74 S.E. 582 | N.C. | 1912
The facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Clark. The defendant, who lives outside the corporate limits of Greensboro, was indicted in the Municipal court of the city of Greensboro for unlawfully and willfully "keeping and running hogs in a lot within one-fourth of a mile of the corporate limits of the city *533 of Greensboro," in violation of the city ordinance which is set out and which provides: "It shall be unlawful for any person, firm, or corporation to keep any hogs or pigs within the corporate limits of the city of Greensboro or within one-fourth of a mile of said limits."
On appeal from the Municipal court the warrant was quashed, and the State appealed.
The General Assembly provides in the charter of Greensboro, Private Laws 1911, ch. 2, sec. 27, that all ordinances of the city of Greensboro enacted "in the exercise of police powers given to it for sanitary purposes or for the protection of the property of the city, shall apply to the territory outside of said city limits within one mile of same in all directions."
The Legislature has unquestioned authority to confer upon the town authorities jurisdiction for sanitary or police purposes of territory beyond the city limits. 28 Cyc., 704, 20 A. E. Enc., 1148, and cases there cited. This is sometimes conferred for police protection, but oftener for the preservation of public health. Power is often granted to the town authorities to police the watershed beyond corporate limits so that the city may have pure water. Also to insure cleanliness, to protect the sewerage, and for many like purposes to protect the health of those living within the city. Among the most notable cases are VanHook v. Selma,
There are many other cases to like effect and none to the contrary. Among the late cases are Gower v. Agee,
The argument that the town of Greensboro is governed under the Commission form of government, with "initiative, referendum, and recall," and therefore that its municipal authorities should have no control outside of the city limits, is wanting in application. (638) The question is not how the city authorities are chosen, but what power the Legislature has conferred upon them over adjacent districts beyond the city limits in which may be set up establishments, business, or other things which would be injurious to the health of its people. There is nothing in our Constitution which restricts the Legislature in the exercise of its police power from conferring upon the municipal authorities of Greensboro such power. Indeed, the Municipal court of Greensboro is given jurisdiction outside the city limits and such jurisdiction has been affirmed at this term in S. v.Brown, citing S. v. Shine,
The city, therefore, had the same power to pass this ordinance and make it applicable to a district within a quarter of a mile outside the city limits as it had to prohibit "keeping any hogs or pigs within the corporate limits." The question therefore, is whether it could pass such ordinance applicable within the city limits. In S. v. Hord,
Even if this Court were of opinion that the ordinance is not (639) sound public policy and might work hardship, we could not declare it invalid. The Legislature has conferred jurisdiction upon the town commissioners "to make such rules and regulations, not inconsistent with the Constitution and laws of the State, for the preservation of the health of the inhabitants of the city as to them may seem right." Private Laws 1911, ch. 2, sec. 17. An appeal in such case must be to the lawmaking power. Red "C" Oil Co. v. Board of Agriculture,
The language of the ordinance forbids "keeping any hogs or pigs within the corporate limits of the city of Greensboro or within one-fourth of a mile of said limits." The warrant charges that the defendant "did unlawfully and willfully keep and run hogs in a lot within one-fourth of a mile of the corporate limits of the city of Greensboro." It therefore comes within the terms of the ordinance. It does not appear what size the lot was, nor is it material. The ordinance prohibits "keeping hogs" within the limits named. In Darlington v. Ward,
The greatest advance of the age probably is towards the preservation of the public health and in measures for the prevention of disease. The Legislature conferred power upon the municipal authorities of Greensboro to adopt sanitary regulations. In passing this ordinance they acted within this authority, and doubtless upon the advice of the sanitary board.
The necessity and the benefit of sanitation cannot be better shown than by a statement which recently appeared in a Government publication that in Cuba, a tropical country, under the impetus given by United States supervision, there is an expenditure now of 46 cents per capita for better sanitation and an annual mortality of 15 per 1,000 of the population, while in North Carolina, in naturally a healthy climate, there is an expenditure of only 1 cent per capita and a mortality of 18.3 per thousand of population, or 22 per cent greater. In view of such fact, the courts will be slow to interfere with sanitary regulations which have been adopted by city authorities, presumably in accordance with the wishes of the most intelligent and advanced portion of its population, even if we possessed the power to interfere. It is not our province to review the action of boards of sanitation, within the limits of their powers. The judgment quashing the warrant is
Reversed.
WALKER and ALLEN, JJ., dissenting.
Cited: S. v. Bass,
(641)