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
| Law reports, digests, etc - 1913 - 1154 pages
...unconstitutional portion are distinct and separable, the former not conditioned or dependent upon the latter and capable of being executed in accordance with the apparent legislative intent wholly independent of the latter. Newman v. People, 23 Colo. 300, 47 Рас. 278; С-, В. & QRR Co.... | |
| Law reports, digests, etc - 1901 - 1162 pages
...with them. Warren v. Mayor, etc., 2 Gray, 94. 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, Const Lim. (6th Ed.) 211.... | |
| Law reports, digests, etc - 1908 - 1156 pages
...100 Me. 180, GO Atl. 874, and cases cited. "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. Llm. 211. But... | |
| Law reports, digests, etc - 1912 - 1164 pages
...The test of the law Is conceded to be this: "If, when the unconstitutional portion is stricken out, that which remains Is complete In Itself, and capable of being executed In accordance with the legislative intent, wholly Independent of that which was rejected, It must be sustained." Cooley on... | |
| Law reports, digests, etc - 1905 - 1156 pages
...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 accordance with the apparent legislative Intent, wholly Independent of that which was rejected. It must be sustained. Cooley's Const Llm. (7th Ed.)... | |
| Law reports, digests, etc - 1899 - 1134 pages
...212), says: "If, when the unconstitutional part of a statute Is stricken out that which remains ta 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. The difficulty Is in determining... | |
| Law reports, digests, etc - 1905 - 1352 pages
...essentially and inseparably connected in substance. If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with tbe apparent legislative intent, wholly independent of that which was rejected, It must be sustained.... | |
| Law reports, digests, etc - 1907 - 1210 pages
...essentially and Inseparably connected In substance. 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." See, also, Lewis' Suth. Stat.... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1920 - 676 pages
...essentially and inseparably connected in substance. 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... | |
| |