Police Powers of Government
Questions arise concerning the term *police powers of government*, perhaps a few citations will shed some light.
"Police power may not be invoked under guise of general
welfare to interfere with sale by individual of his own property
when acquiring and possession of such property is not contrary to
law."
People v. Pace (1925), 73 C.A. 548, 559, 238 P.
1089.
"State has, under its police powers, right to relieve itself
of any obnoxious class of population; and this has never been
denied."
In Re Perkins (1852), 2 C. 424.
"Domestic commerce is subject to the police power of the
states."
In Re Abel, 77 P. 621, 10 Idaho 288.
"To justify the state in thus interposing its authority on
behalf of the public, it must appear:
1. That the interests of the public generally, as distinguished from those of a particular class, require such interference.
2. That the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
"The legislature may not, under the guise of protecting the
public interests, arbitrarily interfere with private business, or
impose unusual and unnecessary restrictions upon lawful
occupations. Its determination as to what is a proper exercise of
its police powers is not final or conclusive, but is subject to
supervision of the courts."
Lawton v. Steele, 152 U. S. 133.
"Moreover, a distinction must be observed between the regulation of an activity which may be engaged in as a matter of right, and one carried on by government sufferance or permission.
In the latter case, the power to exclude altogether generally
includes the lesser power to condition and may justify a degree
of regulation not admissible in the former."
Davis v. Massachusetts, 167 U. S. 43.
"Definitions of the police power must, however, be taken
subject to the condition that the state cannot, it its exercise,
for any purpose whatever encroach upon the powers of the general
government, or the rights secured by the supreme law of the
land."
New Orleans Gas Co. v. Louisiana Light Co., 115 U. S.
650, 651.
"The police power, according to its largest definition, is
restricted in its exercise by the National Constitution, as is
further shown by those cases in which grants of exclusive
privileges respecting public highways and bridges over navigable
streams have been sustained as contracts, the obligations of
which are fully protected from impairment by state
enactments."
New Orleans Gas Co. v. Louisiana Light Co., ibid., p.
663.
"The police power is not a universal solvent by which all
constitutional guarantees and limitations can be loosened and set
aside, regardless of their clear and plain meaning, nor is it a
substitute for those guarantees."
Goldman v. Crowther, 128 A 50.
"A claim that action is being taken under the police powers of
the state cannot justify disregard of constitutional
inhibitions."
Panhandle Eastern Pipeline Co. v. State Highway
Commission, 294 U.S. 613.
"It is settled that the constitutional rights protected from
invasion of the police power include rights safeguarded by both
the express and implied prohibitions in the Constitutions."
Tighe v. Osborne, 131 A 801; State v. Marble, 73 N. E.
1063; State v. Redmon, 114 N.W. 137.