 | West Virginia. Supreme Court of Appeals - 1906 - 796 страници
...and yet be perfectly distinct and separable, so that the first may stand though the last fall. * * * 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." People v. Enope. 183 Ill. 410.... | |
 | 1906 - 1270 страници
...addition to the penalty," and the conclusion reached that, "if the unconstitutional part of the statute is stricken out. that which remains Is complete In...of being executed in accordance with the apparent intent of the Legislature." We adhere to these views, and the Judgment of the court below is therefore... | |
 | J. C. Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Jefferson Chinn, Walter G. Chapman, William Pope Duvall Bush, Finlay Ferguson Bush, R. G. Higdon, Thomas Robert.. McBeath - 1908 - 1286 страници
...eliminated. The penalty and interest can be stricken out and that which remains is complete within itself, and capable of being executed in accordance with the apparent legislative intent. Similar objections were urged in Hoke v. Commonwealth, 79 Ky., 567, and Muir's Adm'r v. City of Bardstown,... | |
 | Ohio. Courts - 1909 - 692 страници
...sections is purely artificial, but whether they are essentially and inseparably connected in substance. If when the unconstitutional portion is stricken out,...of that which was rejected, it must be sustained." (See, also, Treasurer v. Bank, 47 0. S., 504, and Bowles v. State, 37 OS, 35.) Applying this rule of... | |
 | Wisconsin. Attorney General's Office - 1910 - 944 страници
...portions. It is a well recognized rule that if when the unconstitutional portions of a statute are stricken out, that which remains is complete in itself...in accordance with the apparent legislative intent, the statute must be sustained. Am. & Eng. Ene. of Law, Vol. 26, p. 570 and cases cited in notes. The... | |
 | Colorado. Attorney-General's Office - 1910 - 438 страници
...act is void, the residue may be sustained provided it is complete in itself and capable of execution in accordance with the apparent legislative intent, wholly independent of that which was rejected; but, that if the residue of the act cannot sta.nd with the void part eliminated, then the whole act... | |
 | Missouri. Game and Fish Department - 1911 - 248 страници
...Constitutional Limitations (7th Ed.), page 247, the rule is more fully stated in the language following: "If, when the unconstitutional portion is stricken...of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts of the statute are capable of being... | |
 | Missouri. Supreme Court - 1911 - 938 страници
...Constitutional Limitations (7 Ed.), page 247, the rule is more fully stated in the language following: "If, when the unconstitutional portion is stricken...of that which was rejected, it must be sustained. The difficulty is in determining whether the good and bad parts of the statute are capable of being... | |
 | 1911 - 1314 страници
...Constitutional Limitations (7th Ed.) p. 247, the rule is more fully stated in the language following: "If, when the unconstitutional portion is stricken...wholly independent of that which was rejected, it mast be sustained. The difficulty is in determining whether the good and bad parts of the statute are... | |
 | South Dakota - 1911 - 648 страници
...title and the law, if, such subject being rejected, that which remains is a complete and sensible law. and capable of being executed in accordance with the apparent legislative intent. 6. It is not necessary, in order to make such rejection allowable, that the obnoxious subject or matters... | |
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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. 
