If the means employed, pursuant to the statute, have no real, substantial relation to a public object which government can accomplish; if the statutes are arbitrary and unreasonable and beyond the necessities of the case ; the courts will declare their... Survey - Page 5151909Full view - About this book
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1921 - 1108 pages
...accomplish, or aid in the accomplishment of some purpose, for which the Legislature may use the power. If the statutes are not of that kind, then their passage...the case; the courts will declare their invalidity." It is by this rule that the question whether the constitutional rights of the relator to its property... | |
| United States. Supreme Court - Law reports, digests, etc - 1909 - 632 pages
...tendency to accomplish, or aid in the accomplishment of, some purpose for which that power can be used; if the means employed, pursuant to the statute, have no real substantial relation to such purpose, or if the statute is arbitrary, unreasonable and beyond the necessities of the case,... | |
| United States. Congress. Senate. Committee on the District of Columbia - Art, Municipal - 1910 - 120 pages
...the legislature may use the power. If the statutes are not of that kind, then their passage can not be justified under that power. These principles have...the case; the courts will declare their invalidity. The following are a few of the many cases upon this subject: Mugler v. Kansas (123 US, 623, 661); Minnesota... | |
| Flavel Shurtleff, Frederick Law Olmsted - City planning - 1914 - 370 pages
...legislature may use the power. If the statutes are not of that kind, then their passage cannot be justif1ed under that power. These principles have been so frequently...validity and reasonableness of a discrimination or classif1cation in relation to limitations as to height of buildings in a large city, the matter of... | |
| Hannis Taylor - Administrative law - 1917 - 1038 pages
...power. If the statutes are not of that kind, then their passage cannot be justified under that power. If the means employed, pursuant to the statute, have...case, the courts will declare their invalidity. In delivering the opinion of the court, Mr. Justice Peckham said: "This court, in cases of this kind,... | |
| Maryland State Bar Association - 1921 - 286 pages
...circumstances the expenditure required is > unreasonable * * *" (Washington vs. Fairchild> supra) ; "if the statutes are arbitrary and unreasonable and...the case, the courts will declare their invalidity ' ' (Welch vs. Swasey, 214 US 104) . It is impossible to understand how the question of "unreasonableness"... | |
| Law reports, digests, etc - 1924 - 1064 pages
...372, 375; Ives v. South Buffalo R. Co., 201 NY 271, 91NE 431, 34 LRA (NS) 162, Ann. Cas. 1912B, 156. "If the means employed, pursuant to the statute, have...to a public object which government can accomplish, * * * the courts will declare their invalidity." Welch v. Swasey, 214 US 91, at page 105, 29 Sup. Ct.... | |
| United States. Congress. Senate. District of Columbia - 1925 - 696 pages
...under that power. If the means employed have no real substantial relation to a public object which the government can accomplish ; If the statutes are arbitrary...the case, the courts will declare their invalidity. Welch v. Swasey (214 US 91, 105). There is no such inherent difference in property in land from that... | |
| United States. Congress. Senate. Committee on the District of Columbia - Housing - 1925 - 676 pages
...under that power. If the means employed have no real substantial relation to a public object which the government can accomplish ; if the statutes are arbitrary...the case, the courts will declare their Invalidity. Welch v. Swasoy (214 US 91. 105). There Is no such inherent difference in property In land from that... | |
| Charles Wesley Tooke - Municipal corporations - 1926 - 1392 pages
...accomplish, or aid in the accomplishment of, some purpose for which the legislature may use the power. If the statutes are not of that kind, then their passage...the case, the courts will declare their invalidity. The following are a few of the many cases upon this subject ; Mugler v. Kansas, 1 23 US 623, 661, 31... | |
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