Matter of Application of Stoltenberg
Before: Allen
Synopsis
Constitutional Law—Police Power—Regulation op Business.— Legitimate business, as well as those things which are nuisances per se, is subject to control under the police power when necessary for the preservation of the public health and welfare.
Id.—General Law—What Constitutes.—A law is general which applies to all of a class, where the classification is proper, and if the act imposes duties and obligations upon all persons who stand in the same relation to the law, its uniformity is established.
Id.—Tenement House Act—Conservation of Health—Protection from Fire.—The Tenement House Act (Stats. 1911, p. 860), regulating the construction of buildings intended for human habitation, and providing that such buildings shall not be occupied until the issuance of a certificate from the health department that the requirements of the act as to light, ventilation, and sanitation have been complied with, nor until the issuance by the building department of a certificate that the requirements respecting fire protection have been complied with, is not unconstitutional as class legislation, or as violating the uniformity requirement of the constitution, or as giving certain officials authority to determine questions relative to compliance with the law. The act is a proper exercise of the police power.
ALLEN, P. J.
Petitioner’s restraint arises from her arrest upon a charge of violating section 85 of what is known as the Tenement House Act. (Laws 1911, p. 860.) This section provides:
“No building hereafter constructed as or altered into a tenement house shall be occupied in whole or in part for human habitation until the issuance of a certificate by the health department, or other department by municipal ordinance designated for that purpose, that said building conforms in all respects to the requirements of this act relative to the light and ventilation and sanitation of tenement houses hereafter erected, nor until the issuance by the building department or other department by municipal ordinance designated for that purpose of a certificate that said building conforms in all respects to the requirements of this act relative to fire protection of tenement houses hereafter erected.”
There is no question presented as to the sufficiency of the affidavit of complaint, nor any matter involving a construction of such section, petitioner relying solely upon two propositions, namely: 1. That the act is an improper exercise of the police power; and 2. That it is in effect class legislation in
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that it improperly discriminates between petitioner and her property and other citizens and their property, both of whom are similarly situated before the law. Upon this application, therefore, we confine ourselves strictly to a discussion of these two propositions. This Tenement House Act possesses various features, some of which have reference to the manner of construction of houses designated as tenement houses, obviously to protect such houses and others in the vicinity thereof from ravages by fire. Another feature has in view sanitary conditions sought to be established through provisions affecting regulations to that end; this for the protection and preservation of the public health. Other provisions relate to lights, stairways, courts, etc., having in view the safety of those who may enter or occupy the same. Generally speaking, all of the provisions, conditions, and restrictions imposed by said act relate to matters affecting public health, safety, and the public welfare. The police power deriving its existence from the rule that the safety of the public is the supreme law, justifies legislation upon matters pertaining to the public welfare, the public health, or the public morals. (Cooley on Constitutional Limitations, -7th ed., see. 830.) Legitimate business, as well as those things which are nuisances
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