190 Mo. 514 | Mo. | 1905
This is another appeal involving the constitutionality and validity of the milk ordinance of the city of St. Louis, numbered 20808. Section 19 of
The only difference between this case and that of St. Louis v. Liessing already considered and affirmed and reported at page 464, is that in this case the 19th section of ordinance No. 20808, which provides that no cream shall be sold, carried or exposed for sale which contains less than twelve per cent of butter fat, while in that case, section 18 of the same ordinance was challenged which provides that no milk should be sold, etc., unless it shows on analysis not less than three per cent by weight of butter fat, eighty-five per cent solids not fat, and seventh-tenths of one per cent ash. The two cases involve the same principles of law, to-wit, the dignity of the ordinance as a law; its validity as the exercise of the police power under the authority conferred by the charter; its constitutionality with reference to the State and Federal Constitution; the right to establish a stmdard of purity of milk and cream; its binding-effect upon the courts; the validity of the ordinance as affected by the contention that it is inconsistent with a prior unrepealed ordinance; the validity of parts of an ordinance if other parts are invalid, if severable; the