Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1905-05-04


whica the state seeks not only to
observe the public order and TO pre-
vent offenses against the state, but
also to establish for the intercourse
with horses, those rules Of good man
ners and good neighborhood which are
calculated to prevent a conflict OF
rights and to insure TO each the I'M
interrupted enjoyment Of his own, so
far as 1t Is reasonably consistent with
u like enjoyment OF the rights or
others"
The state is authorized b. the ex.
erclse Of this power to protect the
lives, limbs, health, comfort ana
quiet Of all persons, and the protec.
ton Of all property within the state
All courts agree that the police
power of a state extends to all regula.
tons affecting the lives, limbs, health,
comfort good order, morals, peace
and safety OF society, and hence may
be exercised on many subjects and IN
many ways.
The possession and enjoyment OF
all rights are subject to such reason
able conditions as may be deemed by
the governing authority Of the country
essential to the safety health, peace
good order and morals OF the com
munity. Even liberty itself the
greatest Of all rights, Is not IN
restricted license to act according 10
ones own will. It is only freedom
from restraint under conditions es
scntial to the equal enjoyment Of the
same right by others. It is then
liberty regulated by law
Under this power it has been held,
that the state may lawfully regulate
the manufacture and sale OF oeo.
margarine.
So II has been held that the state
may lawfully require a practitioner OF
medicine therein, to obtain a license
from the state board created therefor,
as evidence Of his qualification to
practice ana make IT unlawful to prac.
tee without first obtaining sucn
license.
A similar rule has been applied to
the practice OF dentistry
Also to persons engaged in the
business Of plumbing,
Also to retailer OF drugs and
medicines.
II VIII be observed that All
licenses SO granted are licenses for
pfaclltlng u profession, or engaging
IN business which Is deemed dan
Serous to the public welfare miles.
exercised by skilled and competent
persons.
me act In question does not pur
port to license business or Occupa
lIon, nor does 1t grant or license
privilege not common TO all peonln
nor does 1t require OF the operator or
me vehicle mentioned an examIna.
tlon as to skill and ability to handle
or manage the same, but II apparontly
l"Vles license fee or tax upon tho
vehicle Itself and imposes upon tine
operator OF such the additional burden
OF having IT marked or numbered, n
burden which Is not required OF other
citizens travelling upon the highways.
a license Is a privilege granted by
the state usually on payment or
valuable consideration, though II Is
not essential, To constitute a prvl
Iege the grant must confer authority
to do something which without the
grant would be Illegal, for If what Is
to be done under the license IS open
to everyone without It, the grant
would be merely idle and nugatory
comforting no privilege whatever"
"A city may regulate certain oC.
equations such az hackmon, draymen
cNpressmon, aud the like for such
regulation Is Of police character,
having reference TO the general wei,
fare, as a means of preventing i'm.
proper cNaCtiOns and oXtOrlions: and
Tor the same reason, u license may be
cNnetcd for vehicles used In the
transportation of goods and mrrchau
disc, or of passengers or for other
purposes of tralllc; but such license
is an occupation license, and not one
for the use of the streets. The liccnse
In the latter named case, Is designed
to operate upon those who hold them.
selves ont ms common carriers, and Il
license may be eXacted from such as
u proper exercise of police power; but
no reason exists why It should be ap-
piled to the owners Of private vehicles
used for their individual use ex.
clusIvcly, in their own business, or
for their own pleasure, rs means OF
loComotion"
Anything which capnot be enjoyed
without legal authority would be a
mere privilege which Is generally
evidenced by license,
The use of the public streets or u
city Is not n privilege but a right
Tiedmon ON Limitations of Police
Power Sec, PSI, says, in distinguish.
ing between license and tax:
1T Is therefore conclusive that the
general requirements OF license Tor
the pursuit of any business that IS
dangerous to the public can only be
justified as an exercise ct the power OF
taxation or the requirement OF com
npn4tt hn Ia ne a