(Download) "State v. Nagle Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Nagle Et Al.
- Author : Supreme Court of Montana
- Release Date : January 17, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Injunction ? Statutes and Statutory Construction ? Duty of Courts ? Statute Prohibiting Employment of Aliens in Public Institutions ? Invalidity. Statutes and Statutory Construction ? Constitutionality ? Courts not Concerned With Wisdom or Merits of Legislation. 1. In passing upon the constitutionality of statutes, courts may not pass upon the merits or wisdom of the enactments, those being matters for legislative, not judicial, consideration. Same ? Supreme Court must Uphold Legislative Enactments Whenever Possible. 2. The supreme court must uphold legislative enactments when attacked as invalid, whenever it is reasonably possible to do so. - Page 87 Same ? Statutes so Vague in Terms as to Convey No Meaning Void. 3. Statutes imposing burdens, either civil or criminal, upon the citizen must be clear and explicit, and where an Act is so vague and uncertain in its terms as to convey no meaning, or if the means of carrying out its provisions are not adequate or effective, courts must declare it void. Same ? Statute Prohibiting Employment of Aliens Inter Alia by Educational Institutions, Held Void ? Criminal Law. 4. Under the last above rule, held, in a proceeding for injunction to restrain enforcement of the provisions of Chapter 181, Laws of 1935, prohibiting the employment of aliens and noncitizens in public employment, instituted by the state board of education on the ground that the Act is indefinite and ambiguous, establishes no workable standard for its enforcement, and that it is an attempt to deprive relator board of its constitutional control of the educational institutions of the state in the matter of employees and instructors, that the Act, prescribing fine and imprisonment for a violation thereof, is invalid as ambiguous, uncertain and unintelligible. Same ? Words Necessary to Make Penal Statute Workable Missing ? Invalidity of Act. 5. The intention of the legislature in enacting a statute must, in its construction, be ascertained from the language employed therein, and if, in order to make it intelligible or workable, it is necessary to read into it words which are not there, the Act is void.
 "State v. Nagle Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}