The cardinal principle of statutory construction is to save and not to destroy. We have repeatedly held that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to... The Constitutional Review - Pàgina 331917Visualització completa - Sobre aquest llibre
| 1921 - 2116 pàgines
...H. Co., 213 U. S. 366, 29 Sup. Ct: 527, 53 L. Ed. 836. Chief Justice White said: "It Is elementary when the constitutionality of a statute Is assailed,...will save the statute from constitutional infirmity. Knights Templars' & M. Life Indemnity Co. v. Jarman, 187 US 197, 205. And unless this role be considered... | |
| United States. Supreme Court - 1911 - 766 pàgines
...nature of the commodity involved, to-wit, lottery tickets. It is well settled that if a statute be susceptible of two interpretations, by one of which it would be unconstitutional or of doubtful constitutional validity, and by the other valid, the latter construction should be adopted.... | |
| 1920 - 1206 pàgines
...US 501, 533; Missouri, Kansas & Texas Ky. Co. v. Haber, 169 US 613, 623. Second. Where a statute is reasonably susceptible of two interpretations, by one of which it would be clearly constitutional and by the other of which its constitutionality would be doubtful, the former... | |
| 1915 - 1288 pàgines
...make it unconstitutional. It is well settled that if a statute is susceptible of two constructions, by one of which it would be unconstitutional and by the other valid, the latter construction should be adopted rather than the former. People ex rel. Nechamcus v. Warden,... | |
| United States. Supreme Court - 1909 - 554 pàgines
...which we propose to make in order to ascertain the meaning of the commodities clause. It is elementary when the constitutionality of a statute is assailed,...will save the statute from constitutional infirmity. Opinion of the Court. 213 TJ. S. Knights Templars Indemnity Co. v. Jarman, 187 US 197, 205. And unless... | |
| 1910 - 872 pàgines
...which we propose to make in order to ascertain the meaning of the commodities clause. It is elementary when the constitutionality of a statute is assailed,...will save the statute from constitutional infirmity. Knights Templars' & M. Life Indemnity Co. v. Jarman, 187 US 197, 205, 47 L. ed. 139, 145, 23 Sup. Ct.... | |
| Westel Woodbury Willoughby - 1910 - 728 pàgines
...statute valid as applied within the States.8 6 " It is elementary when tlie constitutionality of a state is assailed, if the statute be reasonably susceptible...will save the statute from constitutional infirmity. J Knights Templars Indemnity Co. v. Jarman (187 US 107; 23 Sup. Ct. Rep. 108; 47 L. ed. 139). And unless... | |
| Westel Woodbury Willoughby - 1910 - 1170 pàgines
...statute valid as applied within the States.8 «"It is elementary when the constitutionality of a state is assailed, if the statute be reasonably susceptible...by one of which it would be unconstitutional and by tbe other valid, it is our plain duty to adopt that construction which will save the statute from constitutional... | |
| United States. Supreme Court - 1911 - 768 pàgines
...nature of the commodity involved, to-wit, lottery tickets. It is well settled that if a statute be susceptible of two interpretations, by one of which it would be unconstitutional or of doubtful constitutional validity, and by the other valid, the latter construction should be adopted.... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1915 - 986 pàgines
...its business as a common carrier." The court, by the present Chief Justice, said: "It is elementary when the constitutionality of a statute is assailed,...which it would be unconstitutional and by the other va\id, it is our plain duty to adopt that construction which rill save the statute from constitutional... | |
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