City of New Orleans v. CharouLeau

Citations

• 121 La. 890
• 46 So. 911
• 1908 La. LEXIS 768

Syllabus

<p>1. Animals — Powers of City — Diseased Cows — Regulation of Dairies.</p> <p>Power “to maintain the city’s cleanliness and health, and to this end to regulate the location of, and the inspection and cleaning of, dairies, * * * and to adopt such ordinances and regulations as shall be necessary or expedient for the protection of health and to prevent the spread of disease,” is a plenary delegation of police power in connection with the police of dairies, and invests the city council with all the authority which the state itself is possessed of to require dairy cows in a large city to be inspected, and, if found to be affected with tuberculosis, to be destroyed, without compensation to the owner.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Animals, § 82.]</p> <p>2. Same — Destruction Without Compensation.</p> <p>It being shown that tuberculosis in a cow may be ascertained by a practically infallible test, and it being further shown that the presence of a cow so affected in a dairy in a city is a serious menace to the public health, the public authorities have the same right to require the destruction of such cow without comXiensation to the owner and without judicial inquiry as they have to require the destruction of decayed fish, meats, and vegetables.</p> <p>[Ed. Note.' — Eor cases in point, see Cent. Dig. vol. 2, Animals, § 82.]</p> <p>3. Municipal Corporations — Exercise oe Police Powers.</p> <p>The city council may exercise its police power through the agency of boards or insxiectors.</p> <p>(Syllabus by the Court.)</p>