Commissioner of Agriculture. 51 



the public health, or prevent a fraud upon the people." — People 

 v. Girard, 145 N. Y., 105. 



" If the act prohibited is fraudulent there can be no doubt 

 that the legislature under its police powers may provide for 

 its punishment." 



"A regulation which is instituted for the purpose of prevent- 

 ing fraud or injury to the public, and which tends to furnish 

 such protection is clearly constitutional." — Parker, Ch. J., in 

 People ex rel. Tryoler v. Warden, 157 N. Y., at page 123. 



" In short, the police power covers a wide range of particular 

 unexpressed powers reserved to the state affecting freedom of 

 action, personal conduct and the use and control of property." 



" It may be used in restraint of liberty whenever necessary to 

 secure the peace, good order, health, morals and general wel- 

 fare of the community. And the propriety of its exercise within 

 constitutional limits is purely a matter of legislative discretion 

 with which the courts cannot interfere." — People v. King (supra). 



" The court will not be prevented from looking at the true 

 character of the act as developed by its provisions by any state- 

 ment in act itself or its title showing that it was ostensibly 

 passed for some object within the police power." — Health De- 

 partment v. Rector, 145 N. Y., 32. 



" In other words, its (the Legislature's) determination as to 

 what is a proper exercise of the police power is not final or con- 

 clusive, but is subject to the supervision of the courts." — Colon 

 v. Lisk, 153 N. Y., 196. 



" The courts have not been able or willing definitely to cir- 

 cumscribe it, and each case must be decided very largely on 

 its own facts. 



" The difference between what is and what is not reasonable 

 frequently constitutes the dividing line between a valid and 

 void enactment by the Legislature in the exercise of its police 

 power." Dissenting opinion, Bartlett, J., Health Department v. 

 Rector, 145 N. Y., 42. 



" If courts are able to say upon a perusal of the statute that 

 there is some fair and reasonable connection between the stat- 



