Cases the Butchers Benevolent Association of New Orleans v. the Crescent Citylanding and Company Paul Esteben Ruch Rouede Maylie Firmberg Beaubay, William Fagan Broderick Seibel Lannes Gitzinger Aycock Verges, Thedealers and Butchers Association of New Orleans, and Charles Cavaroc v. the State of Louisiana Belden, the Butchers Benevolent Association of New Orleans v. the Crescent Citylanding and Company

CourtUnited States Supreme Court
Citation16 Wall. 36,21 L.Ed. 394,83 U.S. 36
Docket NumberATTORNEY-GENERAL,LIVE-STOCK,SLAUGHTER-HOUSE
PartiesCASES. THE BUTCHERS' BENEVOLENT ASSOCIATION OF NEW ORLEANS v. THE CRESCENT CITYLANDING AND COMPANY. PAUL ESTEBEN, L. RUCH, J. P. ROUEDE, W. MAYLIE, S. FIRMBERG, B. BEAUBAY, WILLIAM FAGAN, J. D. BRODERICK, N. SEIBEL, M. LANNES, J. GITZINGER, J. P. AYCOCK, D. VERGES, THEDEALERS' AND BUTCHERS' ASSOCIATION OF NEW ORLEANS, AND CHARLES CAVAROC v. THE STATE OF LOUISIANA, ex rel. S. BELDEN, THE BUTCHERS' BENEVOLENT ASSOCIATION OF NEW ORLEANS v. THE CRESCENT CITYLANDING AND COMPANY
Decision Date01 December 1872

'SECTION 1. Be it enacted, &c., That from and after the first day of June, A.D. 1869, it shall not be lawful to land, keep, or slaughter any cattle, beeves, calves, sheep, swine, or other animals, or to have, keep, or establish any stock-landing, yards, pens, slaughter-houses, or abattoirs at any point or place within the city of New Orleans, or the parishes of Orleans, Jefferson, and St. Bernard, or at any point or place on the east bank of the Mississippi River within the corporate limits of the city of New Orleans, or at any point on the west bank of the Mississippi River, above the present depot of the New Orleans, Opelousas, and Great Western Railroad Company, except that the 'Crescent City Stock Landing and Slaughter-House Company' may establish themselves at any point or place as hereinafter provided. Any person or persons, or corporation or company carrying on any business or doing any act in contravention of this act, or landing, slaughtering or keeping any animal or animals in violation of this act, shall be liable to a fine of $250, for each and every violation, the same to be recoverable, with costs of suit, before any court of competent jurisdiction.'

The second section of the act created one Sanger and sixteen other persons named, a corporation, with the usual privileges of a corporation, and including power to appoint officers, and fix their compensation and term of office, and to fix the amount of the capital stock of the corporation and the number of shares thereof.

The act then went on:

'SECTION 3. Be it further enacted, &c., That said company or corporation is hereby authorized to establish and erect at its own expense, at any point or place on the east bank of the Mississippi River within the parish of St. Bernard, or in the corporate limits of the city of New Orleans, below the United States Barracks, or at any point or place on the west bank of the Mississippi River below the present depot of the New Orleans, Opelousas, and Great Western Railroad Company, wharves, stables, sheds, yards, and buildings necessary to land, stable, shelter, protect, and preserve all kinds of horses, mules, cattle, and other animals; and from and after the time such buildings, yards, &c., are ready and complete for business, and notice thereof is given in the official journal of the State, the said Crescent City Live-Stock Landing and Slaughter-House Company shall have the sole and exclusive privilege of conducting and carrying on the live-stock landing and slaughter-house business within the limits and privileges granted by the provisions of this act; and cattle and other animals destined for sale or slaughter in the city of New Orleans, or its environs, shall be landed at the live-stock landings and yards of said company, and shall be yarded, sheltered, and protected, if necessary, by said company or corporation; and said company or corporation shall be entitled to have and receive for each steamship landing at the wharves of the said company or corporation, $10; for each steamboat or other water craft, $5; and for each horse, mule, bull, ox, or cow landed at their wharves, for each and every day kept, 10 cents; for each and every hog, calf, sheep, or goat, for each and every day kept, 5 cents, all without including the feed; and said company or corporation shall be entitled to keep and detain each and all of said animals until said charges are fully paid. But if the charges of landing, keeping, and feeding any of the aforesaid animals shall not be paid by the owners thereof after fifteen days of their being landed and placed in the custody of the said company or corporation, then the said company or corporation, in order to reimburse themselves for charges and expenses incurred, shall have power, by resorting to judicial proceedings, to advertise said animals for sale by auction, in any two newspapers published in the city of New Orleans, for five days; and after the expiration of said five days, the said company or corporation may proceed to sell by auction, as advertised, the said animals, and the proceeds of such sales shall be taken by the said company or corporation, and applied to the payment of the charges and expenses aforesaid, and other additional costs; and the balance, if any, remaining from such sales, shall be held to the credit of and paid to the order or receipt of the owner of said animals. Any person or persons, firm or corporation violating any of the provisions of this act, or interfering with the privileges herein granted, or landing, yarding, or keeping any animals in violation of the provisions of this act, or to the injury of said company or corporation, shall be liable to a fine or penalty of $250, to be recovered with costs of suit before any court of competent jurisdiction.

'The company shall, before the first of June, 1869, build and complete A GRAND SLAUGHTER-HOUSE of sufficient capacity to accommodate all butchers, and in which to slaughter 500 animals per day; also a sufficient number of sheds and stables shall be erected before the date aforementioned, to accommodate all the stock received at this port, all of which to be accomplished before the date fixed for the removal of the stock landing, as provided in the first section of this act, under penalty of a forfeiture of their charter.

'SECTION 4. Be it further enacted, &c., That the said company or corporation is hereby authorized to erect, at its own expense, one or more landing-places for live stock, as aforesaid, at any points or places consistent with the provisions of this act, and to have and enjoy from the completion thereof, and after the first day of June, A.D. 1869, the exclusive privilege of having landed at their wharves or landing-places all animals intended for sale or slaughter in the parishes of Orleans and Jefferson; and are hereby also authorized (in connection) to erect at its own expense one or more slaughter-houses, at any points or places consistent with the provisions of this act, and to have and enjoy, from the completion thereof, and after the first day of June, A.D. 1869, the exclusive privilege of having slaughtered therein all animals, the meat of which is destined for sale in the parishes of Orleans and Jefferson.

'SECTION 5. Be it further enacted, &c., That whenever said slaughter-houses and accessory buildings shall be completed and thrown open for the use of the public, said company or corporation shall immediately give public notice for thirty days, in the official journal of the State, and within said thirty days' notice, and within, from and after the first day of June, A.D. 1869, all other stock landings and slaughter-houses within the parishes of Orleans, Jefferson, and St. Bernard shall be closed, and it will no longer be lawful to slaughter cattle, hogs, calves, sheep, or goats, the meat of which is determined for sale within the parishes aforesaid, under a penalty of $100, for each and every offence, recoverable, with costs of suit, before any court of competent jurisdiction; that all animals to be slaughtered, the meat whereof is determined for sale in the parishes of Orleans or Jefferson, must be slaughtered in the slaughter-houses erected by the said company or corporation; and upon a refusal of said company or corporation to allow and animal or animals to be slaughtered after the same has been certified by the inspector, as hereinafter provided, to be fit for human food, the said company or corporation shall be subject to a fine in each case of $250, recoverable, with costs of suit, before any court of competent jurisdiction; said fines and penalties to be paid over to the auditor of public accounts, which sum or sums shall be credited to the educational fund.

'SECTION 6. Be it further enacted, &c., That the governor of the State of Louisiana shall appoint a competent person, clothed with police powers, to act as inspector of all stock that is to be slaughtered, and whose duty it will be to examine closely all animals intended to be slaughtered, to ascertain whether they are sound and fit for human food or not; and if sound and fit for human food, to furnish a certificate stating that fact, to the owners of the animals inspected; and without said certificate no animals can be slaughtered for sale in the slaughter-houses of said company or corporation. The owner of said animals so inspected to pay the inspector 10 cents for each and every animal so inspected, one-half of which fee the said inspector shall retain for his services, and the other half of said fee shall be paid...

To continue reading

Request your trial
1227 cases
  • Larson v. Seattle Popular Monorail Auth.
    • United States
    • Washington Supreme Court
    • March 30, 2006
    ...This is in general a sufficient security against erroneous and oppressive taxation"); Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 115, 21 L.Ed. 394 (1872) (Bradley, J., dissenting) (Referring to the fundamentals of the constitution in the Colonies and its regarding "taxation without repre......
  • Bakke v. Regents of University of California
    • United States
    • California Supreme Court
    • September 16, 1976
    ...to protect the black minority from the discriminatory legal treatment it had previously suffered (see, e.g., Slaughterhouse Cases (1873) 83 U.S. (16 Wall.) 36, 81, 21 L.Ed. 394; Bickel, The Original Understanding and the Segregation Decision (1955) 69 Harv.L.Rev. 1, 60), racial classificati......
  • Hiatt v. City of Berkeley
    • United States
    • California Court of Appeals Court of Appeals
    • September 25, 1978
    ...that the equal protection of laws was framed in universal terms, without reference to color or ethnic origin (Slaughter House Cases (1872) 83 U.S. (16 Wall.) 36, 71, 21 L.Ed. 394); that the guarantees of equal protection "are universal in their application, to all persons within the territo......
  • Hiatt v. City of Berkeley
    • United States
    • California Court of Appeals Court of Appeals
    • January 19, 1979
    ...that the equal protection of laws was framed in universal terms, without reference to color or ethnic origin (Slaughter House Cases (1872) 83 U.S. (16 Wallace) 36, 71, 21 L.Ed. 394); that the guarantees of equal protection "are universal in their application, to all persons within the terri......
  • Request a trial to view additional results
36 books & journal articles
  • THE UNINTENDED CONSEQUENCES OF CHICKEN STEALING: SAME-SEX MARRIAGE AND THE PATH TO POLYGAMY.
    • United States
    • Albany Law Review Vol. 84 No. 2, June 2021
    • June 22, 2021
    ...reading the story of Jacob's Ladder in German. See id. (33) See Meyer, 262 U.S. at 400, 403. (34) Id. at 399 (citing Slaughter-House Cases, 83 U.S. 36 (35) Skinner v. Oklahoma, 316 U.S. 535 (1942). (36) See id. at 541. (37) See id. at 536, 537. (38) Id. at 536. (39) See id. at 47 (asserting......
  • "BECAUSE IT IS WRONG": AN ESSAY ON THE IMMORALITY AND ILLEGALITY OF THE ONLINE SERVICE CONTRACTS OF GOOGLE AND FACEBOOK.
    • United States
    • Journal of Law, Technology and the Internet No. 12, January 2021
    • January 1, 2021
    ...following peonage-related cases: Matter of Clark, 1 Black. 122 (1821); Jaremillo v. Romero, 1 N. M. 190 (N.M. 1857); Slaughter House Cases, 83 U.S. 36 (1872); Peonage Cases, 123 F. 671 (M.D. Ala.) (1903); United States v. McClellan, 127 Fed. Rep. 971 (S.D. Ga.) (1904); In re Peonage Charge,......
  • RACE IN CONTRACT LAW.
    • United States
    • University of Pennsylvania Law Review Vol. 170 No. 5, May 2022
    • May 1, 2022
    ...Cases, 83 U.S. (16 Wall.) 36, 68, 71 (1873) (emphasis added). (180) Id. at 47-48; Brief of Plaintiff at 3-8, 17-31, Slaughter-House Cases, 83 U.S. 36 (1873) (Nos. 475-480), 1872 WL 15118. (181) 240 U.S. 612, 613 (1916). (182) Brief of Law Professors as Amici Curiae Supporting Petitioner at ......
  • JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19.
    • United States
    • Albany Law Review Vol. 84 No. 4, December 2021
    • December 22, 2021
    ...See GOSTIN AND WILEY, supra note 46, at 92. (65) See GOSTIN AND WILEY, supra note 46, at 88. (66) Id. at 89. (67) Slaughter-House Cases, 83 U.S. 36, 62 (68) Richards and Rathbun, supra note 46, at 350. (69) See Joseph L Sax, Takings and the Police Power, 74 YALE L. J. 36 (1964). (70) See PH......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT