Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 142
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...the section or sections, as amended, must be construed as though introduced into the place of the repealed section or sections in the original act, and, therefore, in view of the provisions of the original act as it stands after the amendatory sections are so introduced. McKibben v. Lester, 9 Ohio St. 627. And, it may be added, the other sections are to be interpreted in connection with, and in view of, the amended section or sections, and, in its application to cases arising after the amendment has been made, the whole statute must have the same operation and effect as if it then had been re-enacted, in terms. Hence, an unconstitutional statute may be amended into a constitutional one, so far as its future operation is concerned, by removing its objectionable provisions, or supplying others to conform it to the requirements of the constitution." Walsh, Treasurer. et al. 1: . The State, ea: rel. Soules, Auditor. This power of rendering valid a statute, unconstitutional in part, was exercised by the Legislature of this State, prior to the amendatory act of 1893. In the case of Kzmtz v. Sumption, Trea-s., 117 Ind. 1 (2 L. R. A. 655), this court held that the tax statute was unconstitutional, so far as it authorized boards of review to add property to the list of a taxpayer, without giving him notice. Immediately following this decision, the Legislature of 1889, amended the law by providing for the required notice (Acts 1889, p. 367). This act of legislative authority, in supplying this omission in the statute as to notice, was not, to our knowledge, controverted. The constitutional question, upon which the decision in the Boice appeal was based, was not because of any infirmity in section 25 of the act of 1891, which provided...
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- 13 Sep 2013
- Illustrations, black and white