If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it... Albany Law Journal - Page 271889Full view - About this book
| Ezra Parmalee Prentice, John Garret Egan - Constitutional law - 1898 - 474 pages
...the police power of the State has no real or substantial relation to the objects of that power, it is the duty of the courts to so adjudge and thereby give effect to the Constitution.1 The courts will not, however, inquire into the motives of legislators, except as they... | |
| Thomas McIntyre Cooley - Constitutional law - 1898 - 498 pages
...163 ; People v. Gillson, 109 NY 389 ; State v. Goodwill, 33 W. Va. 179; Ex parte Keeler, 45 SC 537. "If, therefore, a statute purporting to have been enacted to protect the public health. And yet what is the due process, that must be observed, is necessarily different under different circumstances.... | |
| Charles Fisk Beach - Antitrust law - 1898 - 842 pages
...prohib'tion upon State laws impairing the obligation of contracts does not restrict the power of the State to protect the public health, the public morals, or the public safety, as the one or the other may be involved in the execution of such contracts. Kights and privileges arising... | |
| Law reports, digests, etc - 1899 - 634 pages
...law." Will anyone seriously contend that the Legislature can establish "a source of crime or misery"? If, therefore, a statute purporting to have been enacted...the fundamental law, it is the duty of the Courts so to adjudge, and thereby give effect to the Constitution. Will anyone pretend that a statute creating... | |
| Law reports, digests, etc - 1899 - 932 pages
...be enacted by Congress or the state legislature contrary to these. What is wrong cannot be law. If a statute purporting to have been enacted to protect...the fundamental law, it is the duty of the courts so to adjudge, and thereby give effect to the Constitution. A statute creating a retail-liquor saloon... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1046 pages
...whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted...the fundamental law, it is the duty of the courts to BO adjudge, and thereby give effect to the constitution': Mugler v. Kansas, 123 TL S. 661. The keeping... | |
| Law reviews - 1892 - 272 pages
...things, whenever they enter upon the inquiry whether the legislation has transcended its authority. If, therefore, a statute purporting to have been enacted...or is a palpable invasion of rights secured by the 1 18 Wall. 129, 138. 8 Gibbons vs. Ogden, 9 Wheat. I ; NO Gas Co. vs. Louis. Light Co,, 115 US 650... | |
| Law reports, digests, etc - 1928 - 1612 pages
...set aside by the courts only when it plainly has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law. If 'it does not appear upon the face of the statute, or from any facts of which the court must take... | |
| Law reports, digests, etc - 1910 - 832 pages
...whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted...adjudge, and thereby give effect to the constitution.' . . . This power of the courts, however, to declare invalid what they may deem an unreasonable legislative... | |
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