Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-09-22
THE sLAUGHTER.HOUSE CASE.
The Full Decision of the Supreme Court
City Sustained.

The following is the full text of the Su-
preme Court decision rendered on the 18th
instant in the slaughter house nuisance
case, in which Messrs. Hebron were de-
PENDANTS in the Courts below and petit
TONERS in the Supreme Court for release
upon habeas corpus:
The petitioners We're arrested upon a charge
of violating an ordinance of the city of Sacra-
mentO, passed June 81 1872, which declares il
10 be unlawful " for any person to slaughter any
animal within the city, or to erect, maintain or
use, or cause to be erected, maintained or used,
within the city any houseEshed or other build
ing as a slaughter-house, or to dress or clean
any slaughtered animal within the city,
The Act of the Legislature of the State incor-
porat1ng the city, approved April p, 1863, gave
power TO the Board of Trustees to make Ordi-
nances to control and regulate slaughter houses
or provide for their exclusion from the city
limits or any part thereof art. l.. Sec. y
1t is not necessary to enter upon a lengthy con-
sideration of the points presented on behalf of
the petitioners. as against the validity and con-
stitutionality of the ordinance it is sufficient to
say that the points presented have been con-
sidered and adjudicated adverse TO the petition
ers by this Court in eX parte Shrader 33 Cal,
2I9, and the power of a municipal corporation
under q charter similar to the one above re-
terred to, to make and enforce ordinances regu-
lating certain avocations recognized in Johnson
VS. SimontOn. i3 Cal, 2i2; eX parte Smith and
heallllS, % Cal-, iU2, ana eN paTte CaSlneuO, o.
Cal. SIS.
Unwhoesomc trades slaughter-houses. ope-
ratiOns offensive TO the senses, the deposit of
powder, the application of steam power to pro-
pei cars, the building with cOmbustible matcri-
ais, and the burial of the dead, may all be inter
dicted by law, in the midst of dense masses of
population, on the general and rational principle
that every person ought to so use his property as
not 10 injure his neighbOrs; and that private in
terestS must be made subservient to the general
interests of the community" @ KentS Com,
p. 3401 If landlord could let his building
for Il smallpox hospital or a slaughter-hOusG he
might obtain an increased rent. But he is re-
strained; not because the public have occasion
to make the like use, TO make any use
of the property or 10 take any benefit
or profit to themselves from it, but be-
cause il would be nOXiOus Use, contrary
to the maxim, sic Httrc ttO, at Glic7um non lac
daS" Com vs.. Algcr, CuSh., So In the Opin-
ion Of Justice Miller, speaking for the Court in
the slaughter-house eases, after defining the
police power the following language is used |
viz: THE regulation of the place and manner
of conducting the Strengthening of animals and
the business of butchering within city. and
the inspection Of animals to be killed for meat |
and of the meat afterwards, are among the most !
and frequent exercises of this power.
DC Wall, 6}.) See also Dillon on Nun. Corp, |
See. So
Theconclusion reached by us is not in con- |
fict with the eases cited on behalf of the peti
TONERS.
The petitioners are remandcd.