The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend. The Pacific Reporter - Page 701910Full view - About this book
| Arkansas. Supreme Court - Law reports, digests, etc - 1918 - 672 pages
...officers or administrative boards, but it is settled in this State that the Legislature may delegate "the power to determine some fact or state of things upon...law makes or intends to make its own action depend." Boyd v. Bryant, 35 Ark. 69. We think Act 96, 1913, is essentially an act for the better protection... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1020 pages
...legislative power to the plaintiff. Justice Agnew, in Locke's Appeal, 72 Pa. St. 491, 13 Am. Rep. 716, says: "The legislature cannot delegate its power to make...law makes or intends to make its own action depend. To deny this would be to stop the wheels of government." And it would seem that the establishment of... | |
| United States. Supreme Court - Law reports, digests, etc - 1892 - 770 pages
...to things future and impossible to fully know."*[_The proper distinction the court said was this : " The legislature cannot delegate its power to make...makes, or intends to make, its own action depend. To deny this would be to stop the wheels of government^ There are many things upon which wise and useful... | |
| United States. Supreme Court - Law reports, digests, etc - 1892 - 1132 pages
...or to things future and impossible to fully know." The proper dislinclion the court said was this: " The Legislature cannot delegate its power to make...things upon which the law makes, or intends to make, ils own action depend. To deny this would be to stop the wheels of government. There are many things... | |
| Ellis Paxson Oberholtzer - Referendum - 1893 - 240 pages
...while the Legislature could not delegate the legislative power, it could enact a law to delegate the power to determine some fact or state of things upon which the validity of the law may depend, which fact or state of things may be a vote of the people. Michigan... | |
| Law reports, digests, etc - 1894 - 956 pages
...except in respect to certain questions of local concern. Bradshate v. Lankfirrd, 73 Md. 428, 11: 582 34. The Legislature cannot delegate its power to make...makes, or intends to make, its own action depend. Port Royal Min. Co. v. Hagood, 30 SC 519, 3: 841 35. The question whether oysters may be taken by scoop... | |
| William John Tossell - Law reports, digests, etc - 1912 - 940 pages
...legislature has merely delegated the power to the commission, to ascertain and determine some fact or facts, "or state of things upon which the law makes, or intends to make, its own action depend." State v. Messenger, 63 Ohio St. 398, 402 [59 NB Rep. 105] ; Lock's Appeal, 72 Pa. St. 491. It has merely... | |
| Law reports, digests, etc - 1896 - 916 pages
...or to things future, or impossible to know ;" and it was said that the proper distinction is this: "The legislature cannot delegate its power to make...the law makes, or intends to make, its own action to depend." And accordingly the time when the act shall take effect may be made to depend upon the... | |
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