 | Alabama. Supreme Court - 1881 - 768 sider
...remaining portions. 2. Statute portly 'niconntUutiunal, — When part of a statute is unconstitutional, "if that which remains is complete in itself, and capable...legislative intent, wholly independent of that which is rejected, it must be sustained." 3. Limitation of action ayainst railroad company, for injuries... | |
 | 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 sider
...leaving those which are not objectionable to stand. The rule is : " If, when the unconstitutional portion is stricken out, that 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 sider
...containing constitutional and unconstitutional provisions is, that if, when the unconstitutional portion is stricken out, that which remains is complete in itself and capable of being executed with the apparent legislative intent, wholly independent of that which is rejected, the remaining constitutional... | |
 | Thomas McIntyre Cooley - 1868 - 776 sider
...they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | North Carolina. Supreme Court - 1905 - 922 sider
...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 sider
...State v. Eobey, 312. 8. STATUTE GOOD IN PART AND BAD IN PART. If, when an unconstitutional portion of a statute is stricken out, that which remains is complete in itself and capable of being executed wholly independent of that which was rejected, it must be sustained. Evans v. Job, 322. 9. DOCTRINE... | |
 | 1916 - 502 sider
...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... | |
 | Michigan. Legislature - 1875 - 1074 sider
..." whether they are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out, that which remains is complete in...intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's Const, Lim., p. 178. In my opinion, the clause... | |
 | Nevada. Supreme Court - 1876 - 518 sider
...Wall. 180; Slaughter-House Cases, 16 Wall. 767; 18 Wall. 138-9.) If when the unconstitutional portion is stricken out, that which remains is complete in...of that which was rejected, it must be sustained. (Cooley's Const. Lim. 176; LatJn-op v. Mills, 19 Cal. 530; Slawson v. City of Eacine, 13 Wis. 404;... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 sider
...Cooley, in his work on Const. Lim. (6 Ed.), p. 211, in part says : "If when the unconstitutional part is stricken out, that which remains is complete in...legislative intent, wholly independent of that which is rejected, it must be sustained." This doctrine has been repeatedly declared and followed by this... | |
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If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. 
