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ELEVEXTII BIENNIAL REPORT, . 97 determine whether the particular use of the property is injurious to the public?" and gives this answer: 'Tower to determine such questions, so as to bind all, must exist somewhere; else society will be at the mercy of the few. Under our 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 of the State, and to determine, primarily, what measures are appropriate or needful for the protection of the public morals, the public health, or the public safety." Summing up and stating the result of all the decisions of that Court, it is further said: ''The principle that no person shall be deprived of life, libertj', or property, without due process of law, was embodied in substance in the Constitutions of nearly all, if not all, of the States at the time of the adoption of the fourteenth amendment, and it has never been regarded as incompatible with the principle, equally vital, because essential to the peace and safety of society, that all property in this country is held under the implied obligation that the owner's use of it shall not be injurious to the community. This Court has, nevertheless, with marked distinctness and uniformity, recognized the necessity, growing out of the fundamental conditions of civil society, of upholding State police regulations which were enacted in good faith, and had appropriate and direct connection with that protection of life, health and property which each State owes to her citizens. A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of the property for the public benefit. Such legislation does not disturb the owner in the control or use of his property for lawful purposes, nor restrict his right to dispose of it, but is only a declaration by the State that its use by any one, for certain forbidden purposes, is prejudicial to the public interests." It was said in Munn v. Illinois, 94 U. S., 124, that while power does not exist with the whole people to control rights that are purely and exclusively private, government may require "each citizen to so conduct himself, and to use his own property, as not unnecessarily to injure another. This is the very essence of government; and has found expression in the maxim, sfc utere tuo, nt alienum non laedas. From this source come the police powers, which, as was said by Chief Justice Taney in the License cases, 5 How., 583, are nothing more nor less than the powers of government inherent in every sovereignty, that is to say, the power to govern men and things." And again at page 124: "A body politic 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." The same Court said in Beer Co. v. Massachusetts, 97 U. S., 32: "If the public safety or the public morals require the dis-
Object Description
Rating | |
Fixed Title * | NCHH-01: Biennial Report of the North Carolina Board of Health [1879-1908] |
Document Title | Biennial Report of the North Carolina Board of Heath [1879-1908] |
Subject Name | North Carolina. State Board of Health -- Statistics -- Periodicals. |
Subject Topical | Public health -- North Carolina -- Statistics -- Periodicals. |
Subject Topical Other | Public Health -- North Carolina. |
Creator | North Carolina. State Board of Health. |
Publisher | Raleigh : News & Observer, 1881-1909. |
Repository | University of North Carolina at Chapel Hill. Health Sciences Library. |
Host | University of North Carolina at Chapel Hill |
Date | 1905-1906 |
Identifier | NCHH-01-011 |
Form General | Periodicals |
Language | English |
Rights | This item is part of the North Carolina History of Health Digital Collection. Some materials in the Collection are protected by U.S. copyright law. This item is presented by the Health Sciences Library of the University of North Carolina at Chapel Hill for research and educational purposes. It may not be republished or distributed without permission of the Health Sciences Library. |
Digital Collection | North Carolina History of Health Digital Collection |
Sponsor | The North Carolina History of Health Digital Collection is an open access publishing initiative of the Health Sciences Library of the University of North Carolina at Chapel Hill. Financial support for the initiative was provided in part by a multi-year NC ECHO (Exploring Cultural Heritage Online) digitization grant, awarded by the State Library of North Carolina, and funded through the Library Services and Technology Act (LSTA). |
Volume Number | 11 |
Health Discipline | Public Health |
Digital Format | JPEG 2000 |
Print / Download PDF Version | http://archives.hsl.unc.edu/nchh/nchh-01/nchh-01-011.pdf |
Document Sort | all; group-a; nchh-01 |
Volume Link | http://dc.lib.unc.edu/cdm/search/collection/nchh/field/identi/searchterm/NCHH-01-011 |
Title Link | http://dc.lib.unc.edu/cdm/search/collection/nchh/field/documa/searchterm/NCHH-01 |
Catalog Record link | http://search.lib.unc.edu/search?R=UNCb2375274 |
Description
Fixed Title * | Page 97 |
Document Title | Biennial Report of the North Carolina Board of Heath [1879-1908] |
Subject Name | North Carolina. State Board of Health -- Statistics -- Periodicals. |
Subject Topical | Public health -- North Carolina -- Statistics -- Periodicals. |
Subject Topical Other | Public Health -- North Carolina. |
Creator | North Carolina. State Board of Health. |
Publisher | Raleigh : News & Observer, 1881-1909. |
Repository | University of North Carolina at Chapel Hill. Health Sciences Library. |
Host | University of North Carolina at Chapel Hill |
Date | 1905-1906 |
Identifier | NCHH-01-011-0105 |
Form General | Periodicals |
Page Type | all; organizational news |
Language | English |
Rights | This item is part of the North Carolina History of Health Digital Collection. Some materials in the Collection are protected by U.S. copyright law. This item is presented by the Health Sciences Library of the University of North Carolina at Chapel Hill for research and educational purposes. It may not be republished or distributed without permission of the Health Sciences Library. |
Filename | biennialreportof11nort_0105.jp2 |
Digital Collection | North Carolina History of Health Digital Collection |
Sponsor | The North Carolina History of Health Digital Collection is an open access publishing initiative of the Health Sciences Library of the University of North Carolina at Chapel Hill. Financial support for the initiative was provided in part by a multi-year NC ECHO (Exploring Cultural Heritage Online) digitization grant, awarded by the State Library of North Carolina, and funded through the Library Services and Technology Act (LSTA). |
Volume Number | 11 |
Page Number | 97 |
Health Discipline | Public Health |
Full Text | ELEVEXTII BIENNIAL REPORT, . 97 determine whether the particular use of the property is injurious to the public?" and gives this answer: 'Tower to determine such questions, so as to bind all, must exist somewhere; else society will be at the mercy of the few. Under our 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 of the State, and to determine, primarily, what measures are appropriate or needful for the protection of the public morals, the public health, or the public safety." Summing up and stating the result of all the decisions of that Court, it is further said: ''The principle that no person shall be deprived of life, libertj', or property, without due process of law, was embodied in substance in the Constitutions of nearly all, if not all, of the States at the time of the adoption of the fourteenth amendment, and it has never been regarded as incompatible with the principle, equally vital, because essential to the peace and safety of society, that all property in this country is held under the implied obligation that the owner's use of it shall not be injurious to the community. This Court has, nevertheless, with marked distinctness and uniformity, recognized the necessity, growing out of the fundamental conditions of civil society, of upholding State police regulations which were enacted in good faith, and had appropriate and direct connection with that protection of life, health and property which each State owes to her citizens. A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of the property for the public benefit. Such legislation does not disturb the owner in the control or use of his property for lawful purposes, nor restrict his right to dispose of it, but is only a declaration by the State that its use by any one, for certain forbidden purposes, is prejudicial to the public interests." It was said in Munn v. Illinois, 94 U. S., 124, that while power does not exist with the whole people to control rights that are purely and exclusively private, government may require "each citizen to so conduct himself, and to use his own property, as not unnecessarily to injure another. This is the very essence of government; and has found expression in the maxim, sfc utere tuo, nt alienum non laedas. From this source come the police powers, which, as was said by Chief Justice Taney in the License cases, 5 How., 583, are nothing more nor less than the powers of government inherent in every sovereignty, that is to say, the power to govern men and things." And again at page 124: "A body politic 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." The same Court said in Beer Co. v. Massachusetts, 97 U. S., 32: "If the public safety or the public morals require the dis- |
Digital Format | JPEG 2000 |
Print / Download PDF Version | http://archives.hsl.unc.edu/nchh/nchh-01/nchh-01-011.pdf |
Document Sort | all; group-a; nchh-01 |
Volume Link | http://dc.lib.unc.edu/cdm/search/collection/nchh/field/identi/searchterm/NCHH-01-011 |
Title Link | http://dc.lib.unc.edu/cdm/search/collection/nchh/field/documa/searchterm/NCHH-01 |
Catalog Record link | http://search.lib.unc.edu/search?R=UNCb2375274 |
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