In the case of North American Cold Storage Company v. City of Chicago et al., 1908, the Supreme Court ruled in favor of the city's right to regulate public health and safety. The North American Cold Storage Company had challenged a Chicago ordinance that prohibited storage of poultry for more than twenty days, arguing it was an unreasonable restriction on commerce. However, the court upheld this regulation as a legitimate exercise of police power by local government to protect consumers from potential health risks associated with spoiled food. This decision affirmed municipalities' authority to enact regulations aimed at safeguarding public welfare even when such rules might impact business operations.

In the dissenting opinion for North American Cold Storage Company v. City of Chicago, Justice Harlan argued that the city's seizure and destruction of food deemed unfit for human consumption was a violation of due process rights under the Fourteenth Amendment. He contended that such action could only be justified if there were an immediate danger to public health, which he did not believe was present in this case. Furthermore, he stated that it is essential for property owners to have an opportunity to challenge such determinations before their goods are destroyed. In his view, without providing adequate notice or hearing prior to condemnation and destruction of property, the city had overstepped its authority and infringed upon constitutional protections against deprivation of property without due process.