This is a writ of error bringing into review a judgment of the supreme court of the state of Louisiana, reported in 37 La. Ann. 874. The federal question arising upon the record presented for our consideration is whether the supreme court of Louisiana, in its determination of the case, gave due effect to a certain decree of the circuit court of the United States for the Eastern district of Louisiana, in a previous litigation between the same parties. That question is presented upon the following case:
The plaintiff in error is a corporation created by the laws of Louisiana, which, by an act of the legislature of that state, passed March 8, 1869, was invested with the sole and exclusive privilege of conducting and carrying on the live-stock landing and slaughter-house business within the city of New Orleans, and the parishes of Orleans, Jefferson, and St. Bernard. The validity of this monopoly was sustained by the decision of this court in the Slaughter-house Cases, 16 Wall. 36, on the ground that this grant of exclusive right or privilege was a police regulation for the health and comfort of the people within the power of the state legislature, and not in violation of any provision of the constitution of the United States. The company continued thenceforward to use and enjoy its exclusive privileges until the adoption by the people of Louisiana of a new state constitution, in the year 1879. That constitution contained the following articles:
'Art. 248. The police juries of the several parishes, and the constituted authorities of all incorporated municipalities of the state, shall alone have the power of regulating the slaughtering of cattle and other live-stock within their respective limits: provided, no monopoly or exclusive privilege shall exist in this state, nor such business be restricted to the land or houses of any individual or corporation: provided, the ordinances designating places for slaughtering shall obtain the concurrent approval of the board of health or other sanitary organization.
'Art. 258. The mo opoly features in the charter of any corporation now existing in the state, save such as may be contained in the charters of railroad companies, are hereby abolished.'
The city of New Orleans, by ordinances adopted in 1881, proceeded to declare, under article 248 of the constitution, within what limits in the parish of Orleans animals, intended for food, might be slaughtered, in which in the board of health of the state of Louisiana concurred. In March, 1880, the Butchers' Union Slaughter-house & Live-stock Landing Company, the defendant in error, became incorporated under the general law of Louisiana; and was authorized by its charter 'to erect, at any point or place in the parish of Orleans, wharves, stables, sheds, yards, and buildings necessary to land, stable, shelter, protect, and preserve all kinds of horses, mules, cattle, and other animals, for the purpose of carrying on the live-stock landing and slaughter-house business, and for the purpose of sheltering and protecting all such cattle or other animals which may be sent to said company destined for slaughter; and the said company shall, as soon as practicable, build and complete a slaughter-house; also a sufficient number of sheds and stables and other buildings as may be deemed necessary for the carrying on said slaughtering business.'
This company having begun to acquire the necessary plant for conducting the live-stock and slaughtering business, in pursuance of its charter, the plaintiff in error, on the twenty-third of November, 1881, filed its bill in the circuit court of the United States for the Eastern district of Louisiana against the defendant in error, setting up its exclusive right and privilege, as claimed by it under its original charter and grant, alleging that the defendant was about to violate the same, and praying for an injunction to restrain that company from carrying out its purpose. On the twenty-ninth of December, 1881, after notice and hearing, the judges of that court granted the injunction as prayed for, pendente lite. On final hearing, on the eighth of May, 1882, this injunction was made perpetual. On May 5, 1884, this decree of the circuit court was reversed by this court by a decision reported in 111 U.S. 746, S.C.. 4 Sup. Ct. Rep. 652, on the ground that the exclusive right originally granted to the plaintiff in error was valid only as an exercise of the police power of the state, and was of that character, having reference to the public health, that it could not be made the subject of contract, protected against subsequent legislation by the constitution of the United States.