Town of Lake View v. Rose Hill Cemetery Co.

Citations

• 70 Ill. 191

Syllabus

<p>1. Police powbk of State defined. The police power of the State is co-extensive with self-protection, and is not inaptly termed “the law of overruling necessity.” It is that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety and welfare of society. It may be exercised to control the use of property of corporations as well as of private individuals.</p> <p>2. Constitutiokal LAW—legislation, as to franchises which are publici juris. So far as franchises of a corporation are publici juris, the State may properly legislate touching them, and such legislation is not prohibited by that clause of the constitution of the United States which forbids the passage of laws impairing the obligation of contracts.</p> <p>3. police power, how far a political and, how far a judicial question. As a general proposition, it is the province of the law-making power to determine when the exigency exists calling into exercise the police power of the State, hut what are the subjects of its exercise, is clearly a judicial question.</p> <p>4. Same—police power subject to constitutional limitations. The exercise of this power is subject to constitutional limitations. It is essential that police regulations must have reference to the comfort, safety and welfare of society, and, when applied to corporations, they must not be in conflict with any of the provisions of their charters. Under the pretense of police regulations, a corporation can not be divested of any of the essential rights and privileges conferred by its charter.</p> <p>5. Same—cemetery not a nuisance per se. A cemetery is not a nuisance per se, and the subject of legislative prohibition. The legislature has the constitutional right to pass laws to regulate the interment of the dead, so as to prevent injury to the health of the community, and this in respect to a private corporation acting under a charter, as well as with individuals.</p> <p>6. Same—prohibiting use of gr