City of New Orleans v. Collins

Citations

• 52 La. Ann. 973

Syllabus

<p>Syllabus.</p> <p>1. A demurrer attacking the constitutionality of an ordinance as a whole, is properly overruled where any part of the ordinance is constitutional.</p> <p>2. The ordinance of the city of New Orleans making it unlawful for any person to engage in the operation of a slot machine, either as keeper, or owner, or player thereof, where the prize or reward given or to be given is money, merchandise, or checks redeemable in money, or an order to any third person for money or merchandise, and punishing the violator of the ordinance by fine or imprisonment, or both, is not in excess of the powers delegated to the city of New Orleans by the General Assembly, nor is it inconsistent with or repugnant to the fourth section of Act No. 57 of 189S.</p> <p>3. The fourth section of Act 57 of 1898, does not authorize or legalize the operation of such machines in any manner or form, or for any purpose.</p> <p>It leaves the question of the legality of the operation of such machines where the prizes are stock in trade in licensed establishments to be tested and determined by the courts.</p> <p>4. If the subject matter of an ordinance falls within the scope of the powers delegated to the municipality, it is not necessary to give validity to the exercise of the power by the city, that the State itself should have acted upon the identical matter which is covered by the ordinance.</p> <p>5. If the general powers delegated to a city cover several distinct subjects, an ordinance legally referable to any one of them for its source will stand.</p> <p>6. An authority to the city to imprison certain designated classes of persons, carries with it a delegated power to pass the necessary prohibitory and penal ordinances on the subject matter, for the violation of which the imprisonment is to follow.</p> <p>7. The use of a slot machine, where an element of chance determines whether the prizes are to be given, brings such operation under the definition of a lottery, whether the prizes