Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (1910)
Laurel Hill Cemetery v. City and County of San Francisco No. 100 Argued January 21, 24, 1910 Decided February 21, 1910 216 U.S. 358
ERROR TO THE SUPREME COURT
OF THE STATE OF CALIFORNIA
Syllabus
Great caution must be exercised by any tribunal in overruling, or allowing to be overruled, the decision of the local authorities on question involving the health of the neighborhood, and this Court is doubly reluctant to interfere with deliberate decision of the highest court of a state confirming a specific determination on such a question previously reached by the body making the law.
Where opinion is divided as to whether a practice prohibited by a police ordinance is dangerous, and if the ordinance be valid if the danger be real, this Court will not overthrow the ordinance as an unconstitutional deprivation of property without due process of law or a denial of equal protection of the law merely because of adherence to the other belief. Jacobson v. Massachusetts, 197 U.S. 11.
One not belonging to a class cannot raise the question of constitutionality of a statute as it affect that class.
Tradition and habits of the community count for more than logic in determining constitutionality of laws enacted for the public welfare under the police power.
An ordinance prohibiting burial of the dead within the limit of a populous city based on a determination of the city authorities that the practice is dangerous to life and detrimental to public health, and which has been sustained by the highest court of the state, will not be overthrown by this Court as an unconstitutional exertion of the police power of the state, and so held a to such an ordinance of San Francisco, California.
152 Cal. 464 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (1910) in 216 U.S. 358 216 U.S. 363. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=L1ZBWVXJLMKQ6U4.
MLA: U.S. Supreme Court. "Syllabus." Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (1910), in 216 U.S. 358, page 216 U.S. 363. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=L1ZBWVXJLMKQ6U4.
Harvard: U.S. Supreme Court, 'Syllabus' in Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (1910). cited in 1910, 216 U.S. 358, pp.216 U.S. 363. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=L1ZBWVXJLMKQ6U4.
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