Page:Federal Reporter, 1st Series, Volume 9.djvu/759

7i4 FEDERAL EBPORTEE. �We concede the validity of article 248* of the Louisiana constitu- tion, as delegating the regulation of slaughter-houses to the varions municipal authoritiea. We doubt the validity of article 258t of the same constitution, so far as any retroactive effect is claimed for it, and we deny that said article is or pretends to be an exercise of the police power. And we deny the efficiency of any of the ordinances of the city of New Orleans — as shown in this case — to in anywise deprive complainant of the rights given by bis contract and charter, or to convey any of said rights or privileges to defendant. i �*S6ction 248 of the constitution of Louisiana, of 1879, provides as follows : " The police juriea of the several parishes, and the constituted authorities of all incorporated municipalities of the state, shall alone have the power of regulating the slaughteiing of cattle, and other live stock, within their re- spective limits: provided, no monopoly or exclusive privilege shall exist in this state, nor such business be restricted to the land or houses of any individual or corporation : provided, the ordinances designating the places for slaughter- ing shall obtain the concurrent approval of the board of health,or other sani- tary organization." �f Section 258 of the constitution of Louisiana, of 1879, provides as follows: "Ail rights, actions, prosecutions, claims, and contracts, as well of individ- uals as of bodies corporate, and all laws in force at the time of the adoption of this constitution, and not inconsistent therewith, shall continue as if the said constitution had not been adopted. But the monopoly features in the charter of any corporation now existing in the state, save such as may be contained in the charter of railroad companies, are hereby abolished." �JThe charter of plaintifE provided, inte?- alla, (acts of Louisiana of 1869, pp. 169 et seq, .•) �" Sec. 3. Be it further enacted, etc., that the 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. Ber- nard ; 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 Xew Orleans, Opelousas & Great West- ern Railroad Company, — wharves, stables, sheds, yards, and buildings neces- sary to land, stable, shelter, protect, and preserve all kinds of horses, mules, eattle, and other animais, from and after the time such buildings, yards, etc., are ready and complete for business, and notice thereof is given in the officiai Journal of the state ; and the said Cresent City Live-Stock Landing & Slaugh- ter-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 animais 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, etc. �" Sec. 10. Be it further enacted, etc., that at the expiration of 25 years from and after the passage of this act, (March 8, 1869,) the privileges herein granted shall expire." ��� �