City planning -- Illinois -- Chicago -- History -- 20th century
While, therefore, in every civilized country the makers of laws strive
to protect private property and private rights from spoliation and
abuse, it remains true that extensive municipal and governmental works
are more quickly and easily executed in those parts of the world where
the legislative authorities have a free hand than they can be under
a system of rigid constitutional restraints. Those vast projects
which have created the modern city of Paris and are transforming
London and many continental cities would necessarily follow different
channels in this country; yet there is every reason to believe that
the constitutional limitations which here determine the form of public
improvements do not really prohibit any measures that in this country
would be considered wise. It will be found that the restraints of the
fundamental law under which we live do not forbid any of the steps
recommended in the proposed Plan of Chicago, although in many important
respects they do fix and control the manner in which, and the means
by which, these steps can be taken. The state, and its agent, the
municipal corporation, are fully empowered to protect and to promote
the public welfare, and for that purpose have been vested with the
three great functions of government known as the police power, the
power of eminent domain, and the power of taxation, in one or another
of which will be found adequate authority for the accomplishment of the
Plan.
The police power has been characterized by the Supreme Court of
Illinois as “that inherent plenary power in the state which permits
it to prohibit all things hurtful to the comfort, welfare and safety
of society.”[32] Avoiding too rigid an exactness of definition, the
courts have described it in terms which are said to be summed up in the
statement that “the police power, in its broadest acceptation, means
the general power of a government to preserve and promote the public
welfare by prohibiting all things hurtful to the comfort, safety and
welfare of society, and establishing such rules and regulations for the
conduct of all persons, and the use and management of all property,
as may be conducive to the public interest.”[33] It is only under the
police power that men can be required to submit to the destruction or
appropriation of their property without monetary recompense for the
loss.[34]
Public-domain text, read in full here on John Shaqi.
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