People v. Wilson
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee county; the Hon. Frank L. Hooper, Judge, presiding. This was an action of debt commenced in the name of the People, for the use of the State Board of Health, against J. A. Wilson, before a justice of the peace in Kankakee county, for the violation of paragraph 12 of chapter 91, (Hurd’s Stat. 1909, p. 1474,) which reads as follows : “That any itinerant vendor of any drug, nostrum, ointment or appliance of any kind intended for the…
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Appeal from the Circuit Court of Kankakee county; the Hon. Frank L. Hooper, Judge, presiding. This was an action of debt commenced in the name of the People, for the use of the State Board of Health, against J. A. Wilson, before a justice of the peace in Kankakee county, for the violation of paragraph 12 of chapter 91, (Hurd’s Stat. 1909, p. 1474,) which reads as follows : “That any itinerant vendor of any drug, nostrum, ointment or appliance of any kind intended for the treatment of diseases or injury, who shall, by writing or printing, or any other method, profess to the public to cure or…
1Opinion of the CourtJustice Hand
It is first contended that paragraph 12 of the Medical and Surgery act is a valid police regulation. It is undoubtedly true that the legislature has the right, under the police power, to pass enactments for the benefit and protection of the public health, but it is equally well settled that the exercise of the police power is limited to such measures as are designed to promote the public health, the public morals, the public safety or the public welfare. When it can be seen from the provisions of a statute that it has no tendency to promote the public health, safety, morals or welfare, the…
2Cases cited9 opinions
- Noel v. PeopleIllinois Supreme Court · 1900
- City Council v. KellySupreme Court of Alabama · 1904
- City of Chicago v. NetcherIllinois Supreme Court · 1899
- City of Carrollton v. BazzetteIllinois Supreme Court · 1896
- Waters-Pierce Oil Co. v. Hot SpringsSupreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People Ex Rel. Barrett v. ThillensIllinois Supreme Court · 1948
- Metropolitan Trust Co. v. JonesIllinois Supreme Court · 1943
- J. R. Watkins Medical Co. v. HuntNebraska Supreme Court · 1920
- Riley v. Ayer & Lord Tie. Co.Mississippi Supreme Court · 1927
- State v. LogsdonSupreme Court of Iowa · 1933
8 more not listed; retrieve them via the Exa API.