80 Ala. 579 | Ala. | 1886
The charter of the town of Greensboro confers authority : “ To pass and enforce all ordinances deemed necessary or proper to prevent the introduction of infectious diseases, and to preserve the health of the inhabitants of the same.” Under this power, the corporate authorities passed an ordinance declaring : “That it shall be unlawful for any person to import, sell, or otherwise deal in cast-off garments, blankets, bedding, or bed-clothes in said town of Greensboro ; Provided, that this ordinance shall not apply to the sale of said articles not imported, and that have not been used by persons having infectious diseases;” and prescribing a penalty for its violation. The validity of the ordinance is the question for determination.
The legislature has undoubted power to authorize, and the authority conferred is ample, to pass ordinances on the enumerated subjects — the prevention of the introduction of infectious or contagious diseases, and the preservation of the public health. Ordinances, having for their object the protection of the health of the inhabitants, which is one of the principal purposes and most important duties of municipal governments, are generally regarded as police regulations, subject to which the individual holds his rights of liberty and of property. Presumptions will be indulged in favor of their necessity, propriety, and validity, and when not unreasonable, nor partial, nor oppressive, nor inconsistent with the legislative policy of the State, should and will be sustained. Considered a part of a system of police regulations in aid of the preservation of the public health, the courts will not interfere with, or set them aside, unless the power has been manifestly transcended. By the grant of power, the character and special provisions of the
The general statutes provide quarantine as the means to prevent the introduction of infectious or contagious diseases. To this end, any town or city may establish a quarantine ground ; the corporate authorities may, from time to time, prescribe the quarantine to be observed by all vessels arriving within the harbor or vicinity ; may extend such regulations to all persons, goods, and effects in such vessels; and may compel any person coming into town, by land, from a place infected with a contagious disease, to perform quarantine, and be restrained from travelling until discharged. — Code of 1876, §§ 1507-1512. The policy of the statutory provisions is the regulation of trade and travel by temporary restraint, not extending beyond the occasion and scope of the. necessity — self-defensive, which is the limitation on the police power of the State imposed by the Federal Constitution. — Railroad Co. v. Husen, 95 U. S. 465. The State can not confer upon the subordinate agencies of the government powers which it does not possess, and can not exercise. The general grant in the act of incorporation, it will be presumed, had reference to these and kindred regulations. We do not mean, that the corporate authorities may not adopt and provide other and additional regulations; but that they should be in accordance with the spirit and policy of the general statutes.
The professed object of the ordinance, as shown by the preamble reciting the recommendation of the officers and members of the board of health, is to protect the health of the community. While unquestionably the municipal govern
Affirmed.