Harlan F. Stone

“ The objection which petitioners make to the storage of gasoline and kerosene in tanks buried underground is that through the effect of electrolysis and corrosion caused by acid in the soil, and the possible 'floating out' of the tanks, leaks are likely to occur, difficult to discover, by which the gasoline might penetrate through the earth into sewers, wells, and basements, contaminating the water and causing explosions. ”

“ Tanks of a capacity of 500 gallons or less, if used for the storage of crude oil, distillate, or fuel oil, and of less than 10 gallons, if used for the storage of gasoline, kerosene, or naphtha, are exempted from this requirement. Violation of the ordinance is punishable by a fine of $25 for each day of its continuance. Petitioners, who are dealers in petroleum products licensed under a former ordinance, have each for many years maintained within the city limits two tanks for the storage of gasoline and kerosene of approximately 12,000 gallone capacity each. ”

“ From this he drew the legal conclusion, adopted by the District Court, that the ordinance was so arbitrary and capricious as not to be a permissible exercise of the police power.
We need not labor the point, long settled, that, where legislative action is within the scope of the police power, fairly debatable questions as to its reasonableness, wisdom, and propriety are not for and determination of courts, but for that of the legislative body on which rests the duty and responsibility of decision. ”