Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-05-23
TEXT OF THE DECISION.
The Supreme Court Ruling on the
AbattOir.
The City Has no Lawful Right 20
Maintain n Public slaughter House
-.--Why the Huesing Injunction
Stands.

City attorney Joseph L. Haas last night
received from Ottawa the full text of the
supreme courts ruling in the abattoir int
junction case. and through the courtesy
Of that gentleman the ARGUS is enabled
to publish the decision in full:
Opinion by Craig, c. -
This was a bill in equity brought by
Augustus Huesing, resident and tax
payer OF the city of Rock Island, TO ens
Join the municipal authorities of the city
of Rock Island from maintaining an alb.
attoir or public slaughter house and ap>
propriating the moneys of the city for
that purpose. On the hearing in the cir
cult court a decree was rendered in favor
of the complainant in the bill, but on ap>
peal to the appellate court the decree was
reversed with directions to the circuit
court TO dismiss the bill. To reverse the
judgment of the appellate court the cons
plainant appealed TO this court. The
city of Rock Island contains population
of about twelve thousand people and is
organized under the general Incorporation
law of the state. The city council pro,
cured by gift two acres of land in the city
and erected thereon building where
animals might be slaughtered for con-
sumption in the city. On the 9TH day of
December, 1885, an ordinance was
passed; the first section provides that the
premises containing the two acres is des-
ignated and established as the city abat.
toir. Sec. 2, 3, 4, 5, o, Z, 8, 8 and 10 of
the ordinance is as follows:
Sec. 2. Said abbattor is established and
shall be maintained for the sole use and
purpose of so regulating the business of
furnishing fresh meats To the inhabitants
of said city as reasonably to secure to
them good, fresh. wholesome meats.
Sec. 3. The commissioner OF health
shall have the care, custody. charge and
management Of the city abattoir, and it
shall be his duty to see that the same is
conducted in clean and orderly manner,
and that all the provisions. rules and reg.
ulations adopted by the city council for
the government and use thereof are en-
forced, and that the rights and privileges
of all persons entitled to use the same are
allowed and given without discrimination
or distinction; and in the conduct and
management of said abattoir the commits
sioner of health is hereby authorized and
empowered to employ a deputy or depu>
ties; the number and compensation of
such deputies to be fixed and determined
by the city council.
Sec. 4. Every person licensed under
the ordinances of this city to sell fresh
meats shall be entitled to use said abat.
toir upon compliance with the provisions
rrlQQ md ran,tlatinnc ha
thereof.
Sec. S. If any person licensed under
the ordinances of this city to sell frest
meats shall, in the use of said abattoir
refuse or neglect to comply with the pro
visions, rules and regulations governing
the use thereof, the commissioner Of
health shall suspend snch person from
further use thereof and shall forthwith
report such suspension and the cause
thereof to the city council for its actor
thereon.
Sec. 6. Said abattoir shall be open fol-
use for the inspection and slaughter OF
animals each day from 4 o'clock a. m. to
2 o'clock a. m, and from o'clock D. IN
to o'clock p. m. during the period
from May to Nov. /, and from O'Clock
q. m, to y O'Clock a. m, and from II
o'clock q. IN. to 6 o'clock D. m, during
the period from Nov. / to May /.
Sec z. Every person licensed under the
ordinances of this city to sell fresh meats
of cattle, hogs. sheep. calves or lambs
shall. before offering such meats for sale,
have the same inspected and approved
by the commissioner of health or his dep
uty at the city abattOir or at any licensed
packing house or other place in this city
licensed for the slaughter of animals
And il shall be the duty of said commits =
sioner OF health, in person or by deputy,
to inspect meats at said places other than
said abattoir at all reasonable hours, and
to as fully as possible meet the conven-
fence of persons asking such inspection
Sec. 8. All cattle. hogs, sheep and
calves. the flesh of which shall be de.
sired to be sold by any person licensed tc
sell fresh meats within the limits of THU
city shall DE first inspected by the com.
missioner OF health or his deputy at the
city abattoir or at any licensed packing
house or other place in this city licensed
for the slaughter of animals before
slaughter thereof, and before such flesh
shall be sold or offered for sale by any
person licensed.
Sec. 10. 1t shall be unlawful for any
person licensed to sell fresh meats to sell
or offer for sale within the limits of said
city any fresh meats Except venison,
poultry, fish or wild game) unless the
same has been first inspected and ap-
proved by the commissioner of health OF
his deputy as herein provided.
Several questions of technical char
acter have been raised and discussed in
the argument, but in the view we take OF
the record, there is but one question OF
any Importance presented, and that is
whether the city council of Rock Island,
under its charter. had the power to pass
the ordinance establishing the city abat-
toir and appropriate the revenues of the
city for its erection and maintenance
and this the only question which it will
be necessary to consider.
Under chapter "a, article of our re-
vised statutes of 1874, ninety six separate
and distinct powers have been conferred
on the city council in cities, and upon
the president and board of trustees in
villages. The powers relate to the yari.
GUS wants and necessities which the leg
islature no doubt supposed should be
conferred upon such corporations to ena-
BILE them to preserve order, prevent vio-
lations Of law, make due and proper
regulations TO secure the health of the
inhabitants and such other things as per-
tain to the property and welfare of such
Incorporated bodies. 1t will be observed
however. that of the powers enumerated,
none in terms authorize the construction
or maintenance Of an ahatfnir or r,,.hIiS
slaughter house, by the legislative depart-
ment of the Incorporation; and we find
no such express power conferred by any
provision Of the statute. The city OF
Rock Island derives its powers, what>
ever they may be, from the act of the
legislature providing for the incorpora-