 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 291907Full view - About this book
 | 1900 - 1148 pages
...eminent jurist and law writer: "Where, therefore, a part of a statute is unconstitutional, that fact Hoc* 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... | |
 | Sir William Harrison Moore - 1902 - 500 pages
...unconstitutional portion affects the remainder. . . . Where a part of the 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 ... whether they are essentially and inseparably connected in substance." 1 The... | |
 | New York (State). Supreme Court. Appellate Division - 1902 - 780 pages
...at p. 195) the author says : " 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." And further upon page 196 : " And if they are so mutually connected with and dependent on each other,... | |
 | Michigan. Attorney General's Office, Michigan. Department of Attorney General - 1902 - 192 pages
...subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected in meaning that it cannot be presumed the Legislature would have passed the one without the other * * * * lf, when the unconstitutional portion is stricken out, that which remains is complete in itself,... | |
 | New York (State). Supreme Court. Appellate Division - 1902 - 746 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 of the purposes... | |
 | Thomas McIntyre Cooley, Victor Hugo Lane - 1903 - 1172 pages
...authorize the courts to declare the remainder void also, unless all the provisions are con- J. nccted in subject-matter, depending on each other, operating...legislature would have passed the one without the other.1 The constitutional and unconstitutional provisions may even be contained in the same section,... | |
 | Abraham Clark Freeman - 1903 - 1084 pages
...courts to declare Hie 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 501 and unconstitutional provisions may even be contained in the same section and... | |
 | Abraham Clark Freeman - 1903 - 1072 pages
...are connected in subject matter, depending on each other, operating together for the same pin pose, or otherwise so connected together in meaning that...legislature would have passed the one without the other. The constitutional 5O1 and unconstitutional provisions may even be contained in the same section and... | |
 | 1903 - 1116 pages
...Harris. 19 Nev. 222. Where part of a statute is void, and the residue во dependent and connected that it cannot be presumed the Legislature would have passed the one without the other, both are void. Burkholtz v. State, 16 Lea, 71: Ex parte Wells, 21 Fla. 280. Where, by rejecting the... | |
 | 1904 - 1114 pages
...uses the following language: "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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