Blanchard v. Ivers

Citations

• 40 Fla. 117

Syllabus

<p>1. Under a legislative grant of power to a municipality to make regulations by ordinance to secure the general health of its inhabitants and to prevent and remove nuisances, to regulate the vending of meat, poultry, fish, fruits and vegetables, and to restrain and punish the forestalling and regrating of provisions and to establish and regulate markets, the city may by ordinance establish a public market and confine marketable articles there, provided such ordinance be reasonable, considered with reference to the welfare of the community and not in restraint of trade- The rule announced in City of Jacksonville v. Ledtcith, ©6 Fla. 163, 7 South. Rep. 885, followed.</p> <p>2. An ordinance of the City of Jacksonville, passed under a sufficient legislative grant of power, established a public market and prescribed territorial limits for the same, embracing about - one-sixth of the entire area, and about three-fifths of the population of the entire city, and the testimony tended to sho-w that the public market place was conveniently established within the market limits, considering the territory and facilities of reaching it- Outside of the limits prescribed for the public market other markets were established and no defect is alleged as to such market regulations: Reid, That the ordinance was not unreasonable, considered with reference to the market limits and the population to be served.</p> <p>3. An ordinance appearing on its face to have been passed in pursuance of powers conferred upon the city in reference to establishing and regulating markets, with no inherent indication of its being a revenue act, is presumptively valid, and will not be declared void on the ground that it is for revenue, when the testimony fails to show that the amounts required to be paid for market privileges are in excess of the necessary expenses imposed by the maintenance of the market.</p> <p>i. The portions of the ordinance of the City of Jacksonville passed in August, 1897, objected t