 | 1897 - 996 str.
...completely executed. (People, ex rel, v. City of Rochester, 50 NY 525.) The constitutionality of a statute is to be tested not by what has been done under it, but by what may by its authority be done. (Stuart v. Palmer, 74 NY 183; Matter of South Market Street. 67 Hun, 594.) Actual and material injilry... | |
 | 1897 - 1098 str.
...completely executed. (People, ex rel. v. City of Rochester, 50 NY 525.) The constitutionality of a statute is to be tested not by what has been done under it, but by what may by its authority ba done. (Stuart v. Palmer, 74 NY 183; Matter of South Market Street. 07 Hun, 694.) Actual and material... | |
 | United States. Supreme Court - 1901 - 1108 str.
...of Earl, J.. in Stuart v. 1'alwir, 74 NY 183, 188, 30 Am. Вер. 289: *"Tbe constitu- [1 7O lional validity of law is to be tested, not by what has been...under it, but by what may, by its authority, be done." This test is accurate, provided, of course, it is limited to what may rightfully be done, and docs... | |
 | United States. Supreme Court - 1901 - 1416 str.
...rule of construction in the consideration of such statutes, that " the constitutional validity of a law is to be tested, not by what has been done under it, but what may by its authority be done." Stuart v. Palmer, 74 NT 195, 30 Am. Rep. 389; Montana Co. v. St.... | |
 | Frederick Newton Judson - 1903 - 906 str.
...not enough that he may by chance have notice, or as a matter of fact have a hearing. It is immaterial that the assessment has in fact been fairly apportioned. The constitutional validity of the la\? is to be decided, not by what has been done under it, but by what by its authority may be... | |
 | 1904 - 1240 str.
...bar as in the Skaneateles Case, it is not an authority governing the case under consideration, for "the constitutional validity of law is to be tested, not by what has been done under it, but what may by its authority be done." Stuart v. Palmer, 74 NY 183, 30 Am. Rep. 289 (see opinion at pK... | |
 | Jabez Gridley Sutherland - 1904 - 880 str.
...perhaps of all the people of the state, may depend upon or be affected by the question.33 A law is to bo tested, not by what has been done under it, but by what may be done under it.38 When a section of a statute is invalid because not within the title, the incorporation... | |
 | North Carolina. Supreme Court - 1905 - 858 str.
...a sound discretion, but the difficulty lies in the fatal infirmity of the statute. As is well said, "The constitutional validity of law is to be tested...under it, but by what may, by its authority, be done. The Legislature may prescribe the kind of notice and the mode in which it shall be given but it cannot... | |
 | 1905 - 1138 str.
...a sound discretion, but the difficulty lies in the fatal infirmity of the statute. As is well said, "The constitutional validity of law is to be tested...under it, but by what may, by its authority, be done. The legislature may prescribe the kind of notice and the mode in which it shall be given, but it cannot... | |
 | 1905 - 460 str.
...constitutionality of such law that the questions involved have been fairly decided. The essential validity of the law is to be tested not by what has been done under it, but by what may by its authority be done (Stuart v. Palmer, sulmi; Oilman r. Tucker, 128 NY, 190, 200; Coxe v. State, 144 NY, 390, 408; Colon... | |
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The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done. 
