If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no roal or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it... Harvard Law Review - Page 411914Full view - About this book
| Labor - 1905 - 1316 pages
...general welfare exists only "when that which the legislature has done comes within the rule that, if a statute purporting to have been enacted to protect...real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law. " If there... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1905 - 1224 pages
...general welfare, it can only be when that which the legislature has done comes within the rule that, if a statute purporting to have been enacted to protect...real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law, it is the... | |
| Law reports, digests, etc - 1905 - 976 pages
...be enacted by Congress or the state legislature contrary to these. What is wrong cannot be law. If a statute purporting to have been enacted to protect...real or substantial relation to those objects, or ia a palpable invasion of rights secured by the fundamental law, it is the duty of the courts so to... | |
| Law reports, digests, etc - 1905 - 1018 pages
...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...legislature has transcended the limits of its authority." From whatever point of view we consider the imprisonment of the plaintiff, it was in "due course of... | |
| Electronic journals - 1905 - 836 pages
...opinion by Mr. Justice Harlan, in which he says: " The well-settled rule is that if a statute'purporting to have been enacted to protect the public health,...safety has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the... | |
| Law reports, digests, etc - 1905 - 1014 pages
...bound by mere forms, nor are they to be milled by mere pretenses. They are at liberty — indeed, are under a solemn duty — to look at the substance of...they enter upon the inquiry whether the legislature hoe transcended the limits of its authonty. If, therefore, a statute purporting to have been enacted... | |
| Howard Strickland Abbott - Corporation law - 1905 - 996 pages
...by mere forms, nor are they to 'be misled by mere pretenses. They are at liberty — indeed they are under a solemn duty — to look at the substance of...they enter upon the inquiry whether the legislature had transcended the limits of its authority. If, therefore, a statute purporting to have been enacted... | |
| Law reports, digests, etc - 1905 - 980 pages
...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 wheth42 LRA er the legislature has transcended the limit» of its authority." Mugler v. Kansas, 123... | |
| Law reports, digests, etc - 1906 - 1076 pages
...the public convenience, stands upon the same ground precisely as its power by appropriate legislation to protect the public health, the public morals, or the public safety. Whether legislation of either kind is inconsistent with any power granted to the general government... | |
| Law reports, digests, etc - 1910 - 1070 pages
...of the state. There are, of necessity, limits beyond which legislation cannot rightfully go. * * * If, therefore, a statute purporting to have been enacted...public safety has no real or substantial relation to these objects, or is a palpable Invasion of rights secured by the fundamental law, It is the duty of... | |
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