norml21 - Page 10

 222 Fo Supp. 320f 322 (D.C. Ore. 1963) and Reino v.M______________ntana
 M_neral Land Devel_opment Co.0 99 po 852_ 855, 38 Mont. 291
 (1909) o "Regulate" means generally "to prescribe the manner in
 which a thing may be conducted." Marshal________f 355 S.W.2d at
 882. Thusf the inclusion of "morals" in those areas does not
 mean that the state has the power to "regulate" the moral values
 of the people, but rather to protect each person's right to
 formulate and exercise his or her own moral values so long as
 they do not infringe on the right of other, s to do the same° "To
 sustain legislation under the _police powers' the operation of
 the law must in some degree tend to prevent offense or evil or
 preserve public health_ moralsf safety or welfare; it should
 appear that the means used are _easonabl_ necessary for
 accomplishment of the purpose and _ unduly_ op_]ressive /iRon
 indi_____iduals" _iqple v. Braun, 330 N.YoS.2d 397_ 941, 69 Misc.
 2d 682 (1972) (emphasis im original).
 It is significant also that the police power applies only to
 "public '' morals° "Public morals '_ have been defined as "the moral
 practices or modes of conduct pertaining to a whol_ communit_ -
 relating to the whole b_g______peoople." Bore_a Enterprisg__ Inc____
 v. Department of Alcoho!ic Beverag_e Contrail 84 Cal. Rptr° i13_
 123, 465 Po2d if 2 Cal. 3d 85 (1970) (emphasis added). It is
 clear that the use of the police power is to be limited to nub!ic
 practices and behavior and not to private, individual acts having
 I0