Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-01-24
Belknap, L. j., dissenting.

upheld as a health law, and was adopt
ed for that purpose by the Legislature
in it's exercise of the police power.
The police power is inherent in the
Legislature, and founded upon the
duty of the State to protect life, health
and property of the community, and 10
preserve good order and morality.
Professor Tiedman. in his treatise
upon the subject, says: "The police
power of the government, as under
stood in the constitutional law of the
United States, is simply the power Of
the government to establish provisions
for the enforcement of the common as
well as civil law maxim, sic utere tue,
ut aiienum non laedas."
This police power of the State ex-
tends to the protection of the lives.
limbs, health. comfort and quiet of all
persons, and the protection of all pro-
perty within the State.
According to the maxim sic utere
tue, ut aIienum non iaedas, it being 81
universal application, it must of course
be within the range of legislative act
ion to define the mode and manner IN
which every one may use his own rs
not to injure others.
n Lawton v State, 152 U. S., 1876.
Ct what is known as the police power
has been d fruitful subject Of discus
SIGN in the appellate courts of nearly
p org State in the Union. 1t is univer-
lily conceded to include everything
entail to the public safety, health
and morals. and to justify the destruc-
titn or abatement, by summary pro
Caedings, of whatever may be regarded
i las been held that the State may
order the destruction Of house fall
ilg to decay or otherwise endangering
! the lives Of passers-by; the demolition
u such as are in the path Of a con-
| harration; the slaughter Of diseased
, cattle: the destruction Of decayed or
vhClesOme feed: the prohibition Ct
+ TC"den buildings in cities: the regu-
latiOn OF railways and other means
Ct public conveyance and of inter
| merits in burial grounds: the restric-
: ton of Objectionable trades to GER
, tain localities; the compulsory vacci-
f nation of children; the confinement Of
j., the insane or those afflicted with con
2 tagious diseases; the restraint of va
v grants, beggars and habitual drunk
S ARCS: the suppression of obscene pub
: liCatiC rs and houses of ill fame and
Y he prohibition of gambling houses and
e places where intoxicating liquors are
: sold. Beyond this, however, the State
t may interfere whenever the public in
e terests demand it. and in this partic
t ular a large discretion is necessarily
t vested in the Legislature to determine
not only what the interests of the
o public require, but what measures are
r necessary for the protection of sucf
= interests. To justify the State in thu:
II interpreting it's authority in behalf, y
n the public, it must appear first, tina
- the interests of the public generally
n as distinguished from those of. par
If ticular class, require such interfer
It ence; and, seconu, that the means ar
- reasonably necessary for the accom-
ID plishm ent OIL the purpose. and not III
l duly oppressive upon individuals. TIL
c Legislature may not. under the guis
e Of protecting the public interests. az
n bitrarily interfere with private busi
| ness, or impose unusual and unneces
n sary restrictions upon lawful occupa
n TONS"
II In the matter of Jacobs, SO N. Y. IS
c. where the court had under consider
n alton a law of New York prohibiting
the manufacture of cigars, and tn
" dtlOu VI IOUdCCO III duy lOIul u
n tenement houses, after citing decis
T. ions to show that the police power i
rs not without limitation and that in it
III exercise the Legislature must respec
le fundamental rights guaranteed by tn
~ Constitution, said: "If this were othel
is wise the power of the Legislator
TT would be practically without limits
O. ,,on. In the assumed exercise of tn
!, police power in the interests of tn
nea1th, the welfare or the safety {
We the public, every right of the citize
o. might be invaded, and every constitl
is tional barrier swept away.
:, Generally it is for the Legislator
to determine what laws or regulation
jill are needed to protect the public healt
Id and secure the public comfort an
ne safety. and while it's measures are ca
~. culated, intended, convenient and 81
propriate to accomplish these end
le the exercise of it's discretion is NJ
1T subject to review by the courts. B,
al they must have some relation to thes
,f- ends. Under the guise of police reg
:, lations, personal rights and privat
~ property cannot be arbitrarily invade,
g and the determination of the Legi
mt lature is not final or conclusive.
it passes an act ostensibly for tn
, public health, and thereby destroy
- or takes away the property of citize
H. or inlerferes with his personal libe
an ty, then it is for the courts to scrut
ar nize the act and see whether it reall
~ relates to and is convenient and a.
prcpriate to promote the public healtl
oh TO justify this law it would not j
ny sufficient that the use of tobacco ma
,e- he injurious to some persons, or thu
y, it's manipulation may be injurious I
:, those who are engaged in it's prepar
I'll ton and manufacture; but it woul
s: have tc be Injurious to the publ
he .GE,yt2.
N ,gain: when a health law is cha
=. ienged in the courts as unconstitutiol
IL al, en- the ground that it arbitraril
h interferes with personal liberty an
he private PROPERTY without due proce;
ho Of law, the courts must be able to sc
that it has, at least in fact some :
oil iation to the public health, that til
q puh1ic health is the end actua11v aime