 | Alabama. Supreme Court - 1881 - 768 страници
...Hitckings, 5 Gray, 485. The true test seems to be, "that "if, when the unconstitutional portion is stricken out, that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained."— //>. 178. Applying these tests... | |
 | 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 - 800 страници
...essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | Illinois. Supreme Court - 1907 - 712 страници
...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 страници
...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 страници
...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... | |
 | Thomas McIntyre Cooley - 1871 - 846 страници
...essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | Nevada. Supreme Court - 1873 - 436 страници
...of such laws is thus expressed by Judge Cooley: "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." Applying these rules to the act... | |
 | Thomas McIntyre Cooley - 1874 - 916 страници
...Gray, 485. See People P. Briggs, 50 NY 566. stance.1 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | 1916 - 502 страници
...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 accordance with the apparent legislative intent, wholly independent of that portion which is invalid, the former will be upheld." Ibid. 1088. It seems... | |
 | Michigan. Legislature - 1875 - 1074 страници
...they are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out, that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's... | |
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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. 
