 The constitutional and unconstitutional provisions may even be contained in the same section, and yet be perfectly distinct and separable, so that the first may stand, though the last fall. The point is not whether they are contained in the same section;...  The South Western Reporter - Page 3981905Full 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 - Law reports, digests, etc - 1912 - 800 pages
...meaning that it cannot be presumed the legislature would have passed the one without the other. * * * The point is, not whether they are contained in the...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 - Law reports, digests, etc - 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 - Law reports, digests, etc - 1907 - 712 pages
...section and yet be perfectly distinct and separable, so that the first may stand though the last fal1. The point is not whether they are contained in the...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 - Law reports, digests, etc - 1862 - 660 pages
...even be contained in the same section, and yet be perfectly distinct and separable, so that the first may stand, though the last fall. The point is not...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1866 - 656 pages
...even be contained in the same section, and yet be perfectly distinct and separable, so that the first may stand though the last fall. The point is not whether...contained in the same section, for the distribution in sections is purely artificial, but whether they are essentially inseparable and NEW YORK GENERAL... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...even be tontained in the same section, and yet be perfectly distinct and separable, so that the first may stand though the last fall. The point is not whether...they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 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 - Constitutional law - 1874 - 904 pages
...even be contained in the same section, and yet be perfectly distinct and separable, so that the first may stand though the last fall. The point is not whether...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... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1874 - 470 pages
...even be contained in the same section, and yet be perfectly distinct and separable, so that the first may stand though the last fall. The point is not whether they are contained in the same section, * * * but whether they are essentially and inseparably connected in substance." Cooley's Con. Lim.,... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1874 - 468 pages
...even be contained in the same section, an i yet be perfectly distinct and separable, so that the first may stand though the last fall. The point is not whether they are contained in the same section, * * * but whether they are essentially and inseparably connected in substance." Cooley's Con. Lim.,... | |
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