Town Council v. Pressley

Citations

• 33 S.C. 56
• 11 S.E. 545
• 1890 S.C. LEXIS 97

Syllabus

<p>1. Where a town council has authority under its police powers to pass ordinances for the preservation of health, no question can arise in the courts as to whether an ordinance restricting the cultivation of the soil beyond a limited area is necessary to the health of the town, or whether unrestricted cultivation would be a nuisance.</p> <p>2. Under the extensive police powers of the State, the legislature may limit the area of soil to be cultivated, when, in its judgment, the public health so demands, and may delegate this same power to a municipality to be exercised within its corporate limits.</p> <p>3. An ordinance of a town council which, in the interests of the public health, prohibits the cultivation in the town of a garden of more than one-eighth of an acre by any one family, is not unequal and unjust within the prohibitions of the State or United States constitutions in that it fails to fix the limits of the garden according to the area of land owned by the family.</p> <p>4. Nor is such an ordinance rendered unconstitutional by the fact that no such restriction is imposed upon persons residing in other communities of the State similarly situated.</p>