Page:Federal Reporter, 1st Series, Volume 9.djvu/762

BBEWIS V. CITY OP DULUTH AND VILLAGE OF DULUTH. 747 �location or its methods, was injurious to the public health, they could regulate, or, if in their judgment the public health required, abolish it; that the grant is voidable and not void; that it is valid until the power, be it the legislature or the municipal officers in which is vested the funetion to deal with sanitary matters, finds it to be injurious. The conclusion is that where, as here, the proper authorities find the place and manner of conducting the complainant's business to be harmless, thereexists no power, either in the legislature or the people of the state, to abate it. So, according to the cases ■which have gone the furthest, so long as the place and manner of the complainant's slaughtering of animais are sanctioned by that organ of the govern- ment of the state in which is vested the police power -with reference to that subjeot-matter, the action of the legislature in making the grant stands for that of the people of the state, and the exclusiveness of the right granted is protected by article 1, § 10, of the constitution of the United States. The Bridge Proprietors v. The Hoboken Co. 1 Wall. 116. ���Bebwis V. City of Ddltjth and Village of Duluth. �{Uircuit Court, D. Minnesota. December 13, 1881.) �1. EQtJiTABLE Relief— -Two Municipal Couporations Formbd out op One — Cbeditok'8 Bill. �The rights of creditera of the city of Duluth considered, with reference to the aot of the legislature of the state of Minnesota, by which the village of Duluth was created out of a part of the territory of the city of Duluth, and the indebt- edness of the city apportioned between them, and the allegations of fact in plaintili's bill, and held,that such act — such allegations being true — interferes with the rights of creditors, and that a bill in equity will lie, by a crediter of the city at the time the act was passed, against the village, to enforce the pay- ment of its proportionate share of the indebtedness ; the share of the indelited- ness for which each is liable being in the ratio of the taxable property of one to that of the other. �In Equity. Demurrer to bill of complaint. �This suit is brought against the city of Duluth and the village of Duluth to recover the coupons overdue upon bonds of the city of Duluth, in this district. A demurrer is interposed by the village of Duluth. �Oilman dt Clough, for demurrer. �Williams e Davidson, contra. �Nelson, D. J. The complainant is the owner of certain bonds issued under an act of the legislature of Minnesota, approved March ��� �