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No law or ordinance can be valid which by its terms authorizes a board of health to grant one person a license, and refuse another, under the same circumstances. For example: an ordinance is void which is intended to confer upon a board of health, or upon the board of health and common council of a city, the undefined power of determining by whom, in what location, and as to the character of the building in which the business of tallow chandleries, soap factories, glue factories, slaughter houses, magazines, tanneries, or other hazardous trades or business may be conducted. If it be conceded that power exists to declare a tannery, or any other business, a nuisance, and to provide for its summary abatement, or if it be conceded that such business is a nuisance perse, the power to permit such business by express license ought not to and can not
AUTHORITY WHICH CAN NOT BE CONFERRED UPON BOARDS OF HEALTH.. JAMA. 1893;XXI(25):937-938. doi:10.1001/jama.1893.02420770027005