William R. Day

Name: New York ex rel. Lieberman v. Van De Carr — Opinion of the Court
Author: William R. Day

New York ex rel. Lieberman v. Van De Carr…

Summary

“New York ex rel. Lieberman v. Van De Carr — Opinion of the Court”, is a work by William R. Day. It explores elements such as permit, New York and regulation.

Quotes from New York ex rel. Lieberman v. Van De Carr… (William R. Day)

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ We have, then, an ordinance which, as construed in the highest court of the state, authorizes the exercise of a legal discretion in the granting or withholding of permits to transact a business which, unless controlled, may be highly dangerous to the health of the community, and no affirmative showing that the power has been exerted in so arbitrary and oppressive a manner as to deprive the appellant of his property or liberty without due process of law. ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ In such cases it is the settled doctrine of this court that no Federal right is invaded, and no authority exists for declaring a law unconstitutional, duly passed by the legislative aughority, and approved by the highest court of the state. Nor do we think there is force in the contention that the plaintiff in error has been denied the equal protection of the laws because of the allegation that the milk business is the only business dealing in foods which is thus regulated by the sanitary code. All milk dealers within the city are equally affected by the regulations of the sanitary code. ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ The right of the state to regulate certain occupations which may become unsafe or dangerous when unrestrained, in the exercise of the police power, with a view to protect the public health and welfare, has been so often and so recently before this court that it is only necessary to refer to some of the cases which sustain the proposition that the state has a right, by reasonable regulations, to protect the public health and safety. ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ The contention of counsel for plaintiff in error is not that a business so directly affecting the health of the inhabitants of the city as the furnishing of milk may not be the subject of regulation under the authority of the state, but that the court of appeals of New York has sustained this right of regulation to the extent of authorizing the board of health to exercise arbitrary power in the selection of those it may see fit to permit to sell milk under the section quoted ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ We do not so understand the decision of the highest court of New York. As we read it, the authority sustained is the grant of power to issue or withhold permits in the honest exercise of a reasonable discretion. ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ There is no presumption that the power will be arbitrarily exercised, and when it is shown to be thus exercised against the individual, under sanction of state authority, this court has not hesitated to interfere for his protection, when the case has come before it in such manner as to authorize the interference of a Federal court. ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ It is primarily for the state to select the kinds of business which shall be the subjects of regulation, and if the business affected is one which may be properly the subject of such legislation, it is no valid objection that similar regulations are not imposed upon other businesses of a different kind. ”

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Source: Wikisource

William R. Day, New York ex rel. Lieberman v. Van De Carr…

“ Rep. 1064; Gundling v. Chicago, 177 U.S. 183, 44 L. ed. 725, 20 Sup. Ct. Rep. 633; Noel v. People, 187 Ill. 587, 52 L. R. A. 287, 79 Am. St. Rep. 238, 58 N. E. 616; Dunham v. Rochester, 5 Cow. 462; Brooklyn v. ”

William R. Day

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