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 - Página 331917Visualização integral - Acerca deste livro
| 1921 - 2116 páginas
...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 páginas
...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 páginas
...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 páginas
...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 páginas
...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 páginas
...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.... | |
| 1910 - 710 páginas
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| Westel Woodbury Willoughby - 1910 - 728 páginas
...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 páginas
...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... | |
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