 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.  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 269by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper - 1907Full view - About this book
 | Alabama. Supreme Court - Law reports, digests, etc - 1881 - 768 pages
...part of a statute is unconstitutional, "if that winch remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which is rejected, it_nnist be sustained." Ib. 193." SUBSTITUTION OF LOST RECORDS. 1. Power of co'irt. —... | |
 | 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 - Law reports, digests, etc - 1912 - 800 pages
...the unconstitutional part is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative...being separated, within the meaning of this rule." Cooley's Constitutional Limitations (7th Ed.), pp. 246 and 247, notes and cases cited. The original... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1907 - 712 pages
...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 is rejected, it must be sustained. Cooley's Const. Lim. (7th ed.) 247; Stein v. Lceper, 78 Ala. 517;... | |
 | Law - 1916 - 502 pages
...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 very difficult indeed to... | |
 | Michigan. Legislature - Michigan - 1875 - 1074 pages
...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," if so it must be sustained, otherwise not. — Cooley's Const, Lim., p. 178. In my opinion, the clause... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1876 - 518 pages
...the unconstitutional portion is stricken out, that which remains is complete in itself and capable of being executed in accordance with the apparent legislative...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 - Law reports, digests, etc - 1904 - 598 pages
...the unconstitutional part 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 is rejected, it must be sustained." This doctrine has been repeatedly declared and followed by this... | |
 | Thomas McIntyre Cooley - Constitutional law - 1880 - 426 pages
...unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative...of that which was rejected, it must be sustained. But if the intent of the act is to accomplish a single purpose only, and some provisions are void,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 706 pages
...the unconstitutional part is stricken out, that which remains is complete in itself and capable of being executed in accordance with the apparent legislative...of that which was rejected, it must be sustained." 446; Commonwealth c. Hitchings, 5 Gray, 482; Commonwealth r. Pomcroy, id. 486; State v. Copeland, 3... | |
 | Electronic journals - 1883 - 710 pages
...the unconstitutional portion is stricken out, that which remains is complete in itself and capable of being executed in accordance with the apparent legislative...of that which was rejected, it must be sustained." (Principles of Cons. Law, 152.) We are therefore of the opinion that on the facts disclosed by the... | |
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