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breaking, destruction of public trees, steam whistle blowing, and the running at large of animals.

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82. Occupations and amusements.-The city possesses no power to prohibit a useful business or a harmless amusement; but all manner of occupations and amusements are subject to reasonable regulation by the state or the municipality exercising the delegated police power. A city may prohibit the keeping of a house of ill fame, or the leasing of property for that purpose; and so, also, for gambling or liquor selling, if authorized by charter; or, if these practices are not forbidden, the city may adopt and enforce stringent regulations for them. It may prohibit the sale of liquors and wines at places of musical or dramatic entertainment where females act as waiters, and may fix hours for closing and opening saloons, and forbid admission of minors or females; and in general the municipality may enact such ordinances as will tend to prevent such places from degenerating into nuisances or breeding disorder and crime.44

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Ordinances requiring licenses from peddlers, plumbers, auctioneers, bakers, draymen,45 hackmen, green grocers, pawnbrokers, milk dealers,47 billiard saloons, livery stables, showmen, hucksters, lawyers and doctors, bankers, junk shops, telegraph

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43 Childress v. Nashville, 3 Sneed 347 (Tenn.).

44 Mankato v. Fowler, 32 Minn. 364, 20 N. W. 361.

45 Brooklyn v. Breslin, 57 N. Y. 591.

46 St. Louis v. Weitzel, 130 Mo. 600, 31 S. W. 1045. See Mason v. Cumberland, 92 Md. 451, 48 Atl. 136.

47 Norfolk v. Flynn, 101 Va. 473, 62 L. R. A. 771, 44 S. E. 717.

48 Young v. Thomas, 17 Fla. 169, 35 Am. Rep. 93; Savannah v. Charl

ton, 36 Ga. 460; Elliott v. Louisville, 101 Ky. 262, 40 S. W. 690.

companies, natural gas companies, pharmacists, have been held valid under the police power.

express

and

The municipal corporation possesses no inherent power over the liquor traffic, but only the implied powers conferred by the charter. Wherever the power of regulation is conferred, the municipality may require a license, may forbid the employment of women in the traffic, may confine sales within reasonable hours and within prescribed territorial limits, and may regulate the traffic by other wholesome restrictions. 50

83. Markets. The establishment and regulation of municipal markets are a proper exercise of the police power for the convenience, health, and general welfare of the municipality. A municipal market is a designated place in a town or city with convenient fixtures for the sale of provisions and articles of daily consumption, with proper regulations and officers, where all persons may lawfully go for the purpose of buying or selling.

In America the establishment and regulation of markets is generally granted by charter; and after much contention it has been generally decided that the city may prohibit the sale of fresh meat, vegetables, and other provisions elsewhere than in the public market, upon the ground, as stated in a leading Louisiana case, that "the privilege of keeping a private market is subordinate to the right existing

49 Allentown v. Western Union Tel. Co., 148 Pa. 117, 33 Am. St. Rep. 820; Hodges v. Western Union Tel. Co., 72 Miss. 910, 29 L. R. A. 770.

50 Giozza v. Tiernan, 148 U. S. 657; Decie v. Brown, 167 Mass. 290; Provo City v. Shurtliff, 4 Utah 15, 5 Pac. 302; Metcalf v. State, 76 Ga. 308; Ex Parte Hayes, 98 Cal. 555, 33 Pac. 337, 20 L. R. A. 701.

in the sovereign to exercise the police power to regulate the peace and good order of the city, and to provide for and maintain its cleanliness and salubrity."'51

84. Enforcing regulations.-Violations of police regulations are usually punished by a court proceeding in personam for the recovery or enforcement of the affixed penalty, but in many cases the police power is enforced in rem in a summary manner. For example, a city council has power to confer upon the board of health authority to demolish a house infected with smallpox as a nuisance dangerous to the public health.52 So, also, a city may order a wooden house to be torn down which is built within the fire limits in defiance of the ordinance forbidding it; and, as we have seen, the municipal corporation, without either statute or ordinance, may cause a private building to be demolished to stop conflagration.

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A ferocious dog, or any other kind of animal damage feasant in a municipality, may be killed, if necessary; also a vagrant dog, unmuzzled, and addicted to biting, though doing no harm at the time, may be summarily killed as a measure of precaution.54 In some states, too, the police are authorized to kill all unlicensed dogs wheresoever found. Similar to this is the summary arrest and confinement by the police in the lockup of persons of the drunk and disorderly class, and the use of force, even to mayhem

51 City of New Orleans v. Stafford, 27 La. Ann. 417, 21 Am. Rep. 563. 52 Baumgartner v. Hasty, 100 Ind. 575, 50 Am. Rep. 830.

53 Pye v. Peterson, 45 Tex. 312, 23 Am. Rep. 608.

54 Woolf v. Chalker, 31 Conn. 121, 81 Am. Dec. 175.

or death, if necessary, to disperse a mob or quell a riot.55

85. Streets."Street" is a generic term usually employed to describe any public highway, whether improved or unimproved, lawfully established and opened in a municipality to the public use for travel and traffic. In its legal acceptation, this word embraces not only streets, but also avenues and alleys. The term is used to describe any public road inside municipal boundaries, but does not properly embrace rural or suburban roads. Whenever duly established and opened, such a road becomes a street, whether it is worked upon and improved, or left in its natural state. It is dedicated to the public and accepted and held by the public for the use of trade and travel, and may not be perverted to other uses.56

86. Legislative control.-The supreme power over streets as public highways for the public use is inherent in the state. The state holds all public powers and utilities in trust for the public welfare, including those within as well as those beyond municipal boundaries. Within constitutional limitations, it may determine when, where, and how streets, or other public highways, shall be opened, graded, improved, and regulated; and, also, when and how vacated or closed.57

The legislative control over streets may be, and

55 Dargan v. Mobile, 31 Ala. 469, 70 Am. Dec. 505; Stewart v. New Orleans, 9 La. Ann. 461, 61 Am. Dec. 218.

56 Dexter v. Tree, 117 Ill. 532; Townsend v. Epstein, 93 Md. 537, 52 L. R. A. 409, 86 Am. St. Rep. 441; State v. Berdetta, 73 Ind. 185, 38 Am. Rep. 117.

57 Peters v. St. Louis, 226 Mo. 62, LEADING ILLUSTRATIVE CASES.

generally is, delegated to the municipality, and the power is thus conferred upon it to open, grade, improve, regulate, and close its own streets.

The grant, usually expressed in general terms, is to the city to lay out, open, grade, and otherwise improve streets and keep them in repair; or to have power over its streets; or to have the care, supervision, and control of its streets. These general grants of authority by the state over the city's own streets, to its duly authorized general agent, to do whatever the state might do in controlling them, are held to confer plenary powers upon the municipality.

87. Dedication and acceptance. Dedication of property for street uses may be made by any legal or equitable owner, either in writing or orally, or by conduct or acquiescence in public use, such as will suffice to estop claim to the contrary.

A dedication consists of both act and intention, and may be either express or implied: express when the owner, either in writing or by parol, declares his intention to donate and surrender the property to the use of the public; implied, as when this intention is signified by a public platting of property and lots with open spaces apparently for street uses, or when the public for a long time uses the property for a street with the knowledge of the owner, and without his objection.5

88. Use of streets.-The primary use for which streets are dedicated is free and unobstructed passage over them; but this use may be modified or tem

58 Cohoes v. Delaware, etc., Canal Co., 134 N. Y. 397, LEADING ILLUSTRATIVE CASES.

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