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July 29, 1893

MUNICIPAL AUTHORITY OVER ADULTERATIONS.

JAMA. 1893;XXI(5):173-174. doi:10.1001/jama.1893.02420570033009

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Abstract

One of the chief functions of a municipal government, whether wisely exercised or not, is to protect the health of its subjects. With its constitutional authority physicians ought therefore to be somewhat familiar. In the case of the State v. Fourcade, recently decided, the Supreme Court of Louisiana says, in discussing the constitutionality and legality of an ordinance of the City of New Orleans concerning the adulteration of milk, that a legislature may delegate to municipal corporations power to adopt and enforce ordinances of special local importance, though general statutes exist, relating to the same subjects. An ordinance must be authorized, and must not be repugnant to a statute over the same territorial area, but if there be no other conflict between the provisions of the statute and ordinance, save that they deal with the same subject, both may be given effect. The resulting or correlative doctrine is now too

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