Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-05-23
,ration. Those powers are as fol>


cleansing of the streets, alleys, etc.
Is. To regulate and prevent the de-
posting of ashes. offal. dirt. garbage or
any offensive matter in any street, alley.
etc.
40. To provide for the cleansing and
publication Of water. water courses, etc.
40. To establish markets and market
houses, and to provide for the regulation
and use thereof.
so. To regulate the sale of meats,
poultry, fish, butter, cheese. lard. vegeta-
bles and all other provisions. and to pro-
vide for place and manner of selling the
same.
So. To provide and regulate the in.
spection of meats, poultry, fish, butter,
lard. cheese, vegetables, cotton. tobacco,
flour, meal, and other provisions.
81. To regu ate the construction, re.
pair and use of vaults, Sisterns. areas,
hydrants, pumps, sewers and cutters.
rs. To declare what shall be mus
sance, and to abate the same; and to i'm
pose fines upon parties who may create,
continue or suffer, nuisances to exist.
rs To appoint board of health, and
prescribe its powers and duties.
and medical dispensaries and control and
regulate the same.
70. TO do all acts, make all regula
tons which may be necessary or expedl-
ent for the promotion of health or the
suppression of disease.
70. To establish and regulate cemete-
ries. within or without the CORPORATION,
and acquire lands therefor. by purchase
or otherwise, and cause cemeteries to be
removed. and prohibit their establishment
within one mile of the corporation.
81. To direct the location and regu-
late the management and construction of
packing houses, renderies, tsllow chan
dleries, bone factories. soap factories and
tanneries within the limits of the city or
village, and within the distance of one
mile without the city or village limits.
50. To direct the location and regu
late the use and construction of brewe-
ries, distilleries, livery stables, blacksmith
shops and foundries within the limits of
the city or village. Also "a. 81 to tax
and license them.
SO. To prohibit any offensive or un>
wholesome business or establishment
within, or within one mile of the limits
of the corporation.
"a. To compel the owner of any gro
Gerry cellar, soap or tsllow chandlery, tan
merry, pig ty,privy, or other
regulate the location thereof.
From an examination of these different
provisions of the statute can it with
reason be said that the power TO erect or
maintain an abattoir con be implied In
or incident to any one of themf We
have not been able after a careful con-
sideration of the subject to arrive
at conclusion of that character Sure>
ly there is nothing in the language of
either of the powers granted that would
lead to the conclusion that the erection of
a public slaughter house by the city was
within the contemplation of the legisla-
ture in the enactment of these provisions.
But 1t is claimed that the city has the
right to erect and maintain the abattor
under paragraph SO of article 5 of the in.
corporation act which declares that the
city shall have the power to provide for
and regulate the inspection of meats,
poultry, fish, butter, lard, cheese, cotton,
tobacco, flour, meal, and other provis-
ions. Under this clause the city of Rock
Island had the undoub ted power to make
reasonable provision for the inspection
OF meats which may be offered for sale in
the city; but an inspection of the ordi>
nance will demonstrate that 1t is not one
of that character. When the different
provisions of the ordinance are cOnsid-
cred, it is apparent that its true object
and scope is to provide place where all
animals shall be slaughtered within the
city, under the management, direction
and control of the city; in other words
the ordinance provides for an abattoir
and maintenance of public slaughter
house within the city by an officer of the
city; section 6 of the ordinance provides
that the abattOir shall be open for use for
the inspection and slaughter of animals
each day during the year during specified
hours. Section requires all cattle. hogs,
sheep and calves. the flesh of which shall
be desired to be sold by any person
licensed to sell fresh meats within the
city shall be inspected by the commits
sioner OF health at the city abattoir or at
any licensed packing house IN the city
before such animals are slaughtered.
The different provisions of the ordis
nance as well as the answer of the city
show beyond question that the purpose
OF the city was not to provide place for
the inspection of meals. 1t would be
placing too narrow a construction on the
ordinance in question and one too, not
authorized by its terms, to hold that it
was designed to make provision for an in
spection of meats. But it is said the city
has the power under paragraph 7S which
authorizes it ito do all acts, make all
regulations, which may be necessary or
expedient for the promotion of health or
the suppression of disease" as a sanitary
measure. 1t will, however, be observed
that the incorporation act contains special
enumerated provisions authorizing the
city council to do certain specified acts
for the preservation of the health of the
city and the suppression of disease, as
respects any offensive or unwholsome
business or establishment which may be
conducted or maintained in the city As
has been seen under paragraph 81, the
city council is authorized to direct the To-
cation and regulate the management and
construction of packing houses, renderies,
bone factories, soap factories and tan
neries within the limits of the city and
within the distance of one mile without
the city limits. Under paragraph SO
power is conferred to direct the location
and regulate the use and construction of
breweries, distilleries, livery stables,
within the limits of the city. Also to
tax and license them. And under para
graph SO power is conferred to prohibit
any offensive or unwholesome business or
establishment within, or within one mile
OF the limits of the corporation; and
under "a the city council may compel the
owners of any unwholesome house or
place to cleanse. abate or remove the
same. and to regulate the location there's
Of. There are sundry measures for the
promotion of health and the suppression