POLICE PPWER. No adequate defini tion can be given of this subject, the courts usually deciding in each case as to its extent. In its general acceptation it means the power of a municipal government to preserve the wel fare of the public by prohibiting everything that is contrary to it, and demanding that which is best for its welfare and safety. The proper exercise of police power is merely to regulate the use and enjoyment of property by its owner; it is founded upon the duty of the State to aid in the protection of its citizens. Legislatures have jurisdiction of police power through a federal system of government, and it is dele gated by the State to the municipalities through out the State, and is exercisable only within its limits. Standard laws and the preservation of the public health are one of the most im portant duties of the police or State munici pality, and they have the right to enact such ordinances as may be required for this purpose — such, for example, as preventing the spread of contagious diseases, and, in some instances compelling vaccination, the killing of diseased cattle, the destruction of improper food prod ucts, compelling proper drainage, prohibiting smoking and expectorating where necessary and the regulation of burials. An important func tion of the police power is to provide safety for the public in regulating places of public amuse ment and meetings; compelling the erection of fire-escapes, providing for street lighting and to protect the public morals by prohibiting gambling, improper publications, cruelty to ani mals, prostitution and drunkenness. The mu
nicipalities' general welfare is another import ant function, for example: protection against fire, regulation of buildings and the erection of telephone and telegraph wires, the care of the insane and poor abatement of nuisances of all kinds and regulation and control of animals. The regulation of certain classes of business enterprises come within police power, for ex ample: theatres, markets, paint shops, ware houses and wharves, or any such business that if unrestricted may become injurious to the public welfare. Police power regulates the practice of law, medicine, surgery, also plumb ers and the business of insurance, banking, trust and railroad companies; it is also within their power to regulate the manufacture and sale of articles of food, the prevention of fraud and the hours of labor. The proper limitation of the police power is largely within the discre tion of the legislature, but the reasonableness and character of the regulations and whether or not they are consistent with the constitution and proper public policy, are questions for the courts to decide. Police power cannot be exer cised for the benefit of particular individuals, classes or for private purposes; it must not be arbitrary or unreasonable in infringing upon the personal rights of persons, and its main object must be for the public good. See POLICE.