The daily morning oasis. [volume] (Nogales, Ariz.) 1917-1920, 1920-08-17
CITY HAS THE POWER

In the July number of ":The American City,"
magazine devoted to municipalities and municipal
problems there may be read an article that is repro
duced in the two subsequent paragraphs:
"In decision handed down June IL, in the case
of City of st. Paul Kessler ct AL the Minnesota
Supreme Court holds that undertaking establish
ments and so-callea funeral homes may properly be
held nuisance in districts of city occupied ex-
clusively for residences and an ordinance prohibit
ing them therein is valid provided the city has been
granted the authority to restrict prohibit
1uisances The opinion further holds that st. Paul
charter confers such authority by granting power
to define regulate and abate nuisances and to reg
uate Che location of stockyarls slaughter houses,
rendering plants SOAP factories tanneries stables
privies and other unwhoesome or nauseors houses
or places
"The Court adds that the general welfare clause
Of municipal charter empowers cities to prescribe
districts within which business or occupation Of
r"xiuos offensive character or which tends to in
terfere with the comfort prosperity Of others may
be carried or"
The foreooinc is yioht in Tine with +le cor+en-
zion of property owners and business houses alone
Grand Avenue in the Citv If Nooalns that the Inn
her wards should be removed f'nr, Hn; nreenn+
trail location to one remn+e Tho law Of Ari-
conferrino powers r,rnio;ra'i+ies is vorv
like that IF Ninnernfa nrd +hn eir,;lor
to those in thn st Parl citv cho-tor e0T1n Oae;s IS
- - 49, .HA r,. owl so ,,,o,-i,,r
to eliminate the lumber yards from their present
location. asked the Civ would he sustained nv The
Arizona Supreme Court just has been thn CIV IF
st. Paul by the Minnesota Supreme Court Under
the Arizona statute the City of Nooales has full
wer to follow the language in the last clause of the
second paragraph quoted, and prescribe districts
within which no business occupation Of ncxious
offensive character which tends to interfere with the
comfort prosperity Of others may be carried on"
All property owners and business houses along
Grand Avenue maintain that close proximity Of the
lumber yards interferes with their comfort and
prosperity. Attorneys in the Noon building say that
the piercing noise of the Roy & 'ritcomb planning
mill MACHINERY in their lumber yard right across the
street interferes with transaction Of business with
their Clients Propretors of stores FACING the same
lumber yard make the same complaint with regard
to annoyance fn themselves and their customers
Fhe Hotel Bowman ara Hotel Pr1rton COMPLAIN that
the rest of their guests is broken nv the same I'M
earthly noises produced both Gav and noht the ma
chnery running frequently on extra time. Many
more instances can be cited where presence of the
lumber yards in their present LOCATION "interferes
with the comfort and prosperity of others and nay
be prescribed by the city.
City Attorney Purdum informs ''The Oasis that
The looks fln with decisc:s like the one quoted
above, III other states, where their highest tribunals
lave sustained cites in doing similar service to their
citizens that is asked of the Beard of Aldermen of
Nogales at this t!e.