 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 - 1889 - 912 pages
...have passed the one without the other. * * * If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...executed in accordance with the apparent legislative in tent, wholly independent of that which was rejected, it must be sustained." Cooley, Const. Lim.... | |
 | James F. Taylor - Law reports, digests, etc - 1889 - 920 pages
...this principle two tests are applied : First. If, when the unconstitutional portion is stricken out, that which remains is complete in itself and capable of being executed in accordance with legislative intent, wholly independent of that which was rejected, it must be sustained. Second. It... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1890 - 1014 pages
...from those of the other part. It is a rule that 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; and this rule is relied upon as... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1890 - 764 pages
...have passed the one without the other. * * * 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 is rejected, it must be sustained." The act in question, as it is... | |
 | United States. Department of the Treasury - Customs administration - 1891 - 836 pages
...unconstitutional. The test is thus formulated by Judge Cooley : "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." (Cooley's Const. Lim., 6th ed.,... | |
 | Jere Baxter - Law reports, digests, etc - 1891 - 562 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 he sustained. The difficulty is in determining... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1891 - 704 pages
...would have passed the one without the other. ... 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." The act in... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1893 - 616 pages
...attorney. Couceding it to ba so. and stri,ing it out as null an I void, tint which remtt us is still an act complete in itself, and capable of being executed...in accordance with the apparent legislative intent, wholly independent of that which is rejected. Being so distinct and separate, there is no reason to... | |
 | Law reports, digests, etc - 1894 - 918 pages
...remainder, unless the provisions are so interdependent that one cannot operate without the other, or are so related, in substance and object, that it is impossible...section with the part retained. In this case it was further held, in construing an act providing for the election of aldermen at large of the city of New... | |
 | Law reports, digests, etc - 1894 - 938 pages
...remainder, unless the provisions are so interdependent that one cannot operate without the other, or are so related, in substance and object, that it is impossible...legislative intent, it must be retained, and this 138 139 isso although the condemned portion is found in the game section with the part retained. In... | |
| |
