 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.  Southern Reporter - Page 3951894Full view - About this book
 | Alabama. Supreme Court - Law reports, digests, etc - 1881 - 768 pages
...remaining portions. 2. Statute portly 'niconntUutiunal, — When part of a statute is unconstitutional, "if that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which is rejected, it must be sustained." 3. Limitation of action ayainst... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1912 - 800 pages
...essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...general purpose. The rule is thus stated: "Where the unconstitutional portions are stricken out and that which remains is complete in itself and capable...accordance with the apparent legislative intent, it must be sustained." 26 Am. & Eng. Enc. LOWERY v. SCHOOL TRUSTEES. (2 Ed.), 570, in which a large number of... | |
 | Thomas McIntyre Cooley - Constitutional law - 1871 - 846 pages
...essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1873 - 436 pages
...STATUTE GOOD IN PART AND BAD IN PART. If, when an unconstitutional portion of a statute is stricken out, that which remains is complete in itself and capable of being executed wholly independent of that which was rejected, it must be sustained. Evans v. Job, 322. 9. DOCTRINE... | |
 | Thomas McIntyre Cooley - Constitutional law - 1874 - 904 pages
...485. See People v. Briggs, 50 NY 566. stance.i If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | Law - 1916 - 502 pages
...invalid." 6 Am. and Eng. Encyc. Law, 1089. And : "When the unobjectionable portion is distinct and complete in itself and capable of being executed in accordance with the apparent legislative intent, wholly independent of that portion which is invalid, the former will be upheld." Ibid. 1088. It seems... | |
 | Michigan. Legislature - Michigan - 1875 - 1074 pages
...are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1876 - 518 pages
...Slaughter-House Cases, 16 Wall. 767; 18 Wall. 138-9.) If when the unconstitutional portion is stricken out, that which remains is complete in itself and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. (Cooley's Const. Lim. 176; LatJn-op... | |
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