67 So. 522 | La. | 1915
Section 7 of Act No. 192 of 1898, as amended by Act No. 173, p. 313, § 2, of 1912, gives authority to municipal boards of health to pass health and sanitary ordinances for the disposition of faecal matter, and prescribes a penalty of not less than $10 and not more than $25, or imprisonment for not more than 30 days, or both said fine and imprisonment, for any violation of such ordinances.
In pursuance of this authority the board of health of the city of Crowley adopted an ordinance forbidding open closets and establishing a bucket system, providing a vidangeur service for the periodical emptying and disinfecting of the buckets, fixing a charge of 50 cents per month for such service for each family, payable each month in advance not later than ten days after the first of the month, and imposing a finé of not less than $2.50 and not more than $25, or imprisonment at the discretion of the court, for a violation of the ordinance.
The relator was prosecuted under this ordinance, and was sentenced to pay a fine of $10, or 20 days’ imprisonment. This sentence was based not on the ordinance, but on the statute; the ordinance, in so far as imposing a penalty, was held to be unauthorized and null.
The statute in effect says that whoever shall violate an ordinance of the board of health shall be punished thus and so. The offense consists in the violation of an ordinance of the board of health. We do not see what further definition than this could be necessary. The question of whether the Legislature may denounce a penalty for the violation of the rules and regulations which it authorizes one of its governmental agencies to make was considered, and decided affirmatively, in U. S. v. Grimaud, 220 U. S. 506, 31 Sup. Ct. 480, 55 L. Ed. 563, and Light v. U. S., 220 U. S. 523, 31 Sup. Ct. 485, 55 L. Ed. 570.
This 50 cents per month is not a civil obligation ; it is the cost of removing and disinfecting the bucket of relator’s premises at the
The next contention is that the said charge is unreasonably large. Whether it is so or not was a matter for evidence; and none was offered on that point.
The next contention is that only two of the five members of the board of health voted for said ordinance; and that therefore it was never adopted. There is an admission to the contrary in the record. And the same admission covers and refutes the contention that said ordinance was never promulgated.
The order nisi herein is therefore recalled, and the present application is now denied at the cost of the relator