Page:City of Little Rock v. Reinman-Wolfort Automobile Livery Co.pdf/2

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 * 1) LIVERY STABLES—SUBJECT TO REGULATION BY CITY.—While a livery stable is not a public nuisance per se, and conducting same is recognized as a legitimate and necessary business, a city ordinance prohibiting the operation of livery stables within a certain defined area is proper and does not deprive the owners of their property without due process of law. (Page 181.)
 * 2) MUNICIPAL CORPORATIONS—RIGHT TO REGULATE LIVERY STABLES.—A city ordinance prohibiting the carrying on of a livery stable business within a certain limited area, is not unreasonable or an improper restraint upon a lawful trade or business, nor an improper restraint upon the lawful and beneficial use of private property, nor an arbitrary or unjust classification of business for the purpose of regulation, nor is it unjustly discriminative. (Page 182.)
 * 3) MUNICIPAL CORPORATIONS—REGULATION OF LIVERY STABLES.—A city ordinance excluding livery stables from certain defined territory, does not amount to a prohibition of the business, nor is it necessary to show that the business, as conducted, amounts to a nuisance before it becomes subject to the provisions of the ordinance regulating it. (Page 182.)
 * 4) CITY ORDINANCE—EXCESSIVE PENALTY.—Although a city ordinance may impose a penalty for the continuance of the offense in excess of the amount prescribed by section 5466 of Kirby's Digest, it is not invalid for that reason since it is also provided by section 5467 of Kirby's Digest, that, in a prosecution under such an ordinance, judgment will be rendered for such amount only as the act authorizes. (Page 184.)

Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor; reversed and dismissed.

Argument for appellant
Harry C. Hale and J. W. & J. W. House, Jr., for appellant.

1. The State has the right, under its police power, to prohibit the carrying on of a livery stable business within certain designated limits, and having such power it can delegate it to cities. 22 S.W. 470; 16 Mo. App. 131; 16 Wall. 62; 5 Am. St. Rep. 331; 37 Am. Rep. 564; 41 Am. St. Rep. 630; 53 Id. 325; 91 Am. Dec. 472; 83 Id. 740; 90 Id. 278; 34 Id. 637; 33 Pa. St. 202; 18 O. St. 563; 54 Wis. 376; 90 Am. Dec. 279; 90 S.W. 874; 83 Am. Dec. 203; 26 Am. St. Rep. 664.

2. The power to pass this ordinance was delegated by the State. By section 5454, Kirby's Digest, the power