 | Illinois. Supreme Court - Law reports, digests, etc - 1920 - 694 pages
...must require notice to them and give them the right to a hearing and an opportunity to be heard. * * * The constitutional validity of law is to be tested,...under it but by what may by its authority be done." The doctrine thus announced has been followed in many other cases. Coe v. Armour Fertilizer Works,... | |
 | Law reports, digests, etc - 1882 - 1904 pages
...corrections allowed by the general system of assessment. As is said in Stuart v. Palmer, 74 NY 183 : "It matters not upon the question of the constitutionality...under it, but by what may, by its authority, be done." Earl, J., 188. It may be that the tax assessed against the shareholders of complainant is no more onerous... | |
 | Law reports, digests, etc - 1882 - 1916 pages
...must require notice to them, and give them the right to a hearing, and an opportunity to be heard. It matters not, upon the question of the constitutionality...fairly apportioned. The constitutional validity of a law is to be tested, not by what has been done under it, but what may, by its authority, be done.... | |
 | Law reports, digests, etc - 1921 - 2116 pages
...impose a burden on that commerce. In Stuart v. Palmer, 74 NY 183, 188 (30 Am. Rep. 289) Earl, J., said : "The constitutional validity of law is to be tested,...under It, but by what may, by its authority, be done." In Montana Co. v. St. Louis Mining, etc., Co., 152 US 170, 14 Sup. Ct. 506, 38 L. Ed. 398, the Supreme... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1883 - 796 pages
...must require notice to them, and give them the right to a hearing, and an opportunity to be heard. It matters not, upon the question of the constitutionality...fairly apportioned. The constitutional validity of a law is to be tested, not by what has been done under it, but what may, by its authority, be done.... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1883 - 730 pages
...law must require a notice to them and give them a right to a hearing, and an opportunity to be heard. It matters not upon the question of the constitutionality...fairly apportioned. The constitutional validity of a law is to be tested, not by what has been done under it, but what may, by its aulliority, be do»e.... | |
 | Law reports, digests, etc - 1884 - 1002 pages
...notice to them, and give them the right to a hearing and an opportunity to be heard. It matters noc, upon the question of the constitutionality of such...to be tested, not by what has been done under it, hut by what may, by its authority, be done. The legislature may prescribe tinkind of notice, and the... | |
 | Law reports, digests, etc - 1884 - 938 pages
...just. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality is to be tested not by what has been done under it, but by what it authorizes to be done by virtue of its provisions. This is the doctrine of the following cases,... | |
 | Law reports, digests, etc - 1910 - 1168 pages
...constitutionality of such law, that the questions involved have been fairly decided. The essential validity of the law Is to be tested, not by what has been done under it, but what may by Its authority be done." Roller v. Holly, 176 US 398, 20 Sup. Ct 410, 44 L. Ed. 520; Bennett... | |
 | Law reports, digests, etc - 1884 - 980 pages
...invalid. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality ia to be tested not by what has been done under it, but by what is authorized to be done by virtue of its provisions. Error to district court of Arapahoe county. JH... | |
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The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done. 
