Territory v. McCandless

Citations

• 24 Haw. 485
• 1918 Haw. LEXIS 11

Syllabus

<p>War — authority of Congress to fix prices of foods.</p> <p>Congress possesses authority under the war-power conferred by the Constitution of the United States to enact laws regulating the prices of food and other commodities which may be helpful to the nation while engaged in war.</p> <p>Same — same.</p> <p>This authority to legislate is conferred upon Congress by those constitutional provisions which grant to it power to declare war, to raise and support armies, etc., and which is known as the war-power of Congress.</p> <p>Same — states and territories.</p> <p>The foregoing power is not enjoyed by the states and territories.</p> <p>States and Teeeitobies — authority to control private property and to fix prices.</p> <p>The states and territories may regulate common carriers, innkeepers, warehousemen, etc., whenever they enjoy extraordinary legal privileges or constitute a monopoly.</p> <p>Same — same—police power.</p> <p>The police power is broad in its scope but it is subject to the just limitation that it extends only to such measures as are reasonable in their application and which tend in some appreciable degree to promote, protect or conserve the public health, morals or safety or the general welfare.</p> <p>Constitutional Law — limitation upon the authority of the state to interfere with the privileges of the individual.</p> <p>It is unlawful to interfere with the privileges of the individual to seek and obtain such compensation as he can for his private property where he neither asks nor receives from the sovereign power any special right or immunity not given to or possessed by every other citizen and where he has not devoted his property to any public use so that the same becomes impressed with a public interest within the meaning of the law.</p> <p>Same — same—territorial statutes regulating the price of food.</p> <p>A territorial statute creating a commission clothed with authority to fix the price or prices at which food or foods shall be sold within