by John Marshall Harlan

“ If that which is forbidden is not injurious to the health or morals of the people, if it does not disturb their peace or menace their safety, it derives no validity by calling it a police or health law. Whatever name it may receive, it is nothing less than an unwarranted interference with the rights and the liberties of the citizen. ”

“ If the argument of the respondent in support of the absolute power of the legislature to prohibit one branch of industry, for the purpose of protecting another with which it competes, can be sustained, why could not the oleomargarine manufacturers, should they obtain sufficient power to influence or control the legislative councils, prohibit the manufacture or sale of dairy products? ”

“ By 'liberty,' as thus used, is meant something more than freedom from physical restraint or imprisonment. It means freedom, not merely to go wherever one may choose, but to do such acts as he may judge best for his interest not inconsistent with the equal rights of others ”

“ Undoubtedly, this power of a state extends to all regulations affecting, not only the health, but the good order, morals, and safety of society; but a law does not necessarily fall under the class of police regulations because it is passed under the pretense of such regulation, as in this case, by a false title, purporting to protect the health, and prevent the adulteration of dairy products, and fraud in the sale thereof. ”

“ Whoever engages in the business of manufacturing or selling the prohibited product is guilty of a crime; the industry must be suppressed; those who could make a livelihood by it are deprived of that privilege; the capital invested in the business must be sacrificed ”

“ With the gift of life there necessarily goes to every one the right to do all such acts, and follow all such pursuits, not inconsistent with the equal rights of others, as may support life, and add to the happiness of its possessor. ”

“ If the legislation of the state thus sustained was oppressive and unjust, the remedy could be found only in subsequent legislation, brought about through the influence of wiser views and a more enlightened policy on the part of the people. From the structure of our dual government, in which the United States exercise only such powers as are expressly delegated to them by the constitution, or necessarily implied, all others not prohibited to the states being reserved to them, respectively, or to the people the great mass of matters of local interest were necessarily subject to state regulation ”

“ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law ”

“ Whether the manufacture of oleomargarine, or imitation butter, of the kind described in the statute, is or may be conducted in such a way, or with such skill and secrecy, as to baffle ordinary inspection, or whether it involves such danger to the public health as to require, for the protection of the people, the entire suppression of the business rather than its regulation in such manner as to permit the manufacture and sale of articles of that class that do not contain noxious ingredients, are questions of fact and of public policy which belong to the legislative department to determine. ”

“ In the recent prohibition cases from Kansas, this court, after stating that it belonged to the legislative department to determine primarily what measures are appropriate or needful for the protection of the public morals, the public health, or the public safety, added: 'It does not at all follow that every statute enacted ostensibly for the promotion of these ends is to be accepted as a legitimate exercise of the police powers of the state. There are, of necessity, limits beyond which legislation cannot rightfully go. ”

“ There are many oleaginous substances in the vegetable as well as the animal world besides milk and cream, but out of none of them shall any citizen of the United States within the limits of Pennsylvania be permitted to produce such an article of food for public consumption. ”

“ They are at liberty indeed, are under a solemn duty-to look at the substance of things whenee r they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.' Mugler v. ”

“ It is involved in the right to pursue one's happiness. This doctrine is happily expressed and illustrated in People v. Marx, cited above, where the precise question here was presented. That case arose upon an indictment for a violation of a provision of an act of the legislature of New York entitled 'An act to prevent deception in the sale of dairy products,' a section of which was almost identical in language with the first section of the act of the legislature of Pennsylvania under consideration. The defendant was convicted by the court of general sessions of New York. ”

“ Upon first impressions one would suppose that it would be a matter for congratulation on the part of the state that in the progress of science a means had been discovered by which a new article of food could be produced, equally healthy and nutritious with, and less expensive than, one already existing, and for which it could be used as a substitute. ”

“ The power which the legislature has to promote the general welfare is very great, and the discretion which that department of the government has, in the employment of means to that end, is very large. ”

“ While both its power and its discretion must be so exercised as not to impair the fundamental rights of life, liberty, and property, and while, according to the principles upon which our institutions rest. ”

“ As I said on a former occasion, it means that neither can be taken, or the enjoyment thereof impaired, except in the course of the regular administration of the law in the established tribunals. It has always been supposed to secure to every person the essential conditions for the pursuit of happiness, and is therefore not to be construed in a narrow or restricted sense. ”

“ I have supposed that the right to take all measures for the support of life, which are innocent in themselves, is an element of that freedom which every American citizen claims as his birthright. I admit that, previous to the adoption of the fourteenth amendment of the federal constitution, the validity of such legislation was to be determined by the constitution of the state, and that its tribunals were the authoritative ine rpreters of its meaning. ”

“ Only out of pure milk or cream shall that article be made, notwithstanding the vast means for its production furnished by the vegetable as well as by the animal kingdom. The full force of the doctrine asserted will be apparent if the extent is considered to which it may be applied. ”