only. Not even can a co.ordinste branch
| of the city government assume or exercise IL.
| nor can the council if it 10 desired, transfer or
| delegate its powers to any other body. or de-
| psrtment Of the government, or to any person,
and certainly cannot delegate its rights and
powers to q ministerial officer Whose duty
is not TO make Law but TO execute it.
But the legislative power Can onIy use and
exercise such powers and rights a, are granted
| TO 1t by the organic law under which IL II constt.
| tuted and from which it derives ts powers. l.
| cannot pass and have an forced .nv Lao wh;ch
nv its Expressed nn,vis,ons IA man,raat,v nn,,s,
and oppressive. and innicts wropRs mon n.
citizen. This view 10 fully sustained by 4 de-
cision of the supreme court OF Miss,ssippi. The
council of city in that state passed an ordi-
nance to prevent hogs from running 1t large.
and provided that hogs taken up should be sold
and that one-hslf Of the proceeds should be paid
/ over tn the hosn,ts, and the other hair sh,,,,,, =.
r.,,,n.a hv M. n.rsh., mi. ..s;..-s" 80
held unconstitutional. Other authorities are
uuoted In est.blisb ,bjs nri nc;,,. h,, =, t.,
necessary to refer to them Va ir ia too main - -.
controverted.
Islso hold that anv law tho nrov,s,on. of vh,.h
are 50 indefinite and vague, and the meaning SO
doubtful that they may be so construed 40 "a to
hecome the me.na of ,pfus+;ca ,,,ro,.,, 49,
"'as.oe' oppression @ne
ron, NO. ~. 49, -. - Nv.
d.mn.t;o, sho,,, ~, ~ ,r..S"--
Macs a law au,hnrizine ,hs sn.ria aan",s,a.
when thew setx. nro,s,,v ,nd.. a., .~.on,;a.
IN d.t.rn,;,. .nd A. ~. g. SC-.
aoon h..ou.. .,u,,. 49,
tion and d,rh,,..s %. -
80 SoaA' WV" )"
- '"e -"
M
'Hs" VIC Aes''"'"te es"not oe1e'
gov )" ""s +" any o'ne. ooos or
o' .ne
-. ien3eteu w 1"ose
mA anu IN u i'tn NO. Psge azs.
,n-. ~ % paSseo@ general rosd
~ A-N '""s 10" ""t"osi@eo tue
o'""'s q .near uiscretion 10 suspend Inc
ope-H'Ion ia" tor = speciheo time. Inc
of The legis,a,ive nouer - ,ha - 49, ~.
investing il with y newer h.,,,o,,. - -.
,episjatnre Anotber ~. on.t.;.,.s - -
ia ,epor,ed in the ~, M NO.. OK. n.- -.
council Of a.. I.oonia n..aaa ~ orai,.,o. ~
thorizip9 the mavor n, rho c;,v IN ..u.. RI. a.
r,ooo nv. .;,h;. ..-..,~ 1N
Tho ,hort.. .o,to,..s ~
:, doto-m,n. ,nho, - -
IL was decided that m. councr oo,,, ~, -.
fer the nowers conf.rr.d ,,on 80. ~. -...-
and tho, N. on,;,.,.. -. -
,..,,. $50. -. -.
WIN VoLAs AuVbQGE ~