 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1952 - 936 pages
...health, the public morals, or the public safety, has no real or substantial relation Opinion of the Court to those objects, or is a palpable invasion of rights...adjudge, and thereby give effect to the Constitution. In Thompson v. Consolidated Gas Utilities Corp., 300 US 55, the court held that a gas proration order... | |
 | Law - 1889 - 546 pages
...whenever they enter upon the inquiry whether the Legislature has transcended the limits of its anthority. If therefore a statute purporting to have been enacted...adjudge, and thereby give effect to the Constitution." Mugler v. Kansas, 123 US 623, 661. In Watertown v. Mayo the Supreme Court of Massachusetts, speaking... | |
 | R. H. Andrews - Medicine - 1899 - 422 pages
...relations to these effects, or is a palpable invasion of rights secured by the fundamental laws, it is the duty of the courts to so adjudge and thereby give effect to the Constitution." In the case of Dent vs. West Virginia the question to be decided by the Court was one of "due process... | |
 | Law reports, digests, etc - 1889 - 948 pages
...of the state. There are, of necessity, limits beyond which legislation cannot rightfully go. * * * The courts are not bound by mere forms, nor are they...adjudge, and thereby give effect to the constitution. * * * Undoubtedly the state, when providing, by legislation, for the protection of the public health,... | |
 | Law reports, digests, etc - 1889 - 1878 pages
...of the state. There are, of necessity, limits beyond which legislation cannot, rightfully go. * * * The courts are not bound by mere forms, nor are they...adjudge, and thereby give effect to the constitution. * * * Undoubtedly the state, when providing, by legislation, for the protection of the public health,... | |
 | Law reports, digests, etc - 1908 - 2268 pages
...lawmaking power, although there are limits beyond which Legislatures cannot rightfully go. It is said: "Courts are not bound by mere forms, nor are they...adjudge, and thereby give effect to the constitution." Mogier v. Kansas, 123 US 623-661, 8 Sup. Ct. 273, 31 L. Ed. 205. Other cases on the police power of... | |
 | Tennessee Bar Association - Bar associations - 1913 - 282 pages
...the State. There are, of necessity, limits beyond which legislation cannot rightfully go. **»****# If, therefore, a statute purporting to have been enacted...adjudge, and thereby give effect to the Constitution." In my opinion, under the fundamental law of the land, a Railroad may run its engines, and have them... | |
 | 1912 - 894 pages
...safety, has no real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental...adjudge, and thereby give effect to the constitution." This doctrine has also been declared in the case of Mugler v. Kansas (J23 US, 623) ; Minnesota v. Barber... | |
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The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty — indeed, are under a solemn duty — to look at the substance of things whenever they enter upon the inquiry whether the legislature has transcended... 
