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HUTCHINSON V. VALDOSTA, 227 U. S. 303 (1913)

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U.S. Supreme Court

Hutchinson v. Valdosta, 227 U.S. 303 (1913)

Hutchinson v. City of Valdosta

No. 146

Submitted January 24, 1913

Decided February 24, 1913

227 U.S. 303


Where the charter gives the municipality power to enact through the mayor and council such rules and regulations for its welfare and government as they may deem best, and the highest court of the state has decided that an ordinance providing for a system of sewerage is within this delegation of power, this Court will not declare such ordinance a violation of the due process or equal protection provisions of the Fourteenth Amendment where the record does not show that the city was induced by anything other than the public good, or that such was not its effect.

One of the commonest exercises of the police power of the state or municipality is to provide for a system of sewers and to compel property owners to connect therewith, and this duty may be enforced by criminal penalties without violating the due process or equal protection clauses of the Fourteenth Amendment.

The federal court will not interfere with the exercise of a salutary power and one necessary to the public health unless it is so palpably arbitrary as to justify the interference.

The facts, which involve the constitutionality under the due process and equal protection clauses of the Fourteenth Amendment of a police ordinance of the City of Valdosta, Georgia, are stated in the opinion.

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