City of St. Paul v. Byrnes

• Decision Date: 08 February 1888
• Citation: 36 N.W. 449,38 Minn. 176
• Parties: City of St. Paul v. James A. Byrnes. City of St. Paul v. Frederick W. Luley and another. City of St. Paul v. John Patridge
• Court: Minnesota Supreme Court

36 N.W. 449

38 Minn. 176

City of St. Paul v. James A. Byrnes. City of St. Paul v. Frederick W. Luley and another. City of St. Paul v. John Patridge

Supreme Court of Minnesota

February 8, 1888

In each of the above cases the defendants were arrested and brought before the municipal court of St. Paul, upon complaints charging them with violations of ordinance No. 64 of that city, (Mun. Code, St. Paul, 403,) relating to slaughter and packing-houses. The defendants were tried convicted and sentenced, and appeal from the judgments.

Judgment reversed in each case, and complaints dismissed.

Geo. C Ripley and A. B. Jackson, for appellant Byrnes.

Warner & Lawrence, for appellants Luley and another.

I. V D. Heard, for appellant Patridge.

W. P. Murray, for respondent.

OPINION

Vanderburgh, J.

These cases may be considered and determined together. They involve the construction of chapter 370, Sp. Laws 1887, approved February 26, 1887, and the effect thereof as respects the operation of ordinance No. 64 of the city of St. Paul in reference to "slaughter and packing-houses." The first section of this ordinance provides that no person shall kill, slaughter, dress, or pack any cattle, calves, sheep, or swine, or establish a manufactory for candles or soap, within the limits of the city, without a permit of the city council. The second section relates to the procedure for obtaining a permit, the third and fourth include regulations for the management of the business, and section 5 provides a penalty for the violation of the ordinance. The following is the statute referred to:

"Be it enacted by the legislature of the state of Minnesota:

"Section 1. That after the first day of April, 1887, no slaughtering or rendering establishments shall be suffered or permitted within the Seventh ward of the city of St. Paul north of St. Clair street in said ward, as said ward was constituted and organized February 1, 1887; nor shall any slaughtering or rendering by butchers or others be suffered or permitted within said ward north of St. Clair street. And any person who shall establish or maintain a rendering or slaughtering establishment, and any butcher or other person who shall render or carry on the business of slaughtering, in said ward, north of St. Clair street, is guilty of a misdemeanor, and shall be subject to the same punishment as is now prescribed by the Criminal Code of the state for misdemeanors.

"Sec. 2. This act shall not affect any existing establishment or any person now engaged in the business described in this act, within the territory defined in section one (1) of this act, until the city of St. Paul shall have paid, or caused to be paid, to the persons owning such establishments and carrying on such business the damages suffered by such person by the operation of this act; such damage to be ascertained and paid in the manner now prescribed by law for the ascertainment and payment of damages in the case of the condemnation of land for highway purposes, and the payment of damages therefor, in the city of St. Paul, nor until 60 days after the payment of such damages.

"Sec. 3. The city of St. Paul is hereby authorized and empowered to pay the damages provided for in this act.

"Sec. 4. This act shall take effect and be in force from and after its passage.

"Approved February 26, A. D. 1887."

These prosecutions were instituted for the violation of the ordinance by the defendants since the passage of the special act; and it appears that the alleged offences against...