 | James Smith McMaster - 1909 - 824 str.
...precise question presented for decision in the application now made. 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, 188, 30 Am. Rep. 289. While the courts have experienced considerable difficulty... | |
 | Vermont. Supreme Court - 1913 - 666 str.
...Construction, Operation, and Enforcement of Constitutional Provisions. The constitutionality of a statute is to be tested, not by what has been done under it, but what it authorizes to be done. Sargent v. Rutland RR Co., 328. The fact that a part of a statute is... | |
 | 1914 - 1350 str.
...constitutionality 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. In re Grout, 93 NY Supp. 711, 719, 105 App. Div. 98. Notice to authorize judgment Is indispensable... | |
 | United States. Supreme Court - 1915 - 1212 str.
...Minn. 30, 97 NW 455 (bounty for growers of •ugar beets). The constitutional 'validity 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 188, 30 Am. Rep. 289; Oilman v. Tucker, 128 NY 200, 13 LRA 304, 26 Am. St.... | |
 | Hannis Taylor - 1917 - 1038 str.
...hearing. The law must require notice and give them the right to a hearing and an opportunity to be heard. It matters not upon the question of the constitutionality...constitutional validity of law is to be tested not by what was done under it, but by what may by its authority be done." The difficulty is to determine whether... | |
 | New York (State). Legislature - 1917 - 794 str.
...Cornelius, 108 NY 242.) (1001.) (Matter of Anderson, 178 NY 416.) (1904.) The constitutional validity of a law is to be te'sted not by what has been done under it but what it authorizes to be done. (Williams v. Village of Port Chester, 72 App. Div. 505.) (1902.) The... | |
 | United States. Farm Credit Administration - 1918 - 94 str.
...It was said by Judge Earl in Stuart v: Palmer (74 NY, 183), that " the constitutional validity of a law is to be tested, not by what has been done under it, but by what may by its authority be done." The specific objection made is that the statutes do not provide for " due process of law." In Ballard... | |
 | New York (State). Courts - 1918 - 844 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, 74 NY 183, 188 ; Gilman v. Tucker, 128 id. 190, 200 ; Coxe v. State, 144 id. 396,... | |
 | Missouri. Supreme Court - 1918 - 882 str.
...Whether or not a legislative enactment impinges upon a constitutional provision is to be determined, not by what has been done under it, but by what may under its authority be done. Sterrett v. Young, 82 Pac. 946; Board of Education v. Aldredge, 13 Okla,... | |
 | United States. District Court (Hawaii) - 1918 - 1016 str.
...from the record. . . As the opinion cited yesterday, of the New York judge, well said, we test a law not by what has been done under it but by what may be done under it. In re Jones, 92 NY Supp. 278. It is dangerous for public bodies or officers to go... | |
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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. 
