 The point is not whether they are contained in the same section; for the distribution into sections is purely artificial ; but whether they are essentially and inseparably connected in substance.  The Ohio Nisi Prius Reports - Page 87by Ohio. Courts - 1909Full view - About this book
 | 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 pages
...legislature would have passed the one without the other. * * * The point is, not whether they are contained in the same section; for the distribution into sections...connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in itself, and capable of being executed in accordance... | |
 | 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 pages
...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 pages
...separable, so that the first may stand though the last fal1. The point is not whether they are contained in the same section, for the distribution into sections...purely artificial, but whether they are essentially and separably connected in substance. If, when the unconstitutional portion is stricken out, that which... | |
 | Massachusetts. Supreme Judicial Court - 1862 - 660 pages
...separable, so that the first may stand, though the last fall. The point is not whether they are contained in the same section, for the distribution into sections...essentially and inseparably connected in substance. As this defendant stands convicted only of one offence under the St. of 1855, c. 215, ยง 15, the only... | |
 | Thomas McIntyre Cooley - 1868 - 776 pages
...separable, so that the first may stand though the last fall. The point is not whether they are contained in the same section ; for the distribution into sections...they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in... | |
 | North Carolina. Supreme Court - 1905 - 922 pages
...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... | |
 | Nevada. Supreme Court - 1873 - 436 pages
...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 pages
...separable, so that the first may stand though the last fall. The point is not whether they are contained in the same section ; for the distribution into sections...they are essentially and inseparably connected in subso because it is either an assumption of power not legislative in its nature, or because it is inconsistent... | |
 | 1916 - 502 pages
...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... | |
 | Thomas McIntyre Cooley - 1874 - 914 pages
...that the first may stand though the last fall. The point is not whether they are contained in the game section ; for the distribution into sections is purely...they are essentially and inseparably connected in subso because it is either an assumption of power not legislative in its nature, or because it is inconsistent... | |
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