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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. "
The Atlantic Reporter - Page 177
1919
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 291

Illinois. Supreme Court - 1920 - 694 pages
...must require notice to them and give them the right to a hearing and an opportunity to be heard. * * * The constitutional validity of law is to be tested,...under it but by what may by its authority be done." The doctrine thus announced has been followed in many other cases. Coe v. Armour Fertilizer Works,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 9-10

1882 - 1904 pages
...corrections allowed by the general system of assessment. As is said in Stuart v. Palmer, 74 NY 183 : "It matters not upon the question of the constitutionality...under it, but by what may, by its authority, be done." Earl, J., 188. It may be that the tax assessed against the shareholders of complainant is no more onerous...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 273-274

1921 - 2116 pages
...impose a burden on that commerce. In Stuart v. Palmer, 74 NY 183, 188 (30 Am. Rep. 289) Earl, J., said : "The constitutional validity of law is to be tested,...under It, but by what may, by its authority, be done." In Montana Co. v. St. Louis Mining, etc., Co., 152 US 170, 14 Sup. Ct. 506, 38 L. Ed. 398, the Supreme...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 13-14

1882 - 1916 pages
...must require notice to them, and give them the right to a hearing, and an opportunity to be heard. It matters not, upon the question of the constitutionality...fairly apportioned. 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....
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 796 pages
...must require notice to them, and give them the right to a hearing, and an opportunity to be heard. It matters not, upon the question of the constitutionality...fairly apportioned. 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....
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 8

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1883 - 730 pages
...law must require a notice to them and give them a right to a hearing, and an opportunity to be heard. It matters not upon the question of the constitutionality...fairly apportioned. The constitutional validity of a law is to be tested, not by what has been done under it, but what may, by its aulliority, be do»e....
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The Northwestern Reporter, Volume 18

1884 - 1002 pages
...notice to them, and give them the right to a hearing and an opportunity to be heard. It matters noc, upon the question of the constitutionality of such...to be tested, not by what has been done under it, hut by what may, by its authority, be done. The legislature may prescribe tinkind of notice, and the...
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The Pacific Reporter, Volume 3

1884 - 938 pages
...just. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality is to be tested not by what has been done under it, but by what it authorizes to be done by virtue of its provisions. This is the doctrine of the following cases,...
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The Pacific Reporter, Volume 3

1884 - 980 pages
...invalid. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality ia to be tested not by what has been done under it, but by what is authorized to be done by virtue of its provisions. Error to district court of Arapahoe county. JH...
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Commentaries on Law, Embracing Chapters on the Nature, the Source, and the ...

Francis Wharton - 1884 - 882 pages
...and an opportunity to be heard. It matters not, upon the question of the constitutionality of such law, that the assessment has in fact been fairly apportioned. 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. The...
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