The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-07-20
ed States is invalid and will not be en-
forced bV the cOurts

States is vested IN Congress-; while that
)t the several States is LODGED in the |
State legislatures. And while the su
prcmo bower of legislation is to be en-
crciscd by these bodies, they do not
possess an absolute. unlimited aM horitv
The national sud State Constitutions IRE
'hc supreme law of the land. aud every
legislative act which violates such c0u-
sutu'ions will be held VOID by the courts
Where there ls no consttntiO ,al limiLa-
uon OF power, tho authority of Congress
or ct the legislatures is nclrlv umlimi
ed" Note Gj, star page III
What is the police power OF tn" Sac?
'fhG police OF a SAFE, III Il cDDp" -
hcnsiVc sense embraces It's system oi III
tcrnal regulation, by which it. is sou tht
not only to preserve the police o:lcr,
and to prevent offences against thn
State, but also to cstablish. for the ia
tcrcoursc OF citizen with citizen, those
rules of 700 m inurrS AMI yDpi nj N
bGrhond which are calculated TO prevent
1 cUl.h;ut % rights, and 10 insure u each
itic uninterrupted en- )lm"n, OF his own,
AZ IA" aS is reasonably crrsr LenL with
/ ike enjoyment of rights by 9th
CrS.' COOl"N'S Constitutional Limi a -
&ons, S!ar page 572.
"Nc think it is Il settled principle :"
@a}s Chic Justice Sha Y. "mrowing out
pi tie nature o! well ordered civil 81.
CiclS, that every holder of Dropcrty,
however absolute ard unnualil :d NAV
hc his title, hollis it under the implied
liability that his use Of it m y not be in &.
iuri"u1 80 the rights OF the community.
tights Ot property, like all
other social and conventional rights, are
subject to such reasonable limitations IN
Their cnlnymcnL az shall prevent them
from benz l. iurlOuA, and to such reason
able restraints aud regulations CsLab
lshcd by law as the legislature, under
the governing aud controlling power
vested in them by the constitution, NAV
think necessary and cXUcdicut,
The power We allIlc 10 is rather the
police power; the power vested in the
legislature by the constitution 10 M Ike,
nd IN and cstabl,shc all m amer ol
wholesome and reasonable laws, statutes
AuI ordinances, either Wit. penalties or
with ont, not TcpuInunL u the
Constitution, aS they shall iuItC
to hc Tor Tie good and welfare ol the
commonwealth, and oI the subjects %,
the sarn. II IL much easier To per-
rClvG lh1 existence aud source of this
power than To mark the boundaries. "
commonwealth VI, AlIcrs, ! CuSh., > :;
cited la Cooley Con. Lin. 80.
Speaking OF prOmbi'ory liquor laws,
Judge Cooley, in his work on Constltu.
Llonal Limitations, star pages jN3 jN4,
says.
'ThCy are looked II ,rDn rs pDnrc rn.,u.
Latlons Csta abllshcd by the L"Lislaturc for
he prevention al InlcmpaIancc, paupcr
Sm and crime, and for the abatement o. |
luISnnrcs. 1t has also been hCil com. |
'"icnt tn declare the liquor kept for sale
nuisance, rud to provic lea process
~ It's condemnation and destruction
ud TO seize and condemn the building
rrur'ri AZ Il dean shop on the sam
round. Aud 1t is only .vhcn in framing
lch legislation care has not been taken
observe those principles ot protection
hrh surround the persons and dwell
- of individuals, securing them
LnSt unreasonable searches aud seiH.
rS, and giving them right - trial be-
e condemnation, that the courts have |
at liberty TO declare that it exceeded
e proper province Of police rcgull.
ms. Perhaps there is no instance in
nc the power of the legislature 10
axe such regulations as may destroy
G nature OF property, without cOmpcn-
ton TO the owner, appears in Il more
riklng light than in the case OF these
atutes. The trade in alcoholic drinks |
:ing lawful, and the capital employed |
it being fully protected by law, the |
:yislaturc then steps in, and by an
nacLmcnt based on general reasons Of
uhlic utility, aunihllaLrs the trailic
cstroys altogether the employment,
nd reduces to a nominal value the pro
'ertY on hand. Even the keeping of
hat, for the purpose OF sale, becomes Il
;ilminal otlenSe; and without any change
whatever in his own conduct or employ.
ncnt, the merchant ii Yesterday he.
comes the criminal oI today, and the
very building in watch nc lives and con-
ducts the business which to tNat mnr-
ahauL was lawful becomes the subject
ot legal proceedings, ii the sCl'.
utc shall so declare, and liable ID ID"
proceeded against tor forfeiture. a
statute which can do this must hc i,ist-
tied upon the highest reasons OF public
benefit; but whether satisfactory or not
they address themselves exclusively To
the legislative wisdDm.N
the dangerous extremity to which Tie
police power may be exercised is Illus
tEatcd IN three noted instances.
|. In 1878 it was held bv the court of
appeals OF the State OF New York, in the
case of BcrthOlt vs.. O'hailly, that a
statue OF 1873 cnuctiny the lessor Oi pre-.
mcsls, with the knowledge that they are
to be used Tor the sale Of Intoxicating
lqu1rs, IS liable ior damage causrd by
the act OF one mtUXitatcd by liuubr sold
in them, IL constitutional. Am. H..
potts, vol. 30, y. 33l.
>. The act OF the LEGISLATURE ul I.ouisi-
ana, 1869, granted to il corporation
created by the act The exclusive ri.ht
Tor twenty-five Years to have aud main
tau slaughter houses, landings Tor cat.
Tie, and yards for enclosing cutie in
tended for slaughter, within the parishes
OF Orleans. Jefferson and 81. Bernard.
This act was sustained by the Supreme
Court OF the United States as a lawful
exercise OF police power. Wallace, 80.
:. The court upon the same ground
sustained the act of the Legislature Of