Spitler v. Town of Munster, 26924.

• Decision Date: 28 April 1938
• Docket Number: No. 26924.,26924.
• Citation: 214 Ind. 75,14 N.E.2d 579
• Parties: SPITLER v. TOWN OF MUNSTER et al.
• Court: Indiana Supreme Court

214 Ind. 75

14 N.E.2d 579

SPITLER

v.TOWN OF MUNSTER et al.

No. 26924.

Supreme Court of Indiana.

April 28, 1938.

Suit to enjoin the enforcement of an ordinance defining and regulating tourist camps by Carl A. Spitler, etc., against the Town of Munster and others. From a judgment for the defendants, plaintiff appeals.

Affirmed.Appeal from Superior Court, Lake County; T. Joseph Sullivan, judge.

Danied D. Lynch, of Hammond, for appellant.

M. Elliott Belshaw, of Hammond, Lawrence M. Fine, of Chicago, Ill., amicus curiae for appellees.

FANSLER, Judge.

Appellant brought this action to enjoin the enforcement of an ordinance of the Town of Munster, defining and regulating tourist camps.

It is alleged in the complaint that the ordinance is invalid for the following reasons: (a) The provision that no person shall remain a resident of a tourist camp for a period of more than thirty days is unreasonable; (b) the ordinance attempts to define a tourist camp contrary to the definition of the legislative act of 1935, chapter 214; (c) the ordinance provides for a fine of not less than $10 nor more than $100 for each day's violation, while the act of the General Assembly provides for a fine not exceeding $25 or imprisonment in the county jail not to exceed thirty days; (d) it imposes greater restrictions on the size of sleeping rooms than are provided by the State Board of Health under the statute; (e) it is repugnant to laws of the state, particularly section 9-2402, Burns' Ann.St.1933, section 2087, Baldwin's Ind.St.1934, which provides that, where an act is made a public offense against the state, the same act shall not be made punishable by the ordinance of any incorporated city or town; and section 48-301, Burns' Ann.St.1933, section 11358, Baldwin's Ind.St.1934, which enumerates the powers of boards of trustees of incorporated towns. There were answers in general denial. There was a trial, and judgment for the defendants.

Error is assigned upon the overruling of appellant's motion for a new trial. It is asserted that the decision is not supported by sufficient evidence and is contrary to law.

The Town of Munster is in Lake County, adjoining the City of Hammond and the Illinois state line. The town is almost entirely residential in character, and the territory between the town and the City of Chicago is thickly populated. Two national highways run through the town into the City of Chicago.

Chapter 214 of the Acts of 1935, Acts 1935, p. 1020, provides for the licensing and regulation of tourist camps. It provides that the State Board of Health shall have ‘general supervision’ of the health and sanitary condition of all tourist camps, and the power to make and promulgate rules and regulations. It does not expressly reserve to the state the exclusive control over the regulation of tourist camps, but its terms are such as to indicate an intention to provide general rules and...