70 Ninth Annual Report op the 



safetv and welfare of society. Its exercise in extreme case* 

 is frequently justified by the maxim sains populi supremo, lex 

 est. It is used to regulate the use of property b} T enforcing the 

 maxim sie utere tuo, ut alienum non laedas. Under it the con- 

 duct of an individual and the use of property may be regulated 

 so as to interfere, to some extent, with the freedom of the one 

 and the enjoyment of the other; and in cases of great emergency 

 engendering overruling necessity, property may be taken or 

 destroyed without compensation, and without what is com- 

 monly called due process of law. The limit of the power can- 

 not be accurately defined, and the courts have not been able or 

 willing definitely to circumscribe it. But the power however 

 broad and extensive, is not above the Constitution. When it 

 speaks, its voice must be heeded. It furnishes the supreme law, 

 the guide for the conduct of legislators, judges and private per- 

 sons, and so far as it imposes restraints, the police power must 

 be exercised in subordination thereto." 



After citing numerous authorities, the court continues: 

 (P. 110.) " These citations are sufficient to show that the police 

 power is not without limitations, and that in its exercise the 

 legislature must respect the great fundamental rights guaran- 

 teed by the Constitution. If this were otherwise, the power of 

 the legislature would be practically without limitation. In the 

 assumed exercise of the police power in the interest of the 

 health, the welfare or the safety of the public, every right of 

 the citizen might be invaded and every constitutional barrier 

 swept away. 



"Generally it is for the legislature to determine what laws and 

 regulations are needed to protect the public health and secure 

 the public comfort and safety, and while its measures are cal- 

 culated, intended, convenient and appropriate to accomplish 

 these ends, the exercise of its discretion is not subject to re- 

 view by the courts. But they must have some relation to these 

 ends. Under the mere guise of police regulations, personal 

 rights and private property cannot be arbitrarily invaded, and 

 the determination of the legislature is not final or conclusive. 



