Nos. 25528, 25626
City of New Orleans v. New Orleans Butchers' Co-op. Abattoir
On appeal from the Second Recorder's Court of New Orleans.
Ordinance No. 3018, approved January 5, 1916, is as follows:
"An ordinance relative to the business of rendering lard, oil, fat, grease, or other substances of kindred character, from animals or animal matter.
"Section 1. Be it ordained by the commission council of the city of New Orleans that hereafter it shall be unlawful for any person or persons, firm, corporation or corporations, to engage in the business of rendering lard, oil, fat, grease, or other substance of kindred character, from animals or animal matter, within the territorial limits of the city of New Orleans.
"Sec. 2. Be it further ordained, etc., that any person or persons, firm, corporation or corporations, violating the provisions of this ordinance shall, upon conviction thereof before any court of competent jurisdiction, be fined not more than twenty-five ($ 25.00) dollars, or sentenced to imprisonment for not more than thirty (30) days, at the discretion of said court.
"Sec. 3. Be it further ordained, etc., that each and every day's violation of the provisions of this ordinance shall constitute a separate and distinct offense."
"Our opinion is that the Ordinance No. 3018 is not a valid exercise of the police power.
The verdict and sentence in each case is annulled."
