Capitolo 57
that opinion of public would not sustain so rigid an administration of the
law. Any legislature could intervene, and a pressure was brought for being born
what the judges could not withstand; therefore, the Court produced,
declaring that whether to damage a contract pits, on the whole one, for the
public welfare, the Constitution as Marshall it interpreted him, you/he/she should be
suspended for the legislation that damaged him/it. They called
this suspension the operation of the "Police Power." It followed, as the
"The police Power" you/he/she could only enter operation to the discretion of the
You court that, therefore, inside the limits of the judicial discretion,
sequestration, however arbitrary and to whatever extension, it would follow. In
the energetic language of the Supreme court of Maine: "This duty and
consequent power has the priority every statute or exemptions of contract. The state
you/he/she cannot free some persons or stock companies from subjection to this power.
Entirely personal, as rights of ownership have to be contained subject to the
The police Power of the state."[22]
Once the Police's theory to Be able was established it became desirable
to define the limits of the judicial discretion, but that tried to be
impossible. You/he/she could not be determined in advance by abstract reasoning.
From now, as every cause rose, the judges could not follow rule but the
rule of common sense, and the Police Motorizes, you/he/she clearly translated in
The English, to the moment it came to mean anything, to the moment the judges
happened to think reasonable. Accordingly, they started to guess to the
motion of public opinion, as it strained to them through the mean of
their education and prejudices. They sometimes guessed right and
sometimes offends, and when they guessed badly them is thrown apart, as
dramatically appeared enough in the nervousness of temperance.
Above to around the middle one of the last century the legality of the liqueur
business you/he/she had been undisputed in the United States, and money you/he/she had been
freely invested as in him as in some other legitimate enterprise; but, as