80 Ninth Annual Retort of the 



it in quite a number of cases, and a further elaboration is not 

 needed. 



The following propositions are firmly established and recog- 

 nized: a person living under our Constitution has the right to 

 adopt and follow such lawful industrial pursuit, not injurious 

 to the community, as he may see fit. The term ' liberty ' as 

 used in the Constitution is not dwarfed into mere freedom from 

 physical restraint of the person of the citizen as by incarcera- 

 tion, but is deemed to embrace the right of man to be free in 

 the enjoyment of the faculties with which he has been endowed 

 by his Creator, subject only to such restraints as are necessary 

 for the common welfare. Liberty, in its broad sense, as under- 

 stood in this country, means the right not only of freedom 

 from 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 lawful calling and to pursue 

 any lawful trade or avocation. These principles are contained 

 and stated in the above language in various cases, among which 

 are Live Stock Association v. Crescent City, etc., Co. (1 Abb. U. S., 

 388, 398); Slaughter House Cases (16 Wall., 36, 106); Matter of 

 Jacobs (98 N. Y., 98); Bertholf v. O'Reilly (74 id., 509); People v. 

 Marx (99 id., 377). 



It is quite clear that some or all of these fundamental and 

 valuable rights are invaded, weakened, limited or destroyed by 

 the legislation under consideration. It is evidently of that kind 

 which has been so frequent of late, a kind which is meant to 

 protect some class in the community against the fair, free and 

 full competition of some other class, the members of the former 

 class thinking it impossible to hold their own against such 

 competition, and, therefore, flying to the legislature to secure 

 some enactment which shall operate favorably to them or un- 

 favorably to their competitors in the commercial, agricultural, 

 manufacturing or producing field. By the provisions of this 

 act a man owning articles of food which he wished to sell or 

 dispose of is limited in his powers of sale or disposition. A 

 liberty to adopt or follow for a livelihood a lawful industrial 



