Blacks Law - 4th Edition
REPUGNANT
LEX POSTERIOR DEROGAT PRIORI. A later
statute takes away the effect of a prior one. But
the later statute must either expressly repeal, or
be manifestly repugnant, to, the earlier one.
Broom, Max. 29; Mackeld. Rom. Law, § 7.
POLICE POWER. The power vested in a state
to establish laws and ordinances for the regulation
and enforcement of its police as above defined.
The power vested in the legislature to
make, ordain, and establish all manner of wholesome
and reasonable laws, statutes, and ordinances,
either with penalties or without, not repugnant
to the constitution, as they shall judge
to be for the good and welfare of the commonwealth,
and of the subjects of the same. Corn. v.
Alger, 7 Cush. (Mass.) 85. An authority conferred
by the American constitutional system upon
the individual states, through which they are
enabled to establish a special department of police;
adopt such regulations as tend to prevent
the commission of fraud, violence, or other offenses
against the state; aid in the arrest of criminals;
and secure generally the comfort, health,
and prosperity of the state, by preserving the
public order, preventing a conflict of rights in the
common intercourse of the citizens, and insuring
to each an uninterrupted enjoyment of all the
privileges conferred upon him by the laws of his
country. Lalor, Pol. Enc. s. v.
That inherent and plenary power in state over persons
and property which enables the people to prohibit all
things inimical to comfort, safety, health, and welfare of
society. Drysdale v. Prudden, 195 N.C. 722, 143 S.E. 530,
536.
It is true that the legislation which secures to all protection
in their rights, and the equal use and enjoyment of
their property, embraces an almost infinite variety of subjects.
Whatever affects the peace, good order, morals,
and health of the community comes within its scope; and
every one must use and enjoy his property subject to the
restrictions which such legislation imposes. What is
termed the "police power" of the state, which, from the
language often used respecting it, one would suppose to be
an undefined and irresponsible element in government, can
only interfere with the conduct of individuals in their intercourse
with each other, and in the use of their property,
so far as may be required to secure these objects. Munn
v. Illinois, 94 U.S. 145, 24 L.Ed. 77. For other definitions,
see Slaughterhouse Cases, 16 Wall. 62, 21 L.Ed. 394; Stone
v. Mississippi, 101 U.S. 818, 25 L.Ed. 1079; Thorpe v. Rutland
& B. R. Co., 27 Vt. 140, 62 Am.Dec. 625; People v.
Steele, 231 Ill. 340, 83 N.E. 236, 14 L.R.A.,N.S., 361, 121
Am.St.Rep. 321; In re Clark, 65 Conn. 17, 31 A. 522, 28
L.R.A. 242; Mathews v. Board of Education, 127 Mich. 530,
86 N.W. 1036, 54 L.R.A. 736; In re Main, 162 Okl. 65, 19
P.2d 153, 156.
REPUGNANT. That which is contrary to what
is stated before, or insensible. A repugnant condition
is void. Groenendyk v. Fowler, 204 Iowa,
598, 215 N.W. 718, 720.
LEX POSTERIOR DEROGAT PRIORI. A later
statute takes away the effect of a prior one. But
the later statute must either expressly repeal, or
be manifestly repugnant, to, the earlier one.
Broom, Max. 29; Mackeld. Rom. Law, § 7.
POLICE POWER. The power vested in a state
to establish laws and ordinances for the regulation
and enforcement of its police as above defined.
The power vested in the legislature to
make, ordain, and establish all manner of wholesome
and reasonable laws, statutes, and ordinances,
either with penalties or without, not repugnant
to the constitution, as they shall judge
to be for the good and welfare of the commonwealth,
and of the subjects of the same. Corn. v.
Alger, 7 Cush. (Mass.) 85. An authority conferred
by the American constitutional system upon
the individual states, through which they are
enabled to establish a special department of police;
adopt such regulations as tend to prevent
the commission of fraud, violence, or other offenses
against the state; aid in the arrest of criminals;
and secure generally the comfort, health,
and prosperity of the state, by preserving the
public order, preventing a conflict of rights in the
common intercourse of the citizens, and insuring
to each an uninterrupted enjoyment of all the
privileges conferred upon him by the laws of his
country. Lalor, Pol. Enc. s. v.
That inherent and plenary power in state over persons
and property which enables the people to prohibit all
things inimical to comfort, safety, health, and welfare of
society. Drysdale v. Prudden, 195 N.C. 722, 143 S.E. 530,
536.
It is true that the legislation which secures to all protection
in their rights, and the equal use and enjoyment of
their property, embraces an almost infinite variety of subjects.
Whatever affects the peace, good order, morals,
and health of the community comes within its scope; and
every one must use and enjoy his property subject to the
restrictions which such legislation imposes. What is
termed the "police power" of the state, which, from the
language often used respecting it, one would suppose to be
an undefined and irresponsible element in government, can
only interfere with the conduct of individuals in their intercourse
with each other, and in the use of their property,
so far as may be required to secure these objects. Munn
v. Illinois, 94 U.S. 145, 24 L.Ed. 77. For other definitions,
see Slaughterhouse Cases, 16 Wall. 62, 21 L.Ed. 394; Stone
v. Mississippi, 101 U.S. 818, 25 L.Ed. 1079; Thorpe v. Rutland
& B. R. Co., 27 Vt. 140, 62 Am.Dec. 625; People v.
Steele, 231 Ill. 340, 83 N.E. 236, 14 L.R.A.,N.S., 361, 121
Am.St.Rep. 321; In re Clark, 65 Conn. 17, 31 A. 522, 28
L.R.A. 242; Mathews v. Board of Education, 127 Mich. 530,
86 N.W. 1036, 54 L.R.A. 736; In re Main, 162 Okl. 65, 19
P.2d 153, 156.
REPUGNANT. That which is contrary to what
is stated before, or insensible. A repugnant condition
is void. Groenendyk v. Fowler, 204 Iowa,
598, 215 N.W. 718, 720.