telegraph poles are determined to be within the terms of a mortgage, they will belong to a corporation which has leased the entire corporate property from the receiver of the mortgaged property under foreclosure, and not to the mortgagee, such rentals having been retained by a third person, under bond to give them to said mortgagee, in case the decision upon the point whether they were within the terms of the mortgage was in his favor.26 Where a foreign corporation has gone into the hands of a receiver, appointed and residing in the State of its domicile and has property in another State, an action cannot be maintained for the sole purpose of obtaining the appointment therein of an ancillary receiver in the latter State. 27 If a street railway is confessedly unable to comply with the terms of the ordinance granting it street privileges and requiring it to pave all the tracks, and a loss of its franchises is threatened for that reason, a receiver may on the application of a mortgagee be appointed to take possession of its property for the purpose of preserving the same.28 26 Western Un. Teleg. Co. v. Boston Safe Dep. & T. Co., 87 Fed. 788. 27 Mahon v. Ongley Elec. Co., 156 N. Y. 196, 50 N. E. 805, revg. 24 N. Y. App. Div. 41, 48 N. Y. Supp. 967. 28 Union St. Ry. Co. v. Saginaw, 115 Mich. 300, 4 Det. L. News, 862, 73 N. W. 243. 387 Electric lighting - Submis- sion to electors 268a. Same subject. 269. Advertising and awarding electric lighting contract. Lowest bid - Highest bid - Electric lighting. 270. 271. Withholding and signing warrants Validating city. § 215. Police power defined. The term "police power" is capable of no exact definition. It is most comprehensive and far-reaching. Its exercise is calculated for the efficient protection, enjoyment of, and control over lives, property, public welfare, peace, health, safety, prosperity and morals, and it may protect the community against the injurious exercise by any citizen or natural or artificial person of his or its own rights. It also extends to matters necessarily connected with and affecting the same or dependent thereupon. There are no definite limitations upon the police power of a State. It is coextensive with the safeguards of public interests and the necessities of the case. It is subject only to rights ceded to the United States by the Constitution. It must be exercised, however, within constitutional limits, and it cannot encroach upon the powers of the Federal Government. The term "po lice power" is applicable not only to the State, but to local governmental subdivisions thereof. All property is subject thereto, public order is maintained by its exercise. The rights of citizens are secured, injury to private rights is prevented as well also as offenses against the State and a conflict of rights. Public intercourse is also promoted. It may be added, however, that there are numerous decisions wherein the police power is resorted to for no other purpose, apparently, than a legal inability to otherwise dispose of the cases, when no other legal or equitable reason for the decision can be colorably assigned. There are, nevertheless, limitations upon the general rules above noted.1 1 It is declared in the United States Supreme Court that there are no definite limitations upon the police power of a State, but it is coextensive with the safeguards of public interests and the necessities of the case. Canfield v. United States, 167 U. S. 518, 17 Sup. Ct. 864, 12 L. Ed. 260. So, again, the police power of the States is sub ject only to rights ceded to the United States by the Constitution. Prigg v. Pennsylvania, 16 Pet. (U. S.) 539. See Railroad Co. v. Husen, 95 U. S. 465. Mr. Justice Peckham, in considering a telegraph penalty statute, says: "The validity of the statute is based upon the general power of the State to enact such laws in relation to persons and property within its borders as may promote the public health and public morals and the general prosperity and safety of its inhabitants. This power is somewhat generally described as the police power of the State, a detailed definition of which has been said to be difficult, if not impossible, to give. However extensive the power may be, it cannot encroach upon the powers of the Federal Government in regard to rights granted or secured by the Federal Constitution." Western Un. Teleg. Co. v. James, 162 U. S. 650, 16 Sup. Ct. 934, 40 L. Ed. 1105, 6 Am. Elec. Cas. 858, 861. It has been declared to be the right to regulate the enjoyment of property, to maintain public order, to secure the rights of citizenship, and to prevent injury to private rights, and also that the power cannot be exercised within State limits by Congress. Western Un. Teleg. Co. v. Pendleton, 95 Ind. 12, 8 Am. & Eng. Corp. Cas. 56, 48 Am. Rep. 692, 1 Am. Elec. Cas. 632, 635, per Elliott, |