MARCH 1, 1914 



179 



H. C. Young's ajjiary in the country, 15 miles from Buffalo. 



in law as the police power. As most bee- 

 keepers are not lawyers, I will say that 

 what is known in law as the police power is 

 the internal regulations of a State that have 

 in view the preservation of good order, good 

 health, good manners and morals, and the 

 general health of the public. Chief Justice 

 Shaw, of the Supreme Court of the United 

 States, in the slaughter-house cases, stated 

 " That upon it depends the security of social 

 order, the life and health of the citizens, the 

 comfort of the existence in a thickly popu- 

 lated community, the enjoyment of j^rivate 

 and social life, and the beneficial use of 

 property. Police power, as defined by 

 Blackstone, is ' the due regulation of domes- 

 tic order of the kingdom, whereb.y the in- 

 habitants of a state, like members of a well- 

 governed family, are bound to conform their 

 general behavior to the rule of propriety, 

 good neighborhood, and good manners, and 

 to be decent, industrious, and inoffensive in 

 their respective stations; that by the general 

 police i^ower of a state, persons and prop- 

 erty are subject to all kinds of restraint and 

 Ijurdens in order to secure the general com- 

 fort, health, and prosperity of the state.' " 

 The courts of the various States and of 

 the United States have continually sustained 

 and upheld legislation that was enacted for 

 the public welfare, health, or comfort, even 

 though such legislation worked injury or 



inconvenience to innocent parties, even 

 though it violated some organic law, holding 

 that such legislation was valid under the 

 police power of the State. For example, 

 the constitution of the United States pro- 

 vides that full faith and credit shall be 

 given by the various States to the laws of 

 the sister States. Very well; in Illinois is a 

 statute that provides conditions under which 

 a person can jDractice medicine. A doctor, 

 after complying with the laws of Illinois, in 

 going to California, for instance, will there 

 find that California pays no attention to the 

 law regulating physicians to practice, and 

 requires that an examination be taken ; and, 

 believe me, it is some examination — in fact, 

 such that very few physicians care to take 

 it. But the California courts hold that such 

 legislation, even though it is prohibitive, as 

 in effect it prohibits the Chicago doctor 

 from practicing medicine in Dogtown, is 

 valid under the police power, as it tends to 

 protect the general public from iueffieient 

 doctors. 



So, under the circumstances, I have no 

 defense to offer, as I do not think a valid 

 defense exists. I am just like any other 

 educated lawbreaker. Being fully aware of 

 the position occupied in society, I take 

 every precaution to avoid being caught in 

 the toils of the law that is being willfully 

 broken. 



To be continued. 



