Toledo, Wabash & Western Railway Co. v. City of Jacksonville

Citations

• 67 Ill. 37

Syllabus

<p>1. Constitutional law—raib'oads subject to police regulations. Railway corporations are subject to police regulations the same as private citizens. The legislature, when the public exigencies require it, has power to regulate corporations in the exercise of their franchises, so far as to provide for the public safety. The exercise of this right in no manner interferes with or impairs the powers conferred by their acts of incorporation.</p> <p>2. Under this power, it has been held that the legislature may require railroad corporations, notwithstanding no such right has been reserved in their charters, to fence their tracks, to put in cattle guards, to place upon their engines a bell, and to do many other things for the protection of life and property.</p> <p>3. Same—■police power of State can not be granted away. This police power is inherent in the State, and it can not part irrevocably with its control over that which is for the health, safety and welfare of society.</p> <p>4. Same—police regulations, when presenting judicial question. What are reasonable regulations, and what are subjects of police powers, must, necessarily, be judicial questions. The law-making power is the sole judge when the necessity exists, and when, if at all, it will exercise the right to enact such laws.</p> <p>5. Same—limitations upon exercise of police power. Like other powers of government, there are constitutional limitations to the exercise of the police power. The legislature can not, under the pretense of exercising this power, enact laws not necessary to the preservation of the health and safety of the community, that will be oppressive and burdensome upon the citizen. If it should prohibit that tvhich is harmless in itself, or command that to be done which does not tend to promote the health, safety or welfare of society, it would be an unauthorized exercise of power, and it would be the duty of the court to declare such legislation void.</p> <p>6. Police regulation—whether rea