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, SLAUGHTER-HOUSE

CourtUnited States Supreme Court
Writing for the CourtMILLER
Citation16 Wall. 36,21 L.Ed. 394,83 U.S. 36
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
Docket NumberATTORNEY-GENERAL,LIVE-STOCK,SLAUGHTER-HOUSE

83 U.S. 36
21 L.Ed. 394
16 Wall. 36
SLAUGHTER-HOUSE CASES.
THE BUTCHERS' BENEVOLENT ASSOCIATION OF NEW ORLEANS
v.
THE CRESCENT CITY LIVE-STOCK LANDING AND
SLAUGHTER-HOUSE 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, THE LIVE-STOCK DEALERS' AND BUTCHERS'
ASSOCIATION OF NEW ORLEANS, AND CHARLES CAVAROC
v.
THE STATE OF LOUISIANA, ex rel. S. BELDEN,
ATTORNEY-GENERAL.
THE BUTCHERS' BENEVOLENT ASSOCIATION OF NEW ORLEANS
v.
THE CRESCENT CITY LIVE-STOCK LANDING AND
SLAUGHTER-HOUSE COMPANY.
December Term, 1872

[Syllabus from pages 36-38 intentionally omitted]

Page 38

ERROR to the Supreme Court of Louisiana.

The three cases—the parties to which as plaintiffs and defendants in error, are given specifically as a sub-title, at the head of this report, but which are reported together also under the general name which, in common parlance, they had acquired—grew out of an act of the legislature of the State of Lousiana, entitled: 'An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter-House Company," which was approved on the 8th of March, 1869, and went into operation on the 1st of June following; and the three cases were argued together.

The act was as follows:

'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

Page 39

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

Page 40

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

Page 41

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...

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1109 practice notes
  • U.S. v. Ruiz, No. 96-CR-227 S.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • April 3, 1997
    ...L.Ed. 676 (1879); United States v. Harris, 106 U.S. 629, 1 S.Ct. 601, 27 L.Ed. 290 (1883); Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1872)(Act enacted to guarantee certain privileges and immunities to eliminate vestiges of involuntary servitude). "The Civil Rights Act of 1......
  • Zobel v. Williams, No. 80-1146
    • United States
    • United States Supreme Court
    • June 14, 1982
    ...of any State of the Union by a bona fide residence therein, with the same rights as other citizens of that State." Slaughter-House Cases, 16 Wall. 36, 80, 21 L.Ed. 394 (1873). See id., at 112-113 (Bradley, J., dissenting) ("A citizen of the United States has a perfect constitutional right t......
  • Retail Prop. Trust v. United Bhd. of Carpenters & Joiners of Am., No. 12–56427.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 23, 2014
    ...and quiet of all persons.’ ” Metro. Life Ins., 471 U.S. at 756, 105 S.Ct. 2380 (quoting Slaughter–House Cases, 83 U.S. (16 Wall.) 36, 62, 21 L.Ed. 394 (1872) (quotation marks and citation omitted)). Within the context of the NLRA, courts have described two special kinds of defensive preempt......
  • Lucas v. Wisconsin Electric Power Company, No. 71-1113.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 2, 1972
    ..."The Original Understanding and the Segregation Decision," 69 Harv.L. Rev. 1 (1955). 4 Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 81, 21 L.Ed. 394 (1873), quoted in Mr. Justice Rehnquist's dissent in Weber v. Aetna Casualty & Surety Co., 406 U.S. 164, 178, 92 C.Ct. 1400, 1408, 31 L.Ed.2d......
  • Request a trial to view additional results
1098 cases
  • U.S. v. Ruiz, No. 96-CR-227 S.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • April 3, 1997
    ...L.Ed. 676 (1879); United States v. Harris, 106 U.S. 629, 1 S.Ct. 601, 27 L.Ed. 290 (1883); Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1872)(Act enacted to guarantee certain privileges and immunities to eliminate vestiges of involuntary servitude). "The Civil Rights Act of 1......
  • Zobel v. Williams, No. 80-1146
    • United States
    • United States Supreme Court
    • June 14, 1982
    ...of any State of the Union by a bona fide residence therein, with the same rights as other citizens of that State." Slaughter-House Cases, 16 Wall. 36, 80, 21 L.Ed. 394 (1873). See id., at 112-113 (Bradley, J., dissenting) ("A citizen of the United States has a perfect constitutional right t......
  • Retail Prop. Trust v. United Bhd. of Carpenters & Joiners of Am., No. 12–56427.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 23, 2014
    ...and quiet of all persons.’ ” Metro. Life Ins., 471 U.S. at 756, 105 S.Ct. 2380 (quoting Slaughter–House Cases, 83 U.S. (16 Wall.) 36, 62, 21 L.Ed. 394 (1872) (quotation marks and citation omitted)). Within the context of the NLRA, courts have described two special kinds of defensive preempt......
  • Lucas v. Wisconsin Electric Power Company, No. 71-1113.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 2, 1972
    ..."The Original Understanding and the Segregation Decision," 69 Harv.L. Rev. 1 (1955). 4 Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 81, 21 L.Ed. 394 (1873), quoted in Mr. Justice Rehnquist's dissent in Weber v. Aetna Casualty & Surety Co., 406 U.S. 164, 178, 92 C.Ct. 1400, 1408, 31 L.Ed.2d......
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11 books & journal articles
  • ON THE CONSTITUTIONALITY OF HARD STATE BORDER CLOSURES IN RESPONSE TO THE COVID-19 PANDEMIC.
    • United States
    • Journal of Law and Health Vol. 35 Nbr. 1, September 2021
    • September 22, 2021
    ...by the new arrival's status as a state citizen, but also by her status as a citizen of the United States"). (65) Slaughter-House Cases, 83 U.S. 36, 78-79 (1873) (arguing for the existence of a national character that gave the federal government the power to regulate the privileges and immun......
  • CENTERING WHITENESS AND ENTRENCHING THE MYTH OF RACE-NEUTRAL ALTERNATIVES TO AFFIRMATIVE ACTION.
    • United States
    • University of Pennsylvania Law Review Vol. 170 Nbr. 1, December 2021
    • December 1, 2021
    ...Amendment with the understanding that it would "forbid the adoption of such remedies by itself or the states"). (47) Slaughterhouse Cases, 83 U.S. 36, 40, 43 (48) Id. at 43-44. (49) Id. at 71. (50) Id. at 72. (51) Yick Wo v. Hopkins, 118 U.S. 356, 357-58 (1886). (52) Id. at 358. (53) Id. at......
  • Mcculloch v. Maryland and the Incoherence of Enumerationism
    • United States
    • The Georgetown Journal of Law & Public Policy Nbr. 19-1, January 2021
    • January 1, 2021
    ...powers.” After the Civil War, the Court 160. Steffel v. Thompson, 415 U.S. 454, 462 n.13 (1974); SCHWARTZ, supra note 4, at 151–54. 161. 83 U.S. 36 (1873). 162. 109 U.S. 3 (1883). 163. 75 U.S. 603 (1870). 164. 79 U.S. 457, 570–71 (1871) (Chase, C.J., dissenting). 165. SCHWARTZ, supra note 4......
  • The South Counterattacks: the Anti-Naacp Laws
    • United States
    • Political Research Quarterly Nbr. 12-2, June 1959
    • June 1, 1959
    ...subject to valid congressional regulations, is one ofthose rare privileges and immunities of national citizenship. Slaughter-House Cases, 16 Wall. 36, 79 (1873); Terral v. Burke Construction Co., 257 U.S. 529 against any group, to enjoin temporarily further NAACP operations. Afteran involve......
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