City of Baton Rouge v. Butler

Citations

• 118 La. 73
• 42 So. 650
• 1906 La. LEXIS 835

Syllabus

<p>1. Intoxicating Liquors — City Ordinance— Validity.</p> <p>The grant of power “to license, regulate, and restrain” shops for the sale of intoxicating liquors is broad enough to warrant a city ordinance requiring applicants for such license to procure the written assent of a majority of the property owners in the immediate vicinity.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 29, Intoxicating Liquors, § 66.]</p> <p>2. Same — Control by Municipalities.</p> <p>Act No. 221, p. 451, of 1902, in granting the exclusive power to the authorities of parishes and municipalities to make such rules and regulations for the sale of intoxicating liquors as they may deem advisable, delegated to them all the powers of regulation inherent in the legislative department of the government.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 29, Intoxicating Liquors, §§ 7-13.]</p> <p>3. Constitutional Law — Legislative Powers — Delegation.</p> <p>That the Legislature may constitutionally authorize the enactment of such an ordinance was affirmed in City of New Orleans v. Macheca, 112 La. 559, 36 South. 590, and in City of New Orleans v. Smythe, 116 La. 685, 41 South. 33.</p> <p>Breaux, C. J., and Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>