 | Alabama. Supreme Court - 1881 - 768 halaman
...fall." — Cooley's Const. Lim. 177-8 ; Com. v. Hitckings, 5 Gray, 485. The true test seems to be, "that "if, when the unconstitutional portion is stricken...legislative intent, wholly independent of that which was rejected, it must be sustained."— //>. 178. Applying these tests to the statute under consideration,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1912 - 800 halaman
...whether they are essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in...legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1907 - 792 halaman
...eliminating objectionable provisions, leaving those which are not objectionable to stand. The rule is : " If, when the unconstitutional portion is stricken...which remains is complete in itself, and capable of 1907] WAYNE Co. ROAD COM'BS v. AUDITORS. 269 being executed in accordance with the apparent legislative... | |
 | Thomas McIntyre Cooley - 1868 - 776 halaman
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken...complete in itself, and capable of being executed wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | North Carolina. Supreme Court - 1905 - 922 halaman
...general purpose. The rule is thus stated: "Where the unconstitutional portions are stricken out and that which remains is complete in itself and capable...in accordance with the apparent legislative intent, it must be sustained." 26 Am. & Eng. Enc. LOWERY v. SCHOOL TRUSTEES. (2 Ed.), 570, in which a large... | |
 | Thomas McIntyre Cooley - 1871 - 846 halaman
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken...legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts... | |
 | Nevada. Supreme Court - 1873 - 436 halaman
...22 Cal. 386. The true test of the constitutionality of such laws is thus expressed by Judge Cooley: "If, when the unconstitutional portion is stricken...is complete in itself and capable of being executed wholly independent of that which was rejected, it must be sustained." Applying these rules to the act... | |
 | Thomas McIntyre Cooley - 1874 - 904 halaman
...Boston, 4 Met. 288. 1 Commonwealth v. Ilitchings, 5 Gray, 485. See People v. Briggs, 50 NY 566. stance.i If, when the unconstitutional portion is stricken...legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts... | |
 | 1916 - 502 halaman
...invalid." 6 Am. and Eng. Encyc. Law, 1089. And : "When the unobjectionable portion is distinct and complete in itself and capable of being executed in...apparent legislative intent, wholly independent of that portion which is invalid, the former will be upheld." Ibid. 1088. It seems very difficult indeed to... | |
 | Michigan. Legislature - 1875 - 1074 halaman
...without the other." The question is " whether they are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out,...legislative intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's Const, Lim., p. 178. In my opinion,... | |
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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. 
