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THE GREEN BAG

conscience, of a generous altruism in the law of both England and America, was for a later day. This was an age when the forms of modern industry were but evolving, of the Ricardian and laissez faire schools of social and political thought; the era which antedated the English factory laws, an age of slavery and of bonded servants. Even half a century later those who protested against the iniquities of the English factory and mining systems were branded as anar chists and as socialists. It was an age of personal as opposed to public rights, of a personal as opposed to a public conscience. In speaking of inspection laws Professor Freund, in his recent work on "Police Power" says, "The power of inspection is exercised as an incident to regulation for the prevention of disease, accident, and fraud. It operates almost exclusively on buildings and machinery or other apparatus, and on articles exposed for sale. The power of inspection is distinguished from the power of search; the latter is exercised to look for property which is concealed, the former to look at property which is exposed to public view if offered for sale, and in nearly all cases accessible without violation of privacy. Hence, inspection does not require affidavit, probable cause or judicial warrant. The right to inspect may be re served as a condition in granting a license." * These statements, except the last (and the truth of which will of course be everywhere conceded, provided that, the business is such that it can be properly licensed) are made ex cathedra and without the citation of authority. They are undoubtedly true where, no violation of privacy is involved; that is to say, where the goods are offered for sale from the public streets or in a public market. Whether they are true generally, however, is a serious question. It is one thing to say that certain goods shall not be sold without a license, and to provide that one of the conditions of the granting of 1 Freund Police Power, 42.

that license shall be the concession of the right of inspection. The right of inspection, too, may reasonably be conceded where the goods affected are offered for sale in a public street or in a public market. But where businesses are not licensed it is not so clear that goods offered for sale in privately owned stores or warehouses can be in spected under statutory authority merely, and it is much less clear that a factory can be entered without the consent of the pro prietor for the purpose of ascertaining the conduct of the same in relation to the goods manufactured, the proper guarding of the machinery used therein, the nature of the employees, and the precautions used for their comfort and safety. A store may possibly be deemed a public place, though even this may be seriously doubted. But is a factory or a mine? Are not the factory and the mine, and perhaps the unlicensed store, as essentially private places, castles, as were the homes of the past? When manufacturing was carried on almost ex clusively within the home, as was the case of the clothing industry at the time of the revolution, the right to enter without a a warrant would certainly have never been conceded, nor with a warrant, unless all the constitutional provisions as to descrip tion, oath, etc., had been complied with. This Professor Freund concedes, for in con tinuing the discussion he says: "The con stitutional aspect of inspection is, however, different where it extends to interior ar rangements of private houses or personal property kept therein in private custody. It appears that health officers often claim the right to enter private houses to inspect sanitary arrangements in some cases by express legal authority. So in Chicago the health commissioner is given the power to inspect the plumbing and other sanitary arrangements in all houses, while the power of the commissioner of buildings to enter buildings to verify the compliance with the building regulations does not extend to houses used as residences for one or two