A Selection of Cases On Constitutional Law volume 3
A Selection of Cases On Constitutional Law volume 3
Eugene Wambaugh
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Beer Co. V. Massachusetts, 97 U. S. 25, 32; Commonwealth v. Alger, 7 Cush. 53. . . . The present case must be governed by principles that do not involve the power of eminent domain, in the exercise of which prop- erty may not be taken for public use without compensation. A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropri...ation of property for the public benefit. Such legislation does not disturb the owner in the control or use of his property for lawful purposes, nor restrict his right to dispose of it, but is only a declaration by the State that its use by any one, for certain forbidden purposes, is prejudicial to the public interests. Nor can legislation of that character come within the Fourteenth Amendment, in any case, unless it is apparent that its real object is not to protect the community, or to promote the general well- being, but, under the guise of police regulation, to deprive the owner of his liberty and property, without due process of -law.
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