48 HASTINGS—POLICE POWER OF THE STATE, [June 19, 
On 
The minority claim that such action is contrary to the dogma of 
exclusive power in Congress to regulate interstate commerce, and 
especially that it is inconsistent with Justice Miller’s opinion in 
* Wabash, Etc., Ry. Co. vs. Illinois and the precedent on which that 
case chiefly rested, 7 Hall vs. DeCuir. The majority, however, 
deliberately extend the police power in matters affecting commerce 
to provisions for the public convenience and general welfare as well 
as for guarding public safety, health and morals. Justice Harlan in 
the opinion of the court says: 
“Tt may be that such legislation is not within the ‘police power’ of a 
state, as those words have been sometimes, though inaccurately used, but 
in our opinion the power, whether called ‘police,’ ‘governmental’ or 
‘legislative,’ exists in each state, by appropriate enactments not forbid- 
den by its own constitution or by the constitution of the United States, to 
regulate the relative rights and duties of all persons and corporations 
within its jurisdiction, and, therefore, to provide for the public conve- 
nience and the public good.” 
Such is the last decision of the federal Supreme Court as to 
that mixture of political theories and English and American prece- 
dents which by a series of events which have been sought to be out- 
lined acquired the name of ‘‘ police power,’’ and has gone on 
forming new precedents. Brunetiére declares that the greatest in- 
fluence in developing new literature is always former literature. It 
is still more true that the greatest influence in shaping new de- 
cisions is earlier ones, and the final form any new principle will 
assume cannot be known till its adaptation into existing ones is 
accomplished. ‘The mixing of the precedents as to the powers of 
crown officers and chartered municipal and trading corporations 
with theories of sovereignty and legislative functions, all adapted 
to the exigencies of American life, has brought the result which has 
been sought to be shown. 
1718 U. Ss 557- 295 U. S., 485. 
