The Legalized Outlaw |
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Page 42
... trades and pursuits , which naturally and in- herently endanger the public order , the public morals or the public good . " BLACKSTONE'S RULE " The law is a rule of civil conduct , prescribed by the supreme power of a state , commanding ...
... trades and pursuits , which naturally and in- herently endanger the public order , the public morals or the public good . " BLACKSTONE'S RULE " The law is a rule of civil conduct , prescribed by the supreme power of a state , commanding ...
Page 70
... trade may be prohibited entirely , the evil must inhere in the trade , so that the trade , when- ever , wherever , however and by whomever con- ducted , will necessarily inflict injury upon the public . " Cooley's Constitutional ...
... trade may be prohibited entirely , the evil must inhere in the trade , so that the trade , when- ever , wherever , however and by whomever con- ducted , will necessarily inflict injury upon the public . " Cooley's Constitutional ...
Page 71
... trade in a pub- lic injury ? Certainly not . Can a state legislature authorize the establishment of a trade in a public menace or danger ? No , because to do so , would authorize an invasion of both the private and public rights of ...
... trade in a pub- lic injury ? Certainly not . Can a state legislature authorize the establishment of a trade in a public menace or danger ? No , because to do so , would authorize an invasion of both the private and public rights of ...
Page 79
... trade or avocation . All laws , therefore , which im- pair or trammel these rights , which limit one in his choice of a trade or profession , or confine him to work or live in a specified locality , or exclude him from his own house ...
... trade or avocation . All laws , therefore , which im- pair or trammel these rights , which limit one in his choice of a trade or profession , or confine him to work or live in a specified locality , or exclude him from his own house ...
Page 80
... trades and pursuits , which are innocent in themselves , and have been followed in all communities from time immemo- rial , must , therefore , be free in this country , to all alike , upon the same terms . The right to pursue them ...
... trades and pursuits , which are innocent in themselves , and have been followed in all communities from time immemo- rial , must , therefore , be free in this country , to all alike , upon the same terms . The right to pursue them ...
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Common terms and phrases
abridge absolute apply authority beverage bucket-shop citizenship common law right conclusion constitution counties Court of Indiana courts say crime decision Declaration of Independence determine effect enforce equality of rights estimate evil exercise exist fact follows free government gambling grant high license immoral inalienable rights Indiana Supreme Court Indianapolis inherent right injurious Judge judicial justice Kansas keep a saloon legislative enactment legislature liberty license statute licensed saloon liquor traffic means ment misery moral law natural right opinion pauperism police power preme Court principles private morals privilege prohibition proposition provisions public morals public nuisance purpose of government pursuit of happiness question reason regulate remonstrance restraint retail right to keep right to pursue rights of citizens rule safety sale of intoxicating saloon business saloon keeper saloon license secure sell intoxicating liquor Sopher South Carolina statement tion United States Constitution United States Supreme unlawful at common welfare writer wrong
Popular passages
Page 214 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Page 3 - They are slaves who fear to speak For the fallen and the weak; They are slaves who will not choose Hatred, scoffing, and abuse, Rather than in silence shrink From the truth they needs must think; They are slaves who dare not be In the right with two or three.
Page 59 - If slavery is right, all words, acts, laws, and constitutions against it are themselves wrong, and should be silenced and swept away. If it is right, we cannot justly object to its nationality— its universality; if it is wrong, they cannot justly insist upon its extension— its enlargement.
Page 295 - God give us men! A time like this demands Strong minds, great hearts, true faith, and ready hands. Men whom the lust of office does not kill; Men whom the spoils of office cannot buy; Men who possess opinions and a will; Men who have honor; men who will not lie...
Page 26 - It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent, and by the decision of the supreme court. To this conclusion, I cannot assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power, except where the acquiescence of the people and the states can be considered as well settled.
Page 244 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 126 - The police of a State, in a comprehensive sense, embraces its whole system of internal regulation, by which the State seeks, not only to preserve the public order, and to prevent offenses against the State, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights...
Page 224 - Municipal law, thus understood, is properly defined to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 152 - That government," says Story, "can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
Page 187 - And what a noble ally this to the cause of political freedom; with such an aid its march cannot fail to be on and on, till every son of earth shall drink in rich fruition the sorrow-quenching draughts of perfect liberty.