 There is considerable authority for the statement that the Courts are not at liberty to declare an Act void because in their opinion it is opposed to a spirit supposed to pervade the constitution but not expressed in words.  Albany Law Journal - Page 4041873Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1884 - 754 pages
...the spirit of the constitution which is not even mentioned in the instrument,' " "nor are the courts at liberty to declare an act void, because in their...pervade the constitution, but not expressed in words." " ' It is difficult upon any general principles to limit the omnipotence of the sovereign legislative... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...body in the choice of which the people of Detroit have no voice. This argument VI. Nor are the courts at liberty to declare an act void, because in their...pervade the constitution, but not expressed in words. " When the fundamental law has not limited, either in terms or by necessary implication, the general... | |
 | Electronic journals - 1872 - 854 pages
...patriotism, and sense of justice of their representatives." And he adds on page 171 : " Nor are the courts at liberty to declare an act void because, in their...pervade the Constitution, but not expressed in words." Citing People v. Fisher, 24 Wend. 220 ; Cochran v. Van Surley, 20 Wend. 381 ; People v. Gallagher,... | |
 | Street-railroads - 1872 - 136 pages
...patriotism, and sense of justice of their representatives" ' And he adds on page 171 : "Nor are the courts at liberty to declare an act void, because, in their...pervade the constitution, but not expressed in words." Citing People v. Fisher, 24 Wend., 220, Cochran v.-Van Surlay, 20 Wend., 381 ; People \. Gallagher,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1873 - 802 pages
...patriotism and sense of justice of their representatives." And he adds on page 171: " Nor are the courts at liberty to declare an act void because, in their...pervade the constitution, but not expressed in words;" citing People v. Fisher, 24 Wend. 220; Cochran v. Van Surlay, 20 id. 381; People v. Gallagher, 4 Mich.... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1913 - 674 pages
...an act is not found to violate the express words of the constitution it cannot be declared void as opposed to a spirit supposed to pervade the constitution but not expressed in words. State, ex rel., v. Cincinnati, 19 Ohio, 178; Walker v. Cincinnati, 21 Ohio St., 14. In the light of... | |
 | Thomas McIntyre Cooley - Constitutional law - 1874 - 914 pages
...representation go together which requires that the body paying the tax shall [* 171] * VI. Nor are the courts at liberty to declare an act void, because in their...pervade the constitution, but not expressed in words. " When the fundamental law has not limited, either in terms or by necessary implication, the general... | |
 | Law - 1886 - 960 pages
...(Gil. 311.) Well-settled rules of construction forbid courts from assuming the liberty of declaring an act void because, in their opinion, it is opposed...pervade the constitution, but not expressed in words. In the language of Judge COOLEY: "The courts can enforce only those limitations which the constitution... | |
 | Law reports, digests, etc - 1901 - 1162 pages
...505, 613, 33 AU. 67. 33 Ij. RA 141. "Nor are the courts at liberty to declare an act void because, la their opinion, it is opposed to a spirit supposed...pervade the constitution, but not expressed In words. Where the fundamental law has not limited, either in terms or by necessary implication, the general... | |
 | Law reports, digests, etc - 1898 - 1150 pages
...629, 605, 33 Atl. 1076, 1096, where It Is said that "a special act Is not to be declared void because It Is opposed to a spirit supposed to pervade the constitution, but not made an operative part of It by express words, or necessary Implication; that Is, by fair construction."... | |
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