police power

An attempt to define its reach or trace its outer limits is fruitless, for each case must turn on its own facts. The definition is essentially the product of legislative determinations addressed to the purposes of government, purposes neither abstractly nor historically capable of complete definition. Subject to specific constitutional limitations, when the legislature has spoken, the public interest has been declared in terms well-nigh conclusive.

The general power of government in the administration of its police (g. v.), to preserve and promote the welfare of the public, even at the expense of infringing the private rights of individuals. Cooley, Const. Lim. 704. It is an exception to the right of the citizen to conduct himself and use his property in such manner as he may see fit. "It involves a provision and means of enforcing the legal maxim "which underlies all law, — sic utere tuo ut alienum non laedas. The power of the government to impose this restraint is called 'police power'." Tiedeman, Lim. Police Power, § 1. "The police power of a state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons^ and to the protection of all property within the state, and hence to the making of all regulations promotive of domestic order, morals, health, and safety." 95 U. S. 465.

The power vested in a state to establish laws and ordinances for the regulation and enforcement of its police as above defined. The power vested in the legislafure to make, ordain, and establish nil manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subj'ects of the same. Com. v. Alger, 7 Cash. (Mass.) 85. The police power of the state is an authority conferred by the American constitutional system upon the individual slates, through which they are enabled to establish a special department of police; adopt such regulations as tend to prevent the commission of fraud, violence, or other offenses against the state ; aid in the arrest of criminals; and secure generally the comfort, health, and prosperity of the state, by preserving the public order, preventing a conflict of rights in the common intercourse of the citizens, and insuring to each an uninterrupted enjoyment of nil the privileges conferred upon him by the laws of his country. Lalor, Pol. Enc. s. v. It is true that the legislation which secures to nil protection in their rights, and the equal use and enjoyment of their property, embraces an almost infinite variety of subjects. Whatever affects the peace, good order, morals, and health of the community comes within its scope; and every one must use and enjoy his property subject to the restrictions which such legislation imposes. What is termed the "police power" of the state, which, from the language often used respecting it, one would suppose to be an undefined and irresponsible element in government, can only interfere with the conduct of individuals in their intercourse with each other, and in the use of their property, so far as may be required to secure these objects. Munn v. Illinois, 94 U. Sl 145, 24 L. Ed. 77. For other definitions, see Slaughterhouse Cases, 16 Wall. 62, 2i L. Ed. 394; Stone v. Mississippi, 107 IJ. S. 818, 25 L. Ed. 1079; Thorpe v. Rutland & B. R. Co., 27 Vt. 140, 62 Am. Dec. 625; People v. Steele, 231 111. 340, 83 N. E. 236, 14 In R. A. (N. S.) 361, 121 Am. St Rep. 321; Dreyfus v. Boone, 88 Ark. 353, 114 S. W. 718; Carpenter v. Reliance Realty Co., 103 Mo. App. 480,77 S. W. 1004; State v, Dalton, 22 R. I. 77, 46 Atl. 234, 48 L. It. A. 775, 84 Am. St Rep. 818; Deems v. Baltimore, 80 Md. 164, 30 Atl. 648, 26 L. In A. 541, 45 Am. St. Rep. 339; In re Clark, 65 Conn. 17, 31 Atl. 522, 28 L. R. A. 242; Mathews v. Board of Education, 127 Mich. 530, 86 N. W. 1036, 54 L. R. A. 736.

Defined under Police in Black's Law Dictionary.