Hawthorn v. People

Citations

• 109 Ill. 302
• 1883 Ill. LEXIS 48

Syllabus

<p>1. Butter and cheese factories—constitutionality of the act of 1883. The act of June 18, 1883, requiring the operators of butter and cheese factories on the cooperative plan to give bonds, etc., is not in contravention of section 6, article 2, of the Bill of Bights, which declares that “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall be inviolate.” Such act is but a proper exercise of the police power of the State for the protection of persons intrusting their property to the manufacturer, from fraud and wrong.</p> <p>2. Constitutional law—legislative power—generally. The State, through the General Assembly, has supreme legislative power, except so far as it is limited by its constitution, or such as has been delegated to the general government, or its exercise has been limited by the Federal constitution.</p> <p>3. Same—police power of the State. The police power of the State, when exercised by the legislature in the passage of laws for the protection of life, liberty and property, or laws for the general welfare, has no limitations or restrictions, except such as are found in the constitution.</p> <p>4. Same—laws regulating and in restraint of trade. The fact that a law regulates trade or any business, or in some degree operates as a restraint on the same, does not render it obnoxious to any constitutional provision. The legislature, for the safety, .security and welfare of society, may control the acts of the governed even as to the time and manner of performing labor, and in the manner in which persons shall use their property, to prevent injury to others.</p> <p>5. Same—presumption in favor of validity of laws. Where a law is found upon the statute books, the presumption is that it conforms to the constitution, and that it is a valid enactment, and the courts will not hold it unconstitutional in case of doubt. To authorize the court to hold a law unconstitutional, its repugna