74 Ninth Annual Report of the 



lessee of a tenement house who is a cigarmaker, and trammels 

 him in the application of his industry and the disposition of 

 his labor, and thus, in a strictly legitimate sense, it arbitrarily 

 deprives him of his property and of some portion of his personal 

 liberty. 



The constitutional guaranty that no person shall be deprived 

 of his property without due process of law may be violated 

 without the physical taking of property for public or private 

 use. Property may be destroyed, or its value may be annihi- 

 lated; it is owned and kept for some useful purpose, and it has 

 no value unless it can be used. Its capability for enjoyment 

 and adaptability to some use are essential characteristics and 

 atnibutes without which property cannot be conceived; and 

 hence any law which destroys it or its value, or takes away any 

 of its essential attributes, deprives the owner of his property. 



(P. 106.) So, too, one may be deprived of his liberty and his 

 constitutional rights thereto violated without the actual im- 

 prisonment or restraint of his person. Liberty, in its broad 

 sense, as understood in this country, means the right, not only 

 of freedom from actual servitude, imprisonment or restraint, 

 but the right of one to use his faculties in all lawful ways, to 

 live and work where he will, to earn his livelihood in any law- 

 ful calling, and to pursue any lawful trade or avocation. All 

 laws, therefore, which impair or trammel these rights, which 

 limit one in his choice of a trade or profession, or confine him 

 to work or live in a specified locality, or exclude him from his 

 own house, or restrain his otherwise lawful movement (except 

 as such laws may be passed in the exercise of the legislature 

 of the police power, which will be noticed later), are infringe- 

 ments upon his fundamental rights of liberty, which are under 

 constitutional protection. In Butchers' Union Com pain/ v. 

 Crescent City Co. (Ill IT. 8., 746), Field, J., says: " That 

 among the inalienable rights as proclaimed in the Declaration 

 of Independence ' is the right of men who pursue any lawful 

 business or vocation in any manner not inconsistent with the 



