50 Ninth Annual Report of the 



calling, and to pursue any lawful trade or avocation. It has 

 been declared to be one of the fundamental rights and priv- 

 ileges of every American citizen, to adopt and follow such law- 

 ful industrial pursuits not injurious to the community as to him 

 may seem fit."— Matter of Jacobs, 98 N. Y., 98; People v. Marx, 99 

 N. Y., 377; People v. Gillson, 109 X. Y., 389; People v. Tyrokr, 157 

 N. Y., 116. 



The plaintiff grants and admits that this statute interferes 

 with the business of this defendant and restrains him from un- 

 limited license to sell or advertise the product of his business 

 for mixture with dairy products. 



But restraint of person and property is allowed to the legisla- 

 ture if the restraint is exercised for the peace, safety, or general 

 welfare of the public. Such restraint is called the police power 

 of the legislature. 



" We may own our property absolutely and yet it is subject 

 to the proper exercise of the police power." — Health Department 

 v. Rector, 115 N. Y., 32. 



The question before this court is whether the legislature was 

 acting within the police power vested in it when it passed the 

 provision: 



" Xo person shall sell, offer or expose for sale any butter or 

 other dairy product containing a preservative, but this shall 

 not be construed to prohibit the use of salt in butter or cheese, 

 or spirituous liquors in club or other fancy cheese or sugar in 

 condensed milk." 



The police power has not yet been fully described or its extent 

 plainly limited. It has been often remarked that it is difficult 

 and impossible to define its limits. One definition called it co- 

 extensive with self-protection, and the operation by society of 

 the natural law of self-preservation. It has not inaptly been 

 called the law of paramount necessity. 



" It is incapable of exact definition, but its existence is 

 essential to every well ordered government." People v. King, 

 110 X. Y., 423. 



" It is an undoubted rule that it may be exerted to protect 



