“ A house without a closet, situated as stated above, is, by the passage of the ordinance, condemned as a menace to the public health, and the owner of the premises who does not comply with the ordinance is subject to a fine of not exceeding $200, or to labor on the streets or public works, or to be confined in the guardhouse of the city for not exceeding ninety days. ”

“ But passing that ground, we think the court's ruling was right on the other ground; that is, the ordinance does not violate the 14th Amendment of the Constitution of the United States. According to the bill, the city is given the power, through its mayor and council, 'to enact such rules and regulations for the transaction of its business and for the welfare and proper government thereof,' as the mayor and council may deem best; and the bill shows that the courts of the state decided that the ordinance was within this delegation of power. ”

“ On the 1st of September, 1909, the city passed an ordinance requiring persons and property owners residing upon any street along which sewer mains have been laid, within thirty days after the passage of the ordinance, to install water closets in their houses, and connect the same with the main sewer pipe, and to provide the closets with water, so that they may be ready for use in the ordinary and usual way, and such persons shall not be permitted to use or keep on their premises a surface closet. ”