424 HASTINGS—POLICE POWER OF THE STATE. [June 19, 
has again been urged upon our consideration, we have examined it very 
much in detail. We think the power of the legislature to control exist- 
ing railways in this respect may be found in the general control over the 
police of the country, which resides in the law-making power in all free 
states, and which is, by the fifth article of the bill of rights of this state, 
expressly declared to reside perpetually and inalienably in the legisla- 
ture, which is, perhaps, no more than the enunciation of a general prin- 
ciple applicable to all free states, and which cannot, therefore, be vio- 
lated so as to deprive the legislature of the power, even by express grant 
to any mere public or private corporation. And when the regulation of 
the police of the city or town by general ordinances is given to such 
towns and cities, and the regulation of their own internal police is given 
to railroads to be carried into effect by their by-laws and other regula- 
tions, it is, of course, always in all such cases subject to the superior 
control of the legislature. That is a responsibility of which legislatures 
cannot divest themselves, if they would.” 
“This police power of the state extends to the protection of the lives, 
limbs, health, comfort and quiet of all persons and the protection of all 
property within the state. .... So far as the railroads are concerned, 
this police power, which resides primarily and ultimately in the legisla- 
ture, is twofold: First. The police of the roads, which in the absence 
of legislative control the corporations themselves exercise over their 
operatives, and to some extent over all who do business with them or 
come upon their grounds, through their general statutes and by their 
officers.” 
And he proceeds to show what the roads may do and what they 
may be required to do by legislative enactment, that the rest of the 
community may be reasonably safe ; and his enumeration shows 
how extensive he regarded the powers of the legislature. He has 
anticipated most of the modern statutes on this subject : 
‘‘Second. There is also the general police power of the state, by which 
person and property are subjected to all kinds of restraints and burdens 
in order to secure the general comfort, health and prosperity of the 
state. Of the perfect right in the legislature to do which no question 
ever was or upon acknowledged general principles ever can be made, 
so far as natural persons are concerned. And it is certainly calculated 
to excite surprise and alarm that the right to do the same in regard to 
railways should be made a serious question. This objection is made 
generally upon two grounds: Ist. That it subjects corporation to vir- 
tual destruction by the legislature; and, 2d, That it is an attempt to con- 
trol the obligation of one person to another in matters of merely private 
concern.” 
