Joseph McKenna

“ It is to be remembered that we are dealing with one of the most essential powers of government,-one that is the least limitable. It may, indeed, seem harsh in its exercise, usually is on some individual, but the imperative necessity for its existence precludes any limitation upon it when not exerted arbitrarily. A vested interest cannot be asserted against it because of conditions once obtaining. ”

“ That there is no reason for the prohibition of the business; that its maintenance cannot be and is not in the nature of a nuisance as defined in § 3479 of the Civil Code of the state, and cannot be dangerous or detrimental to health or the morals or safety or peace or welfare or convenience of the people of the district or city.
That the business is so conducted as not to be in any way or degree a nuisance ”

“ To so hold would preclude development and fix a city forever in its primitive conditions. there must be progress, and if in its march private interests are in the way, they must yield to the good of the community. The logical result of petitioner's contention would seem to be that a city could not be formed or enlarged against the resistance of an occupant of the ground, and that if it grows at all it can only grow as the environment of the occupations that are usually banished to the purlieus.
The police power and to what extent it may be exerted we have recently illustrated in Reinman v. ”

“ There is a distinction between Reinman v. Little Rock and the case at bar. There a particular business was prohibited which was not affixed to or dependent upon its locality; it could be conducted elsewhere. ”