Chapter XVI: Conclusion

In conclusion, the police power is constantly being held to justify interference with the use of private property. The only limit to such interference is a judicial determination that a specific ordinance is not a reasonable means of protecting the safety, health, and morals of the community. It is for the legislative body to determine in the first instance the reasonableness of the means. It is a sound judicial principle, carried exceptionally far in the Missouri case cited on page 162, that courts will be slow to overthrow the determination of the legislature.

FOOTNOTES:

[128] See Appendix, p. 242.

[129] See pp. 146 ff. for further discussion of this law.

[130] House Bill No. 81, 12th Session. (The bill was not reached in committee.)

[131] For text of the acts, see Appendix, pp. 221, 223.

For text of the decisions, see Appendix, pp. 219, 226 ff.

[132] State _vs._ Berdetta, 73 Ind. 185.

[133] Affirmed in 194 N. Y. 19.

[134] Charter of City of Dallas, Sect. 5, Par. 12. Charter of Detroit, Chap. 7, Sect. 44. Charter of Portland, Ore., Art. 4, Sect. 73, Par. 27.

[135] Massachusetts Revised Laws, Chapter 75, Section 91.

[136] 161 Cal. 220.

[137] 163 Cal. 457.

[138] Also see Acts of Minnesota, 1913, Chaps. 98 and 420; Acts of New York, 1913, Chap. 774; Acts of Wisconsin, 1913. Chap. 743.

[139] For further references see Veiller, Lawrence: A Model Housing Law, pp. 62 ff. See also “Protecting Residential Districts,” a paper read by Lawrence Veiller at the Sixth National Conference on City Planning, Toronto, 1914.

[140] For cases see St. Louis _vs._ Hill, 116 Mo. 527. St. Louis _vs._ Dorr, 145 Mo. 466.

[141] Bostock _vs._ Sams, 95 Md. 400.

[142] Questini _vs._ Bay St. Louis, 64 Miss. 483.

[143] Freund, Ernst: The Police Power, p. 166. Chicago, Callaghan and Co., 1904.

[144] Appendix, p. 246.

[145] St. Louis Gunning Advertising Co. _vs._ St. Louis.

[146] For text see Appendix, p. 219.