Legal Opinion

Bispham v. Mahony

Superior Court of Delaware

Decided November 13, 1934No. 77PublishedCited by 2 opinions

1Opinion of the Court

Layton, C. J.,

delivering the opinion of the Court:

If the legislation attacked by the demurrer is a ■ proper exercise of the police power of the State, the argument is at an end.

This power is incapable of that precise definition which may absolutely indicate its limits, but it may be said to be the power inherent in government to enact laws, within constitutional limits, to promote the order, safety, health, morals and general welfare of society. 12 C. J. 904. It is a plenary power in the State coextensive with self protection, and is as broad as the public welfare. As said by Chief Justice…

2Cases cited26 opinions

  1. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  2. Michigan Public Utilities Commission v. DukeSupreme Court of the United States · 1925
  3. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  4. Muller v. . McKessonNew York Court of Appeals · 1878
  5. St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897

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3Cited by2 opinions

  1. Pigage v. ChismSupreme Court of Arkansas · 1964
  2. Mikaelian v. WoyakCourt of Appeals of Wisconsin · 1984

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