Coreil v. Town of Welsh

Citations

• 120 La. 557
• 45 So. 438
• 1908 La. LEXIS 539

Syllabus

<p>1. OoUETS — SUPEEHE COURT — JURISDICTION.</p> <p>The clause of the Constitution directed against illegal fines, forfeitures, and penalties confers jurisdiction in the present case.</p> <p>On the Merits.</p> <p>2. Municipal Corporations — Ordinances— Charter.</p> <p>Under its police power as conferred by the first charter of the town, it had the right to adopt an ordinance with the view of putting an end to the nuisance committed by horned cattle running in the town.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 36, Municipal Corporations, § 1336.]</p> <p>3. Same — Chaetee—Amendment.</p> <p>The amendment of the original charter is considered as binding, although the whole amendment was submitted to the electors and adopted as one amendment, and although it was not specially numbered. Besides, the objection in argument has but little force, in view of the fact that the question is not raised in the pleadings.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 36, Municipal Corporations, §§ 123, 124; vol. 46, Trial, § 284.]</p> <p>4. Same — Authoeitv to Adopt Oedinanoe.</p> <p>Under both the original charter and the amendment there was a delegated authority in the town sufficient to authorize it to adopt the ordinance attacked.</p> <p>5. Same — Nuisance.</p> <p>The town has authority to defend itself againsr nuisances, not the least of which are cattle running through the streets, squares, and other public grounds.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 36, Municipal Corporations, § 1336.]</p> <p>(Syllabus by the Court.)</p>