NUISANCES ; DISEASED AND DEAD ANIMALS. 3o;i 



property without due process of law.^-'^ And such a person 

 may have an injunction restraining a pound-keeper from de- 

 hvering such carcasses or causing them to be delivered to any 

 other person.^-* 



But an ordinance is void which undertakes to confer upon 

 one person the right to remove and convert to his own use 

 the carcasses of all dead animals, not slain for food, found 

 within the city limits, to the exclusion of the right of the 

 owners to remove and use them before they become a nui- 

 sance. ^^° It was said in a Louisiana case : "If the property 

 is not a nuisance, the owner should not be prevented from 

 obtaining its value and should not be denied the right to make 

 any disposition of it (however innocent and useful). It is 

 not possible under police regulation to take property from 

 one man and give it to another. The city might, as a sani- 

 tary measure, after having given the owner the opportunity 

 to dispose of his dead animals, authorize a contractor to cart 

 them away and appropriate them to his own use. In warm 

 climates the police of cities requires regulations that should 

 be enforced with great vigilance to prevent nuisances injuri- 

 ous to health. The necessity of such ordinances would not 

 justify the council in declaring that all dead animals found in 

 the city not killed for human food are nuisances immediately 

 after death." ^^® And an ordinance allowing such fees to the 

 public contractor as amount practically to a confiscation of 

 the property, is unconstitutional.^^^ 



Evidence that the animals died of suffocation and that ani- 



''' National Fertilizer Co. v. Lambert, 48 Fed. Rep. 458. And see, to the 

 same effect, State v. Fisher, 52 Mo. 174; Louisville v. Wible, 84 Ky. 290. 



See, also, as to municipal power over dead animals as nuisances, 38 

 L. R. A. 330 n. 



^^*Alpers V. San Francisco, 32 Fed. Rep. 503. 



'" River Rendering Co. v. Behr, 77 Mo. 91 ; Schoen v. Atlanta, 97 Ga. 

 697; Meyer v. Jones (Ky.), 49 S. W. Rep. 809. 



See Alpers v. Brown, 60 Cal. 447. 



"" State V. Morris, 47 La. Ann. 1660. 



"" Knauer v. Louisville (Ky.), 45 S. W. Rep. 510. 

 23 



