Prohibition: The Principle, the Policy and the Party. A Dispassionate Study of the Arguments for and Against Prohibitory Law, and the Reasons Governing the Political Action of Its Advocates

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J. R. Anderson Company, 1889 - 227 страница

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Страница 211 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Страница 11 - That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise or even right.
Страница 212 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no real or substantial relation to those objects, or Is a palpable invasion of rights secured by the fundamental law, It Is the duty of the courts to so adjudge, and thereby give effect to the Constitution.
Страница 32 - Look not thou upon the wine when it is red, when it giveth his colour in the cup, when it moveth itself aright: at the last it biteth like a serpent, and stingeth like an adder.
Страница 211 - This does not confer power upon the whole people to control rights which are purely and exclusively private, but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another.
Страница 213 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require.
Страница 213 - The exercise of the police power by the destruction of property which is itself a public nuisance, or the prohibition of its use In a particular way, whereby its value becomes depreciated, is very different from taking property for public use, or from depriving a person of his property without due process of law. In the one case, a nuisance only is abated ; in the other, unoffending property is taken away from an innocent owner.
Страница 211 - Power to determine such questions, so as to bind all, must exist somewhere ; else society will be at the mercy of the few, who, regarding only their own appetites or passions, may be willing to imperil the peace and security of the many, provided only they are permitted to do as they please. Under bur system that power is lodged with the legislative branch of the government. It belongs to that department to exert what are known as the police powers...
Страница 212 - If, therefore, a State deems the absolute prohibition of the manufacture and sale, within her limits, of intoxicating liquors for other than medical, scientific and manufacturing purposes, to be necessary to the peace and security of society, the courts cannot, without usurping legislative functions, override the wills of the people as thus expressed by their chosen representatives.
Страница 213 - The attorney general, county attorney, or any citizen of the county where such nuisance exists, or is kept, or is maintained, may maintain an action in the name of the State to abate and perpetually enjoin the same.

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