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Commonwealth vs. Elijah L. Hubley

Massachusetts Supreme Judicial Court1898-10-19
172 Mass. 58

Summary

Holding. The ordinance is valid and constitutional. The judgment of conviction is affirmed.

The defendant was convicted of violating a Worcester city ordinance that prohibits collecting, storing, and dealing in old rags, papers, and similar refuse materials within a two-mile radius of downtown unless the person obtains a license from the board of aldermen. The defendant challenged the ordinance's validity. The court upheld the ordinance, finding that cities derive broad authority from state law to enact regulations protecting public health and welfare. The court noted that old rags can pose genuine public health risks, including the potential to harbor and spread disease, and that similar licensing schemes for dealers in salvaged materials are already recognized in state law.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Authority of municipalities to regulate collection and storage of refuse materials
  • Public health justification for licensing requirements
  • Conflict between individual business rights and public safety interests
  • Validity of geographic restrictions on regulated activities

Procedural posture

The defendant was convicted in the District Court of violating a Worcester ordinance and appealed the conviction by filing exceptions to challenge the ordinance's validity.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Knowlton, J.

The defendant was convicted of a violation of an ordinance of the city of Worcester, which is as follows: “An Ordinance to regulate the collecting and storage of old rags, old papers, or other refuse material. Section 1. No person shall carry on the business of collecting, storing, and dealing in old rags, old papers, or other such refuse material, in any build ing within a circle the radius of which is two miles from the intersection of the south line of Front Street and the east line of Main Street, unless he is duly licensed therefor by the board of aldermen, for which license, if granted, no fee shall be charged.” The only question in the case is whether the ordinance is valid. By its charter the city of Worcester has all the rights to pass ordinances that are given to cities and towns by general laws. St. 1893, c. 444, § 19. Under the Pub. Sts. c. 27, § 15, towns may make “ such necessary orders and by-laws, not repugnant to law, as they may judge most conducive to their welfare,’’ for the following purposes among others, namely, “for directing and managing the prudential affairs, preserving the peace and good order, and maintaining the internal police thereof.” By-laws and ordinances looking to the preservation of the public health are plainly within the authority conferred by this section. See Commonwealth v. Parks, 155 Mass. 531. The authority given by the Pub. Sts. c. 80, §§ 18, 84, to boards of health of towns to make regulations and pass orders in reference to certain matters affecting the health of the community, cannot properly be construed to prevent the passage of reasonable by-laws by towns, under the authority of Pub. Sts. c. 27, § 15. Commonwealth v. Parks, 155 Mass. 531, 533. Special authority is given by the Pub. Sts. c. 80, § 18, to a board of health “ respecting articles which are capable of containing or conveying infection or contagion, or of creating sickness brought into or conveyed from its town.” It is manifest that old rags may be very dangerous in this respect. The case of Train v. Boston Disinfecting Co. 144 Mass. 523, fully recognizes the reasonableness of provisions regulating the business of dealing in rags.

Besides the authority found in the statute already quoted, we have in the Pub. Sts. c. 102, § 28, a provision for licensing “ dealers in and keepers of shops for the purchase, sale, or barter of junk, old metals, or second band articles.” There is certainly strong ground for the argument of the District Attorney that dealing in rags is within the express language of this statute.

We are of opinion that it was not unreasonable for the city of Worcester to forbid the business of collecting, storing, and dealing in rags within the thickly settled portions of the city except when conducted by licensed persons. The safety of the com munity might be found to réquire that only persons who could be trusted to observe proper precautions should be permitted to carry on this business. When the interests of individuals con- . fliet with the rights of the public, the individual interest must yield to the paramount right. Watertown v. Mayo, 109 Mass. 315. Train v. Boston Disinfecting Co. 144 Mass. 523. Newton v. Joyce, 166 Mass. 83. Exceptions overruled.