106 P. 705 | Utah | 1910
A complaint was filed against the defendant in the city court of Salt Lake City, in which it was alleged that the defendant was engaged in the purchase and sale of milk in that city, and that he brought milk into that city and there had in his possession and offered it for sale, and sold it, without obtaining a permit from the food and dairy commissioner of the city, contrary to the provisions of section 256, chap. 19, as amended, of the Revised Ordinances of the city. Erom a judgment of conviction the defendant took an appeal to the district court. Upon a trial de novo in that court the defendant was again found guilty, and adjudged to pay a fine of fifty dollars. Erom that judgment the defendant has taken an appeal to this court.
He claims the ordinance is invalid. The ordinance among other things, provides for the appointment of a food and dairy commissioner of the city, and gives him power “to enforce in Salt Lake City” all ordinances and laws “re-
It is true, as was said by the court in the ease of Gundling v. City of Chicago, 176 Ill. 340, 52 N. E. 44, 48 L. R. A. 230, where the court had under consideration a provision similar to those of subdivisions 44 and 45 of our statute, “the term ‘other provisions,’ by a familiar canon of construction, can extend only to articles of the same character as those specifically enumerated. When general words follow an enumeration of particular things, such words must be held to include only such things or articles as are of the same kind as those specifically enumerated.” But we think, as was there held, that the term includes all articles or products of food for man. So holding is but applying it to “such things or articles as are of the same kind as those specifically enumerated.”
Furthermore, we are of the opinion that ample power is also conferred upon the municipality to regulate the sale of milk, and to require a permit to be obtained by persons selling or offering to sell it within the city, as provided by
There is a general statute (title 18, sections 729-746x39, Comp. Laws 1907, p. 379) relating to “dairy and food products,” creating the office of a state dairy and food commissioner, prescribing his duties and powers, regulating sanitary conditions of premises where cows are kept for the production of milk, and forbidding the sale of adulterated, unwholesome, and impure dairy products, including milk. It is insisted that by such general statute “the state has provided in detail for state inspection and regulation” of dairy and.food products, and for that reason it was not competent for the municipality to regulate the sale and inspection of milk within the corporate limits, and as provided by the ordinance. In the first place the Legislature could confer police powers upon the municipality over subjects within the provisions of existing state laws, and au-
The prohibited and punishable acts of the ordinance drawn in question not being in conflict with any law of the state, and the specific penalties prescribed by the state not relating to such acts, the municipality could impose any penalty relating to them within the limitation • prescribed by law, which is a fine in any sum less than three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Subdivision 88, section 206, Comp-. Laws 1907.)
It is further contended that the ordinance is void because “the subject is not clearly expressed in its title.” The title and enacting clause are as follows: “An ordinance amending, revising, and re-enacting chapter 19, sections 240 to 267 inclusive, of the Revised Ordinances of Salt Lake City of 1903. Be it ordained by the City Council of Salt Lake City, Utah.” There is nothing in the Oonstitu-
A mere reading of these sections is sufficient to show that they have no application to municipal ordinances or bodies.
The validity of other provisions of the ordinances is also questioned; but, as they are not involved in this litigation, it is unnecessary to express an opinion on them.
We think the judgment of the court below ought to be affirmed. It is so ordered.