Ex parte Canto

Citations

• 21 Tex. Ct. App. 61
• 17 S.W. 155
• 1886 Tex. Crim. App. LEXIS 94

Syllabus

<p>1. Charter of the City of Bryan—Municipal Regulation of Market Houses.—Legislative enactments which authorize municipal authorities to regulate markets and market places are more liberally construed than those which invest the corporation with more unusual or extraordinary powers. The charter of the city of Bryan, conferring upon the council the power “to regulate the erection, use and continuance of market houses,” authorized the enactment of an ordinance prohibiting the sale of fresh beef, within market hours, at a place within the city of Bryan, other than the market house of said city.</p> <p>2. Same.—While the power of the city council to enact by-laws relative to public market houses, will not authorize the corporation to prohibit, entirely, the sale of meats within its limits, because such prohibition would be in restraint of trade, still the council has the power to enact a by-law forbidding the hawking about, or selling by retail, meats, etc., except at the public markets, and within certain limits about the same.</p> <p>3. Same—Monopoly.—The enactment of an ordinance exacting a reasonable amount as a license from persons occupying stalls and stands in the public market house, does not create a monopoly. Thirty dollars per quarter for the occupation of a meat stall in the city market of Bryan is, ynder the evidence in this ease, held to be a reasonable license fee.</p> <p>4. Same—Evidence.—See the opinion for evidence held sufficient to establish the enactment of a city ordinance of which the record had been destroyed.</p>