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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. "
Atlantic Reporter - Page 394
1901
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 65

Alabama. Supreme Court - Law reports, digests, etc - 1881 - 768 pages
...remaining portions. 2. Statute portly 'niconntUutiunal, — When part of a statute is unconstitutional, "if that which remains is complete in itself, and capable...legislative intent, wholly independent of that which is rejected, it must be sustained." 3. Limitation of action ayainst railroad company, for injuries...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 167

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
...whether they are essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in...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...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 148

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 - 1907 - 792 pages
...eliminating objectionable provisions, leaving those which are not objectionable to stand. The rule is : " If, when the unconstitutional portion is stricken...which remains is complete in itself, and capable of 1907] WAYNE Co. ROAD COM'BS v. AUDITORS. 269 being executed in accordance with the apparent legislative...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 222

Illinois. Supreme Court - Law reports, digests, etc - 1907 - 712 pages
...rule which prevails as to statutes containing constitutional and unconstitutional provisions is, that if, when the unconstitutional portion is stricken...is complete in itself and capable of being executed with the apparent legislative intent, wholly independent of that which is rejected, the remaining constitutional...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken...complete in itself, and capable of being executed wholly independent of that which was rejected, it must be sustained. The difficulty is in determining...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...general purpose. The rule is thus stated: "Where the unconstitutional portions are stricken out and that which remains is complete in itself and capable...in accordance with the apparent legislative intent, it must be sustained." 26 Am. & Eng. Enc. LOWERY v. SCHOOL TRUSTEES. (2 Ed.), 570, in which a large...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1871 - 846 pages
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.2 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...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 8

Nevada. Supreme Court - Law reports, digests, etc - 1873 - 436 pages
...22 Cal. 386. The true test of the constitutionality of such laws is thus expressed by Judge Cooley: "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." Applying these rules to the act...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1874 - 904 pages
...Boston, 4 Met. 288. 1 Commonwealth v. Ilitchings, 5 Gray, 485. See People v. Briggs, 50 NY 566. stance.i 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...
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The Central Law Journal, Volume 83

Law - 1916 - 502 pages
...invalid." 6 Am. and Eng. Encyc. Law, 1089. And : "When the unobjectionable portion is distinct and complete in itself and capable of being executed in...apparent legislative intent, wholly independent of that portion which is invalid, the former will be upheld." Ibid. 1088. It seems very difficult indeed to...
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