¶1I concur in the result upon the ground that the act in question constitutes such a restriction upon the ordinary use of property and such an interference with the dominion of the owner over his property as to bring it within the inhibition of secs. 9 and 13, art. I, Const., as interpreted *116in Janesville v. Carpenter, 77 Wis. 288, 46 N. W. 128, and cases there cited. Consequently it could only "be justified as a valid exercise of the police power of the state. But I consider the act in question not a valid exercise of the police power, because committing to the discretion of the occupant of the lower berth the matter of compelling either the raising or the lowering of the upper berth negatives the idea that the law is based upon considerations of public health, peace, morals, or safety. So far as anything in the opinion of the court may be fairly understood to- imply that the regulation of sleeping-cars is not within the field of police power or to imply that this court has any power to declare void an act of the legislature which does not conflict with some express provision or reasonable implication of the constitution, and merely because the act is (1) in the opinion of the court unreasonable^ and (2) a police regulation, I desire to record my dissent therefrom
134 Wis. 89
State v. Redmon
Decided December 13, 1907
Wisconsin Supreme Court · decided 1907-12-13
Eepobted from the municipal court of Brown county: N. J. MoNAHAN, Judge. Eeports in two prosecutions under sec. 1636p, Stats. (Laws of 1907, eh. 266). The first action was for a violation of such chapter September 5, 1907, and the second for a violation thereof August 26, 1907. The person whose rights under such law were violated in the latter was a passenger between points within the state, and the one in the former was an interstate passenger.
Relies on City of Janesville v. Carpenter
Good law ✅— No negative treatment on recordhow we know
Questions answered in the negative · Decided 1907-12-13
How this case has been cited
Cited by 54 later decisions — most recently April 2024 · most notably Meyer v. State of Nebraska (1923), Coulter v. Pool (1921)
52 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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