 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
 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1044 pages
...PART.— If the unconstitutional porIon of an act can be stricken out, leaving that which remains comlete In itself, and capable of being executed in accordance with the apparent legislative Intent, wholly Independent of that which U rejected, It must be sustained. (Sinking Fund Commrs. v. George.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1054 pages
...the unconstitutional portion of an act can be stricken out, leaving that which remains complete la itself, and capable of being executed in accordance with the apparent legislative Intent, wholly Independent of that which Is refected. It must be sustained. (Sinking Fund Commrs. v. George,... | |
 | Michigan. Attorney General's Office, Michigan. Department of Attorney General - 1902 - 192 pages
...said act is unconstitutional beyond question. The balance of the act being independent of Section 10 is complete in itself and capable of being executed in accordance with the intent of the Legislature, and is therefore valid. The provisions of law in force prior to the passage... | |
 | David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - Law reports, digests, etc - 1903 - 720 pages
...Alderman of Charlestown, 2 Gray. (Mass.), 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 on Const. lam. (6th.... | |
 | Idaho. Supreme Court - Law reports, digests, etc - 1907 - 890 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 is rejected, it must be sustained." We recognize the principle there... | |
 | Labor - 1904 - 1154 pages
...Constitutional Limitations (6th ed. p. 211) in part says: "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 is rejected, it must be sustained." This doctrine has been repeatedly... | |
 | Jabez Gridley Sutherland - Law - 1904 - 880 pages
...independent proposition, the presumptions are generally against it, and it will not be sustained unless that which remains is complete in itself and capable of being executed in accordance 18 Christy v. Board of Supervisors, Wilcox v. Hemming, 58 Wis. 144, 39 Cal. 3. 159, 46 Am. Rep. 625.... | |
 | Law reports, digests, etc - 1904 - 1070 pages
...to others. If, »when the unconstitutional portion is stricken out. that which remains is completein itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it ¡luist be sustained. The difficulty is in determining... | |
 | Law reports, digests, etc - 1905 - 1024 pages
...impossible to suppose that the legislature would have pjissed the one without the other. After striking put the invalid part, if that which remains is complete...legislative intent, it must be retained, and this 138 1S93. 18» is so although the condemned portion is found iu the same section with the part retained.... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1905 - 562 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. Lim. 7 ed. 247;... | |
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