254 U.S. 228 (1920), 74, Nicchia v. New York

Docket Nº:No. 74
Citation:254 U.S. 228, 41 S.Ct. 103, 65 L.Ed. 235
Party Name:Nicchia v. New York
Case Date:December 06, 1920
Court:United States Supreme Court
 
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Page 228

254 U.S. 228 (1920)

41 S.Ct. 103, 65 L.Ed. 235

Nicchia

v.

New York

No. 74

United States Supreme Court

Dec. 6, 1920

Argued November 17, 1920

ERROR TO THE COUNTY COURT OF KINGS COUNTY,

STATE OF NEW YORK

Syllabus

It is within the police power of a state to require payment of license fee by the owner of dogs in cities under penalty of fine. P. 230.

If, in exercising this power, the state sees fit to provide that the license shall be issued and the fees collected by a private corporation created by the state for the purpose of aiding in the enforcement of laws enacted to prevent cruelty to animals, and that the fee so collected shall be applied by such corporation in payment of its expenses fairly incurred, and as just compensation for valuable service rendered in such law enforcement, the owners of dogs are not thereby deprived of property or liberty in violation of the Fourteenth Amendment. P. 231.

224 N.Y. 637 affirmed.

The case is stated in the opinion.

MCREYNOLDS, J., lead opinion

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Plaintiff in error owned two dogs which she harbored within New York City without having obtained the license required by c. 115, Laws of New York of 1894, as amended by c. 412, Laws 1895, and c. 495, Laws 1902. She was charged with violating the statute on November 11, 1916,

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found guilty in the City Magistrates' Court, Brooklyn, and required to pay a fine. The court of appeals affirmed the judgment without opinion.

Chapter 115 as amended provides:

Section 1. Every person who owns or harbors one or more dogs within the corporate limits of any city having a population of over eight hundred thousand shall procure a yearly license and pay the sum of two dollars for each dog.

* * * *

Sec. 8. The American Society for the Prevention of Cruelty to Animals is hereby empowered and authorized to carry out the provisions of this act, and the said society is further authorized to issue the licenses and renewals, and to collect the fees therefor, as herein prescribed, and the fees so collected shall be applied by said society in defraying the cost of carrying out the provisions of this act and maintaining a shelter for lost, strayed, or homeless animals, and any fees so collected and not required in carrying out the provisions of this act shall be retained by the said society as compensation for enforcing the provisions of title sixteen of the penal code and such other statutes of the state as...

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