 | United States. Congress. House - 1877 - 526 σελίδες
...justify such legislation, it actually did exist when the statute now under consideration was ]*sseil. For us the question is one of power, not of expediency....void because in excess of the legislative power of tho State, : but if it could, we must presume it did. Of the propriety of legislative interference... | |
 | David Rorer - 1884 - 996 σελίδες
...our purpose we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration...circumstances could exist to justify such a statute, then we nuy declare this one void, because in excess of the legislative po\ver of the state. But if it could,... | |
 | 1887 - 1086 σελίδες
...legislative as to valid judicial action." St. L»ui* v. Ferry Co. 11 Wall. 423 (78 US Ijk. 30, L. ed. 192). "The question is one of power, not of expediency ....in excess of the legislative power of the State." Mann v. Ittinoit, 94 US 132 (Bk. 34, L. ed. 87). The defendant, being a corporation created hy a law... | |
 | 1889 - 988 σελίδες
...legislative power, we cannot judicially condemn it. It was said by Chief Justice WAITE in Munn v. Illinois: "For us the question is one of power; not of expediency If no state of circumstances can justify such a statute, then we may declare this one void; but if it could, we must presume it... | |
 | 1894 - 1206 σελίδες
...exist which would justify such legislation, It actually did exist when the statute under cousideratlon was passed. For us the question is one of power, not...such a statute, then we may declare this one void; but, if it could, we must presume it did." In Peel Splint Coal Co. v. State (W. Va.) 15 S. Б. 1000,... | |
 | James Bradley Thayer - 1895 - 1214 σελίδες
...purposes we must assume that, if a state of facts could exist that would justify such legislation, . inter- L fere n ce within the scope of legislative power, the legislature is the exclusive judge. Neither... | |
 | Abraham Clark Freeman - 1903 - 1144 σελίδες
...certain statute, then we may declare this one void because in excess of the legislative power of this state; but if it could, we must presume it did. Of...propriety of legislative interference, within the scope of the legislative power, the legislature is the exclusive judge." This rule is very fully discussed and... | |
 | California. Supreme Court - 1903 - 866 σελίδες
...statute, then we may declare this one void because in excess of the legislative power of this state; biit if it could, we must presume it did. Of the propriety of legislative interference, within the scope of the legislative power, the legislature is the exclusive judge." This rule is very fully discussed and... | |
 | Abraham Clark Freeman - 1903 - 1132 σελίδες
...States court states the rule thus : "If no state of circumstances could exist to justify a certain statute, then we may declare this one void because in excess of the legislative power of this state; but if it could, we must presume it did. Of the propriety of legislative interference,... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1910 - 858 σελίδες
...under considState ». Barrett— 172 Ind. 169. eration was passed. For us, the question is one of 15. power, not of expediency. If no state of circumstances...power of the State. But if it could, we must presume that it did. Of the propriety of legislative interference within the scope of the legislative power,... | |
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For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of... 
