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action adoption agricultural already amount annual appear application appointed authority bearing become build carried citizens conclusion constitution continued cutting deemed demand desirable destruction determination direct duty early effects enactment England established exercise existing facts fire fire wardens fish forest cover forest preserves forestry commission George George H ground Hampshire held House important inches injurious interests issue land legislative legislature limit located lumbering manner manufacturing March marked means measure meeting Merrimack Merrimack River methods Mountain necessary official operators organizations owners park Pemigewasset Valley Railroad perpetual persons petition police power possible present preservation prohibition proper proposed extension protection provisions question railroad commissioners reasonable referred regulation relation removal requires restriction river secretary secure social spruce statute successive supply supreme court timber tion town tract trees United water supply White wood
Page 164 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 164 - The police of a state, in a comprehensive sense," according to Judge Cooley (Constitutional Limitations, 6th ed., p. 704), " embraces its whole system of internal regulation, by which the state seeks not only to preserve the public order and to prevent offenses against the state, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment...
Page 169 - To justify the state in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 165 - ... Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Page 166 - They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions.
Page 166 - For us the question is one of power, not of expediency. If no state of circumstances could exist to justify such a statute, then we may declare this one void, because in excess of the legislative power of the State. But if it could, we must presume it did. Of the propriety of legislative interference within the scope of legislative power, the Legislature is the exclusive judge.
Page 169 - State may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.
Page 168 - The extent and limits of what is known as the police power have been a fruitful subject of discussion in the appellate courts of nearly every state in the Union. It is universally conceded to include everything essential to the public safety, health, and morals, and to justify the destruction or abatement, by summary proceedings, of whatever may be regarded as a public nuisance.
Page 168 - ... of such as are in the path of a conflagration ; the slaughter of diseased cattle ; the destruction of decayed or unwholesome food ; the prohibition of wooden buildings in cities ; the regulation of railways and other means of public conveyance, and of interments in...