554 HASTINGS—POLICE POWER OF THE STATE. [June 19, 1900. 
Linceln spent his best years and delivered his most notable public 
utterances in attacking the court for its decision in the Dred Scott 
case. 
Yet a distinguished member of the court availed himself of a 
commemoration of Lincoln’s birthday to claim the Supreme Court 
as ‘‘the bearers of the palladium of American liberty.’’ And his 
claim must be allowed. Among the changes that have happened 
in a hundred years is that the court has become the refuge of Jef- 
ferson’s individualism as against socialistic tendencies in the legis- 
latures. In this they are in the line of the function of the courts 
in all ages: the application of habits and customs to the determin- 
ation of the rights of parties. 
In this application ot old habits to new emergencies in the ‘‘ de- 
cisions relating to the police power of the state,’’ the maintenance 
of authority as against the letter of the constitutions is a general 
feature. In one notable respect this is not true. The right of 
contract, in a freer sense by far than was formerly upheld, is now 
asserted, and vindicated as protected by the guarantee of ‘ lib- 
erty.’ We have seen this in Allgeyer’s case in the federal Supreme 
Court. It is even more marked in numerous state cases. Except 
in this particular, as against the bills of rights, legislative action in 
any accustomed way, and in most new ones that can claim a real 
public utility as their purpose, is sustained. 
Of any loss of real or needed authority through the action of the 
courts there is evidently no danger. While those ‘‘ old antagonists, 
Liberty and Government,” 
new and yet always old forms as the years go on, let us hope that 
to the courts of last resort will continue to be given wisdom and 
firmness to hold the scales even; with Marshall, to ‘‘ both innovate 
boldly and preserve wisely,’’ 
retrace.’’ As to what has been done during the last century, if it 
has been found in this paper necessary to deny the existence of any 
“‘ police power’’ as a separate entity, it has nevertheless been 
sought with all diligence to exhibit the decisions relating to it as 
they are. To paraphrase Comines’ saying, ‘‘ Je les ay fait le plus 
pres de la vérité que je l’ay peu.”’ 
will continue their struggle in ever 
and so, like him, ‘‘ have no steps to 
