Cofman v. Ousterhous
North Dakota Supreme Court
Certiorari to review the action of the District Court in revoking a creamery license. Appeal from the District Court of Burleigh County, Honorable, W. L. Nuessle, Judge. Judgment for respondents. Petitioner appeals.
Read the full summary
Certiorari to review the action of the District Court in revoking a creamery license. Appeal from the District Court of Burleigh County, Honorable, W. L. Nuessle, Judge. Judgment for respondents. Petitioner appeals. Regulations and licenses under the police power of the state can only be exercised where it has a real substantial relation to the public health, public safety, and public morals, and unnecessary or unreasonable restrictions upon the use of private property should not be imposed. Only an imperative necessity should prompt or warrant the revocation of a license issued for a lawful…
1Dissent 1
Christianson, I.
(dissenting). I am unable to agree with the reasoning or the conclusion reached by my associates in'this case. And in view of the importance of the questions involved, I deem it my duty to indicate the reasons for my dissent. It should be noted at the outset that the object of the license statute involved in this action is regulation, and not revenue. The power to tax is exercised to raise revenue; the police power is exercised to promote the order, safety, health, morals, and general welfare of society." While the police power is not susceptible of exact definition or…
Also in this document: Dissent · Robinson.
2Cases cited20 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
15 more not listed; retrieve them via the Exa API.