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Adirondack agricultural and manufacturing American Forestry blighted timber cise citizens COMMON CARRIERS constitution criminate cutting deemed denuded 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 Hampshire hemlock hereby highways impair permanently indiscriminate cutting injure legislative power limits log whose diameter lumber business lumbermen manner mayor and aldermen Munn necessary oppressive upon individuals owners person police power poplar or birch power of eminent present preservation of game proper public interests purpose reasonable regulation representatives in gen restrictions Rights of property SECT sion special fire wardens 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
Side 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.
Side 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.
Side 10 - According to the maxim, sic utere tuo ut alienum non ((edits, which, being of universal application, it must, of course, be within the range of legislative action to define the mode and manner in which every one may so use his own as not to injure others.
Side 22 - ... shall forfeit not less than five nor more than one hundred dollars...
Side 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.
Side 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.
Side 10 - 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 of his own so far as is reasonably consistent with a like enjoyment of rights by others.
Side 14 - ... in burial grounds; the restriction of objectionable trades to certain localities; the compulsory vaccination of children; the confinement of the insane or those afflicted with contagious diseases ; the restraint of vagrants, beggars, and habitual drunkards; the suppression of obscene publications and houses of ill fame; and the prohibition of gambling houses and places where intoxicating liquors are sold.
Side 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.