Reinman v. City of Little Rock

Citations

• 237 U.S. 171
• 35 S. Ct. 511
• 59 L. Ed. 900
• 1915 U.S. LEXIS 1323

Syllabus

<p>The decision of the state court of last resort that a municipal ordinance is within the scope of the power conferred on the municipality by the legislature is conclusive upon this court.</p> <p>Where the state court has held that an ordinance is within the power conferred on the municipality it must be regarded as a state law within the meaning of the Federal Constitution.</p> <p>Any enactment, from whatever source originating, to which a State gives the force of law is a statute of the State within the meaning of § 237, ■ Jud. Code, conferring jurisdiction on this'court.</p> <p>Even though a livery stable is not a nuisance per se it is within the police power of the State to regulate -the business, and to declare a livery stable to be a nuisance, in fact and in law, in particular circumstances and particular places; if such power is not exercised arbitrarily or with unjust discrimination it does not infringe upon rights guaranteed by the Fourteenth Amendment.</p> <p>The opinion of the state court is to be interpreted in the light of the issue as framed by the pleadings.</p> <p>Where averments of facts in the complaint are contradicted by the answer, and the expression used by the court “dismissed for want of equity,” may, under the practice of the state court, as in Arkansas, indicate dismissal on the merits as distinguished from a dismissal based upon á formal defect or fault — this court assumes that the state court adopted the facts set up in the answer, that being the basis of facts which would most clearly sustain its decision.</p> <p>The ordinance of the City of Little Rock, Arkansas, making it unlawful to conduct the business of a livery stable in certain defined portions of that city, is not unconstitutional as depriving an owner, of a livery stable already established within that district of his property without due process of law or as denying him equal protection of law.'</p>