 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.  Atlantic Reporter - Página 3941901Vista completa - Acerca de este libro
 | Michigan. Legislature - 1875 - 1074 páginas
...without the other." The question is " whether they are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out,...intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's Const, Lim., p. 178. In my opinion, the clause... | |
 | Nevada. Supreme Court - 1876 - 518 páginas
...12 Wall. 430; Paul v. Virginia, 8 Wall. 180; Slaughter-House Cases, 16 Wall. 767; 18 Wall. 138-9.) If when the unconstitutional portion is stricken out,...of that which was rejected, it must be sustained. (Cooley's Const. Lim. 176; LatJn-op v. Mills, 19 Cal. 530; Slawson v. City of Eacine, 13 Wis. 404;... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 páginas
...Cooley, in his work on Const. Lim. (6 Ed.), p. 211, in part says : "If when the unconstitutional part is stricken out, that which remains is complete in...legislative intent, wholly independent of that which is rejected, it must be sustained." This doctrine has been repeatedly declared and followed by this... | |
 | Thomas McIntyre Cooley - 1878 - 974 páginas
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.3 If, when the unconstitutional portion is stricken...itself, and capable of being executed in accordance I Commonwealth v. Clapp. 5 Gray, 100. See, to the same effect, Fisher c. McGirr, 1 Gray, 1 ; Warren... | |
 | Thomas McIntyre Cooley - 1878 - 1032 páginas
...sections is purely artificial; but whether they are essentially and inseparably connected in substance. 3 If, when the unconstitutional portion is stricken...itself, and capable of being executed in accordance 1 Commonwealth ». Clapp, 5 Gray, 100. See, to the same effect, Fisher t. McGirr, 1 Gray, 1; Warren... | |
 | Thomas McIntyre Cooley - 1880 - 426 páginas
...section, and yet be perfectly distinct and separable, so that the one may stand though the other fall.2 If, when the unconstitutional portion is stricken...of that which was rejected, it must be sustained. But if the intent of the act is to accomplish a single purpose only, and some provisions are void,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 706 páginas
...the Legislature would have passed the one without the other. ... If, where the unconstitutional part is stricken out, that which remains is complete in...of that which was rejected, it must be sustained." 446; Commonwealth c. Hitchings, 5 Gray, 482; Commonwealth r. Pomcroy, id. 486; State v. Copeland, 3... | |
 | 1883 - 710 páginas
...the other. If it could be for two years, we are unable to discover why it could not be for all time. "If when the unconstitutional portion is stricken...of that which was rejected, it must be sustained." (Principles of Cons. Law, 152.) We are therefore of the opinion that on the facts disclosed by the... | |
 | 1883 - 994 páginas
...sections are not so connected and dependent on each other but that that which would remain would be complete in itself and capable of being executed in accordance with the legislative intent, even if the provisions in the second section objected to were stricken out. Oooley,... | |
 | 1899 - 1206 páginas
...part had never been enacted. Mr. Cooley says (page 211): "If, when the unconstitutional portion le stricken out, that which remains Is complete In itself,...of that which was rejected, it must be sustained." See, also, People v. McCreery, 34 Oal. 433; Hale v. MeGettlgan, 114 Cal. 112, 45 Рас. 1049; People... | |
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