Passler v. Johnson’s Empirical Analysis

Citation profile

2 federal appellate · 14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is argued by appellant that the legislature in enacting the sections of the statute in question exceeded its constitutional power in that said sections 'are not a proper exercise of the police power, having no relation to the preservation of the health, morals, safety or welfare of the public.’ The police power, as we have said, is to be exercised within wide limits of legislative discretion. It has been said to be the most essential of powers, at times the most insistent, and always one of the least limitable ,of the powers of government. The statute in question is referable to that power and it will be presumed to be valid unless invalidity is clearly made to appear, as we have shown. It is assailed as having no relation to the public health or to the prevention of fraud and deceit. Primarily the determination of whether or not the public health may be injuriously affected or whether the public may be defrauded or deceived by the manufacture and sale of an article is for the legislature. It is the duty of the court to sustain the law unless it clearly appears to be arbitrary and unreasonable or passed for some ulterior purpose and not in the interest of the general welfare, or to have no relation in fact to the purported legislative purpose. These propositions are well established. If the situation is such that a fairly debatable question is presented, then it is for the legislature to determine, and the court should not interfere, even if, in its opinion, the conclusio”

   2 later decisions quote this exact passage
   e.g. Borden Company v. Thomason · City of St. Louis v. Brune

2. “[The] state Liquor Control Act [of Missouri] does not attempt to preclusively regulate but, on the contrary, specifically authorizes municipalities to enact ordinances, consistent with the state law, regulating wholesalers and retailers of alcoholic beverages.”

   1 later decision quote this exact passage
   e.g. Walker v. City of Kansas City

3. “The exercise of its police power by the state or the city can only be declared improper or invalid when rules and regulations imposed thereunder can be said to be unreasonable.”

   1 later decision quote this exact passage
   e.g. Borden Company v. Thomason