 | 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 страница
...whether they are essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in...of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts of the statute are capable of being... | |
 | 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 страница
...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... | |
 | Illinois. Supreme Court - 1907 - 712 страница
...The rule which prevails as to statutes containing constitutional and unconstitutional provisions is, that if, when the unconstitutional portion is stricken...is complete in itself and capable of being executed with the apparent legislative intent, wholly independent of that which is rejected, the remaining constitutional... | |
 | Illinois. Supreme Court - 1915 - 718 страница
...and yet be perfectly distinct and separable, so that the first may stand though the last fal1. * * * If when the unconstitutional portion is stricken out...is complete in itself and capable of being executed wholly independent of that which was rejected, it must be sustained." (Cooley's Const. Lim. 178.) Under... | |
 | Thomas McIntyre Cooley - 1868 - 776 страница
...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 страница
...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 страница
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken...of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts of the statute are capable of being... | |
 | Nevada. Supreme Court - 1873 - 436 страница
...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 страница
...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...of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts of the statute are capable of being... | |
 | 1916 - 502 страница
...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... | |
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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. 
