Report of the Forestry Commission of New HampshireEdward N. Pearson, 1901 |
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Страница 8
... authority will deny that the tendency of their action is to impair permanently the productive power of New Hampshire . The imperative interests , therefore , not only of future generations , but also of the people now living within our ...
... authority will deny that the tendency of their action is to impair permanently the productive power of New Hampshire . The imperative interests , therefore , not only of future generations , but also of the people now living within our ...
Страница 9
... AUTHORITY FOR PROPOSED LEGISLATION . " Ample constitutional authority for such enactment is be- lieved to exist in the possession by the state of the sovereign power of police . The circumstance that courts confess that it is difficult ...
... AUTHORITY FOR PROPOSED LEGISLATION . " Ample constitutional authority for such enactment is be- lieved to exist in the possession by the state of the sovereign power of police . The circumstance that courts confess that it is difficult ...
Страница 13
... authorities in the land , and that notwithstanding their enforcement incidentally affected interstate commerce . " The ... authority of the legis- lature to impose restrictions and limitations upon the time and manner of taking fish and ...
... authorities in the land , and that notwithstanding their enforcement incidentally affected interstate commerce . " The ... authority of the legis- lature to impose restrictions and limitations upon the time and manner of taking fish and ...
Страница 15
... authority as essential for the constitutional application of the police power to a new subject matter , in the opinion of this commission ; now exist in New Hampshire . " The interests of the public generally , as distinguished from ...
... authority as essential for the constitutional application of the police power to a new subject matter , in the opinion of this commission ; now exist in New Hampshire . " The interests of the public generally , as distinguished from ...
Страница 17
... authority no less than 116,000 acres . The Hon . John D. Lyman of Exeter has assiduously preached and practiced the growing of white pine on waste areas ; but he has had few imitators . It may be that it would be wise for the state to ...
... authority no less than 116,000 acres . The Hon . John D. Lyman of Exeter has assiduously preached and practiced the growing of white pine on waste areas ; but he has had few imitators . It may be that it would be wise for the state to ...
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Adirondack agricultural and manufacturing American Forestry blighted timber cise citizens COMMON CARRIERS constitution criminate cutting deemed diameter three feet discussion of forestry dollars duty eminent domain enacted end shall measure equalizer of water eral court convened exer exercise fish and game FOREST FIRES forest land forest preservation forestry agitation forestry commission forestry subjects game laws ground or fallen HARVARD UNIVERSITY hemlock hereby highways impair permanently indiscriminate cutting injure legislative power limits LITTAUER LIBRARY log whose diameter lumber business lumbermen manner mayor and aldermen Munn necessary owners person police power poplar or birch power of eminent preservation of game public interests purpose reasonable regulation representatives in gen restrictions Rights of property SECT SHADE TREES sion special fire wardens spruce forests statute Summer visitors supreme court timber supply tion town organization exists tree growth twelve inches upheld vested washers water flowage White Mountain region wood and timber writ of error
Популарни одломци
Страница 15 - The Legislature may not, under the guise of protecting the public interests, arbitrarily interfere with private business, or impose unusual and unnecessary restrictions upon lawful occupations; in other words, its determination as to what is a proper exercise of its police powers is not final or conclusive, but is subject to the supervision of the courts.
Страница 10 - 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.
Страница 15 - 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.
Страница 12 - 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.
Страница 10 - 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 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.
Страница 10 - 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...
Страница 14 - 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.
Страница 10 - ... 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 of his own, so far as is reasonably consistent with a like enjoyment of rights by others:
Страница 11 - When one becomes a member of society, he necessarily parts with some rights or privileges which, as an individual not affected by his relations to others, he might retain. " A body politic," as aptly defined in the preamble of the Constitution of Massachusetts, "is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.
Страница 11 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all 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 subjects of the same.