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" The constitutional validity of a law is to be tested, not by what has been done under it, but by what may, by its authority, be done. "
Lawyers' Reports Annotated - Page 303
1891
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 291

Illinois. Supreme Court - Law reports, digests, etc - 1920 - 694 pages
...give them the right to a hearing and an opportunity to be heard. * * * The constitutional validity of law is to be tested, not by what has been done under it but by what may by its authority be done." The doctrine thus announced has been followed in many other cases. Coe v. Armour Fertilizer Works,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 9-10

Law reports, digests, etc - 1882 - 1904 pages
...such a law that the assessment has, in fact, been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done." Earl, J., 188. It may be that the tax assessed against the shareholders of complainant is no more onerous...
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The Pacific Reporter, Volume 3

Law reports, digests, etc - 1884 - 938 pages
...just. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality is to be tested not by what has been done under it, but by what it authorizes to be done by virtue of its provisions. This is the doctrine of the following cases,...
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The Pacific Reporter, Volume 3

Law reports, digests, etc - 1884 - 980 pages
...invalid. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality ia to be tested not by what has been done under it, but by what is authorized to be done by virtue of its provisions. Error to district court of Arapahoe county. JH...
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The Atlantic Reporter, Volume 106

Law reports, digests, etc - 1919 - 926 pages
...such a law, that the assessment has in fact been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may by Its authority be done," and the same tests must be applied to ordinances. Hagerstown v. B. & ORR Co., 107 Md. 178, 68 Atl....
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Atlantic Reporter, Volume 20

Law reports, digests, etc - 1891 - 1132 pages
...such a law, that the assessment has in fact been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may by its author* ity be done." Stuart v. Palmer, supra. But we do not admit that, had notice been given the...
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The Southern Reporter, Volume 48

Law reports, digests, etc - 1909 - 1152 pages
...law and of construction as are applicable thereto. The validity of the contract should be determined not by what has been done under it, but by what may be done under it, by what will be Its real tendency with reference to trade and monopoly when In full...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 125

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1888 - 766 pages
...such a law, that the assessment has in fact been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may by its authority be done. The legislature may prescribe the kind of notice, and the mode in which it shall be given, but it cannot...
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The New York Supplement, Volume 93

Law reports, digests, etc - 1905 - 1266 pages
...constitutionality of such law, that the questions involved have been fairly decided. The essential validity of the law is to be tested not by what has been done under it, but by what may by its authority be done. Stuart v. Palmer, supra ; Oilman v. Tucker, 128 NY 190, 200, 28 NE 1040, 13 LRA 304, 26 Am. St. Rep....
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The New York Supplement, Volume 89

Law reports, digests, etc - 1904 - 1246 pages
...assessment has In fact been fairly apportioned. The constitutional validity of law is to be decided, not by what has been done under it, but by what may by its authority be done. The Legislature may prescribe the kind of notice and the mode in which it shall be given, but it cannot...
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