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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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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 730 pages
...Cocke, 9 Baxt. 429. It is only where the residue is so dependent upon and connected with the void part that it cannot be presumed the legislature would have passed the one without the other, that the whole statute is void. Neely v. State, 4 Baxt. 174, 185. The eleventh section of the act of...
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Atlantic Reporter, Volume 59

1905 - 1156 pages
...Is unconstitutional, that fact does not authorize courts to declare the remainder void also, uniese all the provisions are connected In subject-matter,...Legislature would have passed the one without the other. The valid and the Invalid provisions may even be In the same section, and yet be so distinct and separable...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 8

1886 - 982 pages
...enactment of the legislature, unless the obnoxious portion is so inseparably connected with the other that it cannot be presumed the legislature would have passed the one without the other. " It is trne, " said the supreme court of California in Lathrop v. Mills, 19 Cal., 513, "that the constitution...
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The Pacific Reporter, Volume 8

1886 - 948 pages
...enactment of the legislature, unless the obnoxious portion is so inseparably connected with the others that it cannot be presumed the legislature would have passed the one without the other. "It is true," said the supreme court of California, in Lathrop v. Mills, 19 Gal. 530, "that the constitution...
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Atlantic Reporter, Volume 16

1889 - 956 pages
...and it is only when all the provisions are so mutually connected with, and dependent on, each other that it cannot be presumed the legislature would have passed the one without the other that the invalidity of one of the provisions affect the validity of the entire act. Hanerstown v. Dechert,...
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The American Decisions: Containing All the Cases of General Value ..., Volume 61

1886 - 846 pages
...unless the provisions are so connected together in subject-matter, meaning, or purpose that it can not be presumed the legislature would have passed the one without the other:" People v. Впддя, 50 NY 553-565; Cooley, in his valuable contribution to constitutional learning,...
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The Southwestern Reporter, Volume 121

1909 - 1320 pages
...declare the remainder void also, unless all the provisions are connected In subject-matter, dependent on each other, operating together for the same purpose,...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 Southeastern Reporter, Volume 48

1905 - 1028 pages
...subject-matter, dependent upon each other, operating for the same purpose, and, In short, so interwoven, that it cannot be presumed the Legislature would have passed the one without the other. There is yet an additional reason showing that the circuit Judge was in error. The act of 1903 purports...
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The New York Supplement, Volume 100

1907 - 1210 pages
...(7th 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...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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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 138

Arkansas. Supreme Court - 1920 - 676 pages
...authorize the courts to declare the remainder void also, unless all the provisions are connected in the subject-matter, depending on each other, operating...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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