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" Ed.) p. 246, as follows: 'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating... "
The Northeastern Reporter - Page 29
1907
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 167

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
...others, which are unconstitutional. Where, therefore, a part of a statute is unconstitutional, that fact does not authorize the courts to declare the remainder...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...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 73

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 - 1890
...inseparably connected in substance. Where, therefore, a part of a statute is unconstitutional, that fact does not authorize the courts to declare the remainder...Legislature would have passed the one without the other. Cooley, Const. Lim. 177; Com. v. Hitchings, 5 Gray, 485; People v. Briggs, 50 NY 553. If the general...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 222

Illinois. Supreme Court - 1907
...courts to declare the remainder void also, unless all the provisions are connected in subject matter, depending on each other, operating together for the...distinct section from that which purported to increase the compensation of the State's attorney sufficiently indicates that the legislature would have passed...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 228

Illinois. Supreme Court - 1908
...courts to declare the remainder void also, unless all the provisions are connected in subject matter, depending on each other, operating together for the...legislature would have passed the one without the other. The constitutional and unconstitutional provisions may even be contained in the same section and yet...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 720 pages
...Petitioner, 16 Pick. 95; Commonwealth v. Hitchings, 5 Gray, 482 ; Comstatute is unconstitutional, that fact does not authorize the courts to declare the remainder...legislature would have passed the one without the other.1 The constitutional and unconstitutional provisions may even be tontained in the same section,...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1874 - 827 pages
...are unconstitutional.1 Where, therefore, a part of a * statute is unconstitutional, [* 178] that fact does not authorize the courts to declare the remainder...legislature would have passed the one without the other.2 The constitutional and unconstitutional provisions may even be contained in the same section,...
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A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - 1874 - 692 pages
...remainder void, unless the provisions are so connected together in subject-matter, meaning, or purpose, that it cannot be presumed the Legislature would have passed the one without the other. And this rule applies as well where the forms observed are sufficient for some parts of the act, but...
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Joint Documents ... for the Year ..., Part 1

Michigan. Legislature - 1875
...courts to declare the remainder void also, unless all the provisions are connected in subject matter, depending on each other, operating together for the...cannot be presumed the Legislature would have passed tbe one without the other." The question is " whether they are inseparably connected in substance ;...
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Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 5

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876
...counsel, and which is no doubt correct, is " that where part of a statute is unconstitutional, that fact does not authorize the courts to declare the remainder...Legislature would have passed the one without the other." The constitutional and unconstitutional provisions may even be contained in the same section, and yet...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 17

1878
...full force." The general principle is that where a part of a statute is unconstitutional that fact does not authorize the courts to declare the remainder...legislature would have passed the one without the other. If a statute attempts to accomplish two or more objects and is void as to one it may still be in every...
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