 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1026 pages
...look at the substance of things, whenever they enter upon the inquiry whether the legislature has 4BO transcended the limits of its authority. If, therefore,...adjudge, and thereby give effect to the constitution." Accepting this statement of the rights and duties of the respective departments, we are brought to... | |
 | Idaho. Supreme Court - Law reports, digests, etc - 1904 - 896 pages
...palpable invasion of rights secured by the fundamental law. Opinion of the Court — Quarles, CJ it is the duty of the courts to so adjudge, and thereby give effect to the constitution." (Ex parte Whitwell, 98 Cal. 73, 35 Am. St. Rep. 152, 32 Pac. 871 ; State v. Speyer, 67 Vt. 502, 48... | |
 | Law reports, digests, etc - 1904 - 1062 pages
...been passed. 'To what purpose,' it was said in ilarbury v. Madison, 1 Cranch, 137-176, 2 L. ed. 60-73, 'are powers limited, and to what purpose is that limitation...adjudge, and thereby give effect to the Constitution." Accepting this statement of the rights and duties of the respective departments, we are brought to... | |
 | Law reports, digests, etc - 1904 - 1070 pages
...the limits of its authority. If. therefore, a statute purporting to have been enacted to protect tiic public health, the public morals, or the public safety...duty of the courts to so adjudge, and thereby give cfl'eet to the Constitution." Accepting this statement of the rights and duties of the respective departments,... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1919 - 890 pages
...is a palpable invasion of rights secured by Schmitt, Supt., v. FW Cook Brewing Co. — 187 Ind. 623. the fundamental law, it is the duty of the courts...adjudge, and thereby give effect to the Constitution." This court said, by Hadley, CJ, in Republic Iron & Steel Co. v. State (1902), 160 Ind. 379, at page... | |
 | Law reports, digests, etc - 1905 - 1074 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." Uugler v. Kansas, 123 US 623, 31 L. ed. 205, 8 Sup. Ct. Rep. 273. In Giozza v. Tientan, 148 US 657,... | |
 | Law reports, digests, etc - 1905 - 992 pages
...transcended the limits of its authority. If, therefore, a statute purporting to have been «nacted to protect the public health, the public morals, or...adjudge, and thereby give effect to the Constitution." To the same effect other courts have held. Watertown v. Mayo, Ш» Mass. 815, 12 Am. Rep. 694; Powell... | |
 | Electronic journals - 1905 - 836 pages
...health, the public morals, or the public safety has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the...adjudge and thereby give effect to the Constitution. In our opinion there is nothing in the legislation in question which suggests that it was enacted with... | |
 | Law reports, digests, etc - 1905 - 1014 pages
...protect the public health, the public morals, or the public safety has no real or substantial relations to those objects, or is a palpable invasion of rights...duty of the courts' to so adjudge, and thereby give efect to t7ie constitution." (Italics ours). See, also what wns •aid by our own court in the case... | |
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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... 
