 | Law - 1877 - 558 pages
...legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of...the scope of legislative power the legislature is the exclusive judge. Neither is it a matter of any moment that no preccib'ut can be found for a statute... | |
 | Illinois - 1877 - 182 pages
...legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of...the scope of legislative power the legislature is the exclusive judge. Neither is it a matter of any moment that no precedent can be found for a statute... | |
 | United States. Congress. House - United States - 1877 - 526 pages
...legislation, it actually did exist when the statute now under consideration was ]*sseil. For us the question is one of power, not of expediency. If no state of...void because in excess of the legislative power of tho State, : but if it could, we must presume it did. Of the propriety of legislative interference... | |
 | David Rorer - Railroad law - 1884 - 996 pages
...legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of...circumstances could exist to justify such a statute, then we nuy declare this one void, because in excess of the legislative po\ver of the state. But if it could,... | |
 | Law reports, digests, etc - 1893 - 1164 pages
...in Munn v. Illinois, 94 US 113, 132: "For us the question is oue of power, not of expediency. * * * Of the propriety of legislative interference within...the scope of legislative power, the legislature is the exclusive judge." In applying Mr. Justice SWAYNE'S rule still further, we fail to discover anything... | |
 | Law reports, digests, etc - 1887 - 1086 pages
...valid judicial action." St. L»ui* v. Ferry Co. 11 Wall. 423 (78 US Ijk. 30, L. ed. 192). "The question is one of power, not of expediency . If no state of...in excess of the legislative power of the State." Mann v. Ittinoit, 94 US 132 (Bk. 34, L. ed. 87). The defendant, being a corporation created hy a law... | |
 | Law reports, digests, etc - 1889 - 988 pages
...judicially condemn it. It was said by Chief Justice WAITE in Munn v. Illinois: "For us the question is one of power; not of expediency If no state of circumstances can justify such a statute, then we may declare this one void; but if it could, we must presume it... | |
 | New Hampshire. Forestry Commission - Forests and forestry - 1901 - 32 pages
...such exercise of its police power. In the leading case above cited, the court, by Waite, CJ, said: 'Of the propriety of legislative interference within...the scope of legislative power, the legislature is the exclusive judge. Neither is it a matter of any moment that no precedent can be found for a statute... | |
 | James Bradley Thayer - Constitutional law - 1895 - 1214 pages
...legislation, it actually did exist when the statute now under consideration was passed. For us the question .` . inter- L fere n ce within the scope of legislative power, the legislature is the exclusive judge. Neither... | |
 | New Hampshire. Forestry and Recreation Commission - Forests and forestry - 1897 - 40 pages
...such exercise of its police power. In the leading case above cited, the court, by Waite, CJ, said : " Of the propriety of legislative interference within...the scope of legislative power, the legislature is the exclusive judge. Neither is it a matter of any moment that no precedent can be found for a statute... | |
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For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of... 
