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
| Abraham Clark Freeman - 1903 - 1072 páginas
...whether they a.re essentially and inseparably connected in substance. If, when the unconistitutional portion is stricken out, that which remains is complete...legislative intent, wholly independent of that which is rejected, it must be sustained." This quotation from Cooley's Constitutional Limitations is found... | |
| Idaho. Supreme Court - 1917 - 932 páginas
...section does rot render the whole act unconstitutional and void, as the remaining part of the act is capable of being executed in accordance with the apparent legislative intent wholly independent of that portion " In State v. Westerfield, 23 Nev. 468, 49 Pac. 119, it is held : "That though the last clause... | |
| 1904 - 1154 páginas
...work on Constitutional Limitations (6th 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... | |
| Jabez Gridley Sutherland - 1904 - 880 páginas
...independent proposition, the presumptions are generally against it, and it will not be sustained unless that which remains is complete in itself and capable of being executed in accordance 18 Christy v. Board of Supervisors, Wilcox v. Hemming, 58 Wis. 144, 39 Cal. 3. 159, 46 Am. Rep. 625.... | |
| 1904 - 1070 páginas
...cannot be separated and severed so as to he constitutional as to some and unconstitutional as to others. If, »when the unconstitutional portion is stricken out. that which remains is completein itself, and capable of being executed in accordance with the apparent legislative intent,... | |
| 1905 - 988 páginas
...sections is purely artificial; but whether they are essentially and inseparably connected in substance. If, when the unconstitutional portion is stricken...was rejected, it must be sustained." Cooley, Const. Lim. 5th ed. 212. The provisions of the statute under consideration as to natural persons and associations... | |
| Vermont. Supreme Court - 1905 - 562 páginas
...connected in substance. If the unconstitutional portion can be stricken out and that which remains be complete in itself and capable of being executed in...of that which was rejected, it must be sustained. Cooley's Const. Lim. 7 ed. 247; People v. Kcnney, 96 NY 294. The particular portion of the statute... | |
| New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1906 - 754 páginas
...if void, may be eliminated without affecting the valid provisions of the section. The rule is that if, when the unconstitutional portion is stricken...of that which was rejected, it must be sustained. People ex rel. Augerstein v. Kenney, 96 N". Y. 294, 303. Constitutional and unconstitutional provisions... | |
| California. Supreme Court - 1906 - 862 páginas
...sections is purely artificial — but whether they are essentially and inseparably connected in substance. If, when the unconstitutional portion is stricken...itself, and capable of being executed in accordance vrith the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.... | |
| 1906 - 1270 páginas
...addition to the penalty," and the conclusion reached that, "if the unconstitutional part of the statute is stricken out. that which remains Is complete In...of being executed in accordance with the apparent intent of the Legislature." We adhere to these views, and the Judgment of the court below is therefore... | |
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