152 Ga. 842 | Ga. | 1922
(After stating the foregoing facts.)
The fourteenth amendment to the Federal constitution is not designed to interfere with the police power of the State to prescribe regulations to protect the health, peace, morals, education, general welfare, and good order of the people. Barbier v. Connolly, 113 U. S. 27 (5 Sup. Ct. 357, 28 L. ed. 923); State v. McCarty, 5 Ala. App. 212 (59 So. 543); Cassidy v. Wiley, 141 Ga. 331, 338 (80 S. E. 1046, 51 L. R. A. (N S.) 128). In the last case this court has held that the similar provision in our State constitution does not interfere with the exercise by the State of this power. If this statute falls within the circle of the police power, it lies out of the orbit of the due-process clauses of the Federal and State constitutions. So the question arises, does this statute come within the police power of the State? What is the police power ? " It ■ is universally conceded to include everything
essential to the public safety, health, and morals, and to justify the destruction or abatement, by summary proceedings, of whatever may be regarded as a public nuisance.” Lawton v. Steele, 152 U. S. 133 (14 Sup. Ct. 499, 38 L. ed. 385); Mack v. Westbrook, 148 Ga. 692 (98 S. E. 339). A very'large discretion is.vested in the legislature to determine what the public interests require, and what measures are necessary to their protection. Barbier v. Connolly, 113 U. S. 27 (supra); Kidd v. Pearson, 128 U. S. 1 (9 Sup. Ct. 6, 32 L. ed. 346); Mack v. Westbrook, 148 Ga. 690, 692 (supra).
The validity of statutes or ordinances authorizing the destruction of animals having infectious or contagious diseases has been sustained in a number of eases, as an exercise of the police power. Durand v. Dyson, 271 Ill. 382 (111 N E. 143, Ann. Cas. 1917 D, 84); New Orleans v. Charouleau, 121 La. 890 (46 So. 911, 18 L. R. A. (N. S.) 368); Newark etc. R. Co. v. Hunt, 50 N. J. L. 308 (12 Atl. 697); Chambers v. Gilbert, 17 Tex. Civ. App. 106
■AYhere the particular thing, or the act sought ,to be abated, is made a nuisance by statute, or is characterized as Such by the common law, or is such per se, and an officer is commanded by law to abater it, no notice or judicial determination is necessary as a prerequisite to its abatement. In such case an officer or agent effecting the abatement would not be liable. Mayor &c. of Americus v. Mitchell, 79 Ga. 807 (5 S. E. 201); Dunbar v. Augusta, 90 Ga. 391 (supra); Mayor &c. of Savannah v. Mulligan, 95 Ga. 323 (supra); Western &c. R. Co. v. Atlanta, 113 Ga. 537 (38 S. E. 996, 54 L. R. A. 294); Peginis v. Atlanta, 132 Ga. 302 (63
In cases where statutes or valid municipal ordinances define the . terms and conditions upon which property may be destroyed as a nuisance, or persons or property quarantined when infected by disease, or exposed to contagious disease, the officers or agents of a State or municipality act at their peril. Mayor Sc. of Savannah v. Mulligan, supra; McWilliams v. Rome, supra. Does this act declare cattle which have not been treated for tick eradication a nuisance? It prohibits the movement of cattle infested with the cattle-fever tick into, within, or through this State, at any time or for any purpose, except as therein provided. It requires the county authorities in each and every county, where tick eradication has not been completed, to .construct such number of dipping-vats as may be fixed by the State Veterinarian, and to provide the proper chemicals and other materials necessary to be used in the systematic work of tick eradication in such counties. Cattle, horses, or mules infected with cattle-ticks or exposed to tick infestation, where their owners, after thirty days written notice from a local or State inspector, shall fail or refuse to dip such animals every fourteen days in a vat properly charged with arsenical solution as recommended by the United States Bureau of Animal Industry, under the supervision of the local inspector in charge of tick eradication, shall be placed in quarantine and dipped and cared for at the expense of the owner by the local inspector. It is made unlawful for any inspector to knowingly permit any cattle, horses, or mules to be kept in the territory for which he is appointed, without being so treated. While this statute does not in so many words declare cattle which have not been treated for tick eradication, as provided in this act, to be' public nuisances, it does in effect make them such. York v. Hargadine, 142 Minn. 219 (3) (171 N. W. 773, 3 A. L. R. 1627). It is a matter of common knowledge that the cattle of this State were formerly infested with cattle-fever ticks, or were exposed to tick infestation; and it is now a matter of common knowledge that the cattle in certain counties of this State, including the county of Johnson, are still infected with these ticks, or exposed to such tick infestation. This court will take judicial cognizance of the fact that Texas fever, a communicable and dangerous
As this statute in spirit and effect declares cattle which have not been 'treated for tick eradication to be public nuisances and dangerous to' the cattle industry of the State, the same can be summarily quarantined and treated for the purpose of tick eradication. The prevention of disease is the essence of a ¡quarantine law. Such a law is directed not only to the actual disease, but to all that have become exposed to it. Smith v. St. Louis etc. Ry. Co., 181 U. S. 248 (supra).
The summary abatement of this nuisance by quarantine and dipping of these cattle is the only available and efficient method of accomplishing the ends sought. If the right to abate had to be judicially determined after notice to a cattle-owner and an opportunity to be heard, the remedy would prove practically worthless. Lieberman v. Van De Carr, 199 U. S. 552 (26 Sup. Ct. 144, 50 L. ed. 305); Adams v. Milwaukee, 228 U. S. 572, 584 (supra).
This statute is not unconstitutional for any of the reasons alleged by the plaintiff. We have undertaken to show above that it does not violate the fourteenth amendment to the constitution of the United States or the same provision of the constitution of this State. It does not violate the fifth amendment to the constitution of the United States, because that amendment is a limitation upon the power of Congress, and not upon the powers of the State. Quarantining infected cattle, and treating them for the eradication of disease, is not such a taking of property for public use as requires compensation to be made to the owner. Wherever property becomes a nuisance, the nuisance can be abated without compensation to the owner and at his own expense. Dunbar v. Augusta, 90 Ga. 390 (supra).
So we think the judge properly denied the injunction in this case.