 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 - 1894 - 922 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. . . . If a statute attempts to... | |
 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...that the one may stand though the other fall. 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. But if the intent of the Act is... | |
 | Washington State Bar Association - 1894 - 184 pages
...substance. If, when the un" constitutional portion is stricken out that which remains is " complete of itself, and capable of being executed in accord"ance with the apparent legislative intent, wholly independ1'ent of that which was rejected, it must be sustained." (1). The Supreme Court of the... | |
 | William John Tossell - Law reports, digests, etc - 1909 - 958 pages
...Miami Ry. v. Greene Co. (Comrs.) 31 Ohio St. 338, 444. When the unconstitutional part is stricken out, if 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. (7 ed.) 247.... | |
 | John Lewis - Corporation law - 1895 - 826 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. * * * If a statute attempts to... | |
 | Illinois. Dept. of Factory Inspection - Factory inspection - 1895 - 202 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... | |
 | Law reports, digests, etc - 1891 - 1120 pages
...212, 213 (5th ed.), thus lays down the rule: "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. * * * But if its purpose is to... | |
 | Nevada. Legislature - 1897 - 814 pages
...prevent trout being taken contrary to the directions of section 1; but without them there remains an Act complete in itself, and capable of being executed...in accordance with the apparent legislative intent. This being so, the courts are required to sustain that part of the law against which the constitutional... | |
 | Law reports, digests, etc - 1897 - 936 pages
...docs not defeat the whole act where, when the unconstitutional portion of the statute is stricken out. that which remains is complete in itself, and capable of being executed in substantial accordance with the apparent legislative intent. People, Fowler, v. Bull, 46 NY 57, 69,... | |
 | Thomas Johnson Michie - Municipal corporations - 1900 - 814 pages
...Limitations (pages 211, 212), says: "If, when the unconstitutional part of a statute 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... | |
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