State v. . Perley
Supreme Court of North Carolina
IktoictmeNt tried before Adams, J., and a jury, at April Term, 1917, of BtTNCOMBE. Defendants were indicted for a violation of Public Laws 1913, ch. 56, by cutting down timber on lands of another, and leaving thereon the tree-tops, boughs, laps, and other portions of timber not fit for commercial purposes within 400 feet of the boundary line of the watershed of the Asheville water-works plant owned by said city and used as a public supply for its citizens.
Read the full summary
IktoictmeNt tried before Adams, J., and a jury, at April Term, 1917, of BtTNCOMBE. Defendants were indicted for a violation of Public Laws 1913, ch. 56, by cutting down timber on lands of another, and leaving thereon the tree-tops, boughs, laps, and other portions of timber not fit for commercial purposes within 400 feet of the boundary line of the watershed of the Asheville water-works plant owned by said city and used as a public supply for its citizens. Defendants were duly notified, more than three months before indictment found, to remove the same, and failed and refused to do so. The…
1Opinion of the Court
WalkeR, J.,
after stating tbe ease: Tbe possession and enjoyment of all rights are subject to sucb reasonable conditions and regulations as may be deemed by tbe Legislature essential to tbe public welfare, and especially are tbey beld in subordination to tbe exercise of tbe police power, wbicb extends and relates to tbe preservation of tbe peace, good order, safety, bealtb, morals, convenience and comfort of tbe people. It is. not confined to tbe suppression of wbat is offensive, disorderly, or unsanitary, but embraces those rules and regulations designed to pro-' mote tbe public good and…
2Cases cited19 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Lochner v. New YorkSupreme Court of the United States · 1905
- Lawton v. SteeleSupreme Court of the United States · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hinton v. . State TreasurerSupreme Court of North Carolina · 1927
- Hartford Accident & Indemnity Co. v. IngramSupreme Court of North Carolina · 1976
- Reed v. Howerton Engineering Co.Supreme Court of North Carolina · 1924
- State v. . LattimoreSupreme Court of North Carolina · 1931
- Craft v. . Timber Co.Supreme Court of North Carolina · 1903
3 more not listed; retrieve them via the Exa API.