Report of the New Hampshire Forestry CommissionThe Commission, 1897 |
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Страница 163
... exercise of the power of eminent domain , or in the prohibition of indiscriminate cutting , through the exercise of the police power . The first of these remedies would be com- plete , but the apparent unreadiness of the people to ...
... exercise of the power of eminent domain , or in the prohibition of indiscriminate cutting , through the exercise of the police power . The first of these remedies would be com- plete , but the apparent unreadiness of the people to ...
Страница 165
... exercise . " In this case the validity of a statute fixing lines in the harbor of Boston beyond which no wharf shall be extended or maintained , was upheld . This description of the police power by state tribunals and the competency of ...
... exercise . " In this case the validity of a statute fixing lines in the harbor of Boston beyond which no wharf shall be extended or maintained , was upheld . This description of the police power by state tribunals and the competency of ...
Страница 166
... exercise of its police power . In the leading case above cited , the court , by Waite , C. J. , said : “ Of the propriety of legislative interference within the scope of legislative power , the legislature is the ex- clusive judge ...
... exercise of its police power . In the leading case above cited , the court , by Waite , C. J. , said : “ Of the propriety of legislative interference within the scope of legislative power , the legislature is the ex- clusive judge ...
Страница 167
... exercise , but they do not bound the sphere of its operation . There is little reason , un- der our system of government , for placing a close and narrow interpretation on the police power , or in restricting its scope so as to hamper ...
... exercise , but they do not bound the sphere of its operation . There is little reason , un- der our system of government , for placing a close and narrow interpretation on the police power , or in restricting its scope so as to hamper ...
Страница 169
... exercise of its police powers is not final or conclusive , but is subject to the supervision of the courts . ” After enumerating a number of such instances , he continues : " The preservation of game and fish , however , has always been ...
... exercise of its police powers is not final or conclusive , but is subject to the supervision of the courts . ” After enumerating a number of such instances , he continues : " The preservation of game and fish , however , has always been ...
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adoption agricultural and manufacturing annual appointed Approved March 29 area of forest authority board of railroad citizens commis COMMON CARRIERS compound interest Concord constitution deemed demand denudation disastrous floods discussion of forestry duty eminent domain enactment established exercise fire wardens Flume House forest cover forest crop forest land forest preserves forest products forestry law forestry subjects Franconia George H growth and water Hampshire forestry commission indiscriminate cutting investigations legislative power legislature located lumber operators lumbermen Merrimack River Merrimack valley methods of lumbering necessary North Woodstock owners Pemigewasset Valley Railroad persons petition petitioner police power present preservation of game PRESIDENTIAL RANGE proposed extension protection provisions public good requires public park purpose railroad commissioners reasonable removal request for findings restriction river secretary selectmen of towns sion special fire-wardens spruce forests statute supreme court Tamworth timber supply tion town organization exists tract of forest twelve inches water supply wood and timber
Популарни одломци
Страница 164 - 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 164 - 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 169 - 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 165 - ... 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 to 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 166 - They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions.
Страница 166 - 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 169 - State may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.
Страница 168 - 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 168 - ... of such as are in the path of a conflagration ; the slaughter of diseased cattle ; the destruction of decayed or unwholesome food ; the prohibition of wooden buildings in cities ; the regulation of railways and other means of public conveyance, and of interments in...
Страница 164 - ... 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: