The Caucasian. (Clinton, N.C.) 188?-1913, 1900-03-22

Cd the one without the other. This
constitutional and the txucoustitutiop-
aiprov1sions may even be contained IN
the same section and yet be perfectly
distinct and separable. 50 that the first
may stand though the last fall.
The point is not whether they are
contained in the came section-bor the
Distribution into sections ID purely ar
ttieial-but whether they are essential
and insaparably connected an sub
stance L, when thel 1snconstituriona
portion Is stricken out, that which re-
mains Is complete within itself and ca
pable of being executed, wholly indie
pendent OF that which was rejected. 4,
must he sustained The difficulty Is
in determining whether the good and
bad parts of the STATUTE are capable OF
being separated within the meaning OF
this rule. IL statute attempts to ac-
complish two Or more objects, and 1s
void as to one, 1t may still be in every
respect valid and complete as to the
other.
But if the purpose Is TO accomplish
a single object ouly and some OF its
provisions are void. the whole malst
fail unless sufficient remains to ac-
conaplish the Object without the aid
of the invalid portion. And If they
are so mutually connected with and
dependant on each other, as condh-
tions, considerations, or compensa-
ton for each other as to warrant the
belief that the legislature intended
them as a whole, and, df all could not
be carried into effect, the legislature
would not pass the residue Indepen-
IDENTIFY; then il some parts are uncon-
stitutional, all the provisions winch
are thus dependent, conditional, on
connected must fall with them.
1t has accordingly been held, where
a statute submitted to the voters Of a
county the question of the removal OF
their county seat, and one section In
posed the forfeiture of certain vested
rights in case the vote was against the
removal, that this portion of the act
being void, the whole must fall, lnias-
much as the whole was submitted TO
the electors collectively, and the
threatened forfeiture woud naturally
effect tine result of the vote.
And where a statute annexed to the
city OF Racine certain hands previously
in the township of Racine, but con-
tanned an express provisionthat the
lands 50 annexed should be taxed at
different arAd less rate than either
lands in the city, the latter provision
being held unconstitutional it was al
SO held that the whole statute must
fail, inlaermueh as such provision was
clearly intended as compensation TOR
the annexation.
And where statute, in order TO ob
tain jury of six persons, provided for
the sumlmonirg of twelve jurors from
whom six were to he chosen and,
sworn, and under the constitution the
jury must consist of tWelve,it was held
that the provision for reducing the
number to six could not he rejected
and the sbatute sustained, inastmuch
as this would be giving TO it a con-
struction and effect different from that
the legislature designed.
On the other hand, to illustrate how
intimately the valid and invalid por-
items of "a statute may be associated, a
section of the criminal code Of Illinois
provided that of any person shall har-
Dor OF Secrete amy negro, mulalttO, CIR
person of color. the same being a slave
or servant, owing service or labor to
any other persons, whether they reside
in this State or any other State or Ter
ritory or District within the limits OF
under the jurisdiction Of the United
States, OR shall in anyrwise prevent or
hinder the lawful owner or owners OF
such slaves from retaking them in a
lawful MANNER, every person SO Of
Tending shall be. guilty Of a misde.
meanor," etc, and it was held gthiat al
though the latter portion of the sec.
tion was void within the decision in
Priggs VS.. Pennsylvania. yet THAT the
| first portion, being police regulation
! for the preservation of order in the
State and important to its well-beins
and capable of being enforced without
reference ito the rest. WAS not affected
by the invalidity of the rest.
| A legislative act may be entirely
valid as to some CLASSES OF cases and
clearly void as to others. A general
law for the punishment Of offensea
winch should endeavor ito reach, by its
retroactive operation, acts before com
Untitled, as we'll as to prescribe a rule
of conduct for the citizen in the future
would be void so far as it was. retro
|
affect the operation OF the law i'm re.
gard to the cases which were Within
the Legislative control. A law mighd
he void as violating the obligation o1
existing contracts, Ibtlt valid as to al
contracts which should be entered into
subsequent TO its passage, and which
therefore, would have no legal force
except such as the law itself woul(
allow. In any such case the unconsti
tuhional law must operate as far as i
can, and it will not be held invalid OF
the objection of party whose inter
ests are not affected by it in mannIe1
which the constitution forbids. l
there are amy exceptions to this rule
they must be of cases where 1T IS evl
dent, from contemplation of the stat
ute and of the purpose to be accom-
plished by it, that it would have no
have been passed at all except as al
entirety, and that the general purpcs'
of the legislature will be defeated If /
shall be held valid as ito some case
and void as to others.
MIR. President, the above is the full
text of the law on this question as Sc
forth by that distinguished authority
nose 'WWU udFt LASiCuCu w IL VIA ~
more convinced of the absolute correct
ness of the contention I stand for thai
if they simply read what l HAD alread,
quoted.
Mr.. President, cali attention to sew
eral illustrations given by Mr.. Coole.
in the matter have asked TO put II
the Record toward the after part %
his discussion, illustrations to SHOW
when a court will knock out one sec
ton and retain the remainder OF al
act. The sections of the propose
amendment under discussion, section
4 and S, present a stronger case TO
separation than single one cited B.
that authority.
While on this question would quot
another standard authority. / quot
from Pomeroy's Constitutional Con
satructiou, page 554, in which the Anu
thor, in discussing this very question
says:
,x,,r1 x,at%lod thraf an, atrif n1taU h