 | New Hampshire. Forestry 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... | |
 | Lawrence Boyd Evans - Constitutional law - 1898 - 702 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... | |
 | Arthur Jerome Eddy - Antitrust law - 1901 - 892 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. be conceded that it is a business in which the whole public has a direct and positive... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1903 - 1144 pages
...certain statute, then we may declare this one void because in excess of the legislative power of this state; but if it could, we must presume it did. Of...propriety of legislative interference, within the scope of the legislative power, the legislature is the exclusive judge." This rule is very fully discussed and... | |
 | California. Supreme Court - Law reports, digests, etc - 1903 - 866 pages
...statute, then we may declare this one void because in excess of the legislative power of this state; biit if it could, we must presume it did. Of the propriety of legislative interference, within the scope of the legislative power, the legislature is the exclusive judge." This rule is very fully discussed and... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1903 - 1132 pages
...States court states the rule thus : "If no state of circumstances could exist to justify a certain statute, then we may declare this one void because in excess of the legislative power of this state; but if it could, we must presume it did. Of the propriety of legislative interference,... | |
 | Edwin Charles Goddard - Bailments - 1904 - 780 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 exelusive judge. Neither is it a matter of any moment that no precedent can be found for a statute... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...on the language of the Supreme Court in Munn v. Illinois, 94 US 113, 24 L. Ed. 77, which declares: "If no state of circumstances could exist -to justify...the scope of legislative power, the Legislature is the exclusive judge." But, running current with this principle, and to be read with it, is one of equal... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1910 - 858 pages
...under considState ». Barrett— 172 Ind. 169. eration was passed. For us, the question is one of 15. power, not of expediency. If no state of circumstances...power of the State. But if it could, we must presume that it did. Of the propriety of legislative interference within the scope of the legislative power,... | |
 | State Bar Association of North Dakota - Bar associations - 1909 - 1020 pages
...and controlled the charges of terminal grain elevators, was under consideration. "The question on," the court said in its opinion, "is one of power, not...judge." Again and in 1888 in the case of Powell v. Pennsylvan'a, 18, in which the court sustained a state statute which absolutely forbade the manufacture... | |
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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... 
