Shevlin-Carpenter Co. v. Minnesota
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. The facts, which involve the constitutionality of a statute of Minnesota regulating cutting timber on the public lands of the State and fixing penalties therefor, are stated in the opinion. Section 7 bf ehap. 163 must be considered in its entirety, if any provision is unconstitutional, the whole falling.
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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. The facts, which involve the constitutionality of a statute of Minnesota regulating cutting timber on the public lands of the State and fixing penalties therefor, are stated in the opinion. Section 7 bf ehap. 163 must be considered in its entirety, if any provision is unconstitutional, the whole falling. The legislature would not have passed the statute without the clause making a trespass a felony, of the clausé allowing double damages -in case of a casual or involuntary trespass. , , Where an invalid provision in a statute was the…
1Opinion of the CourtJustice McKenna
delivered the' opinion of the court.
This case involves the consideration of the validity under the Constitution of the United States of the imposition of double damages under an act of the State of Minnesota for a “casual and involuntary trespass,” made by cutting or assisting to cut timber upon the lands of the State. The act is set out in the margin. 1
The action was brought to recover the sum of $51,324.42 for timber cut by plaintiffs in error from certain lands of the State “without a valid and existing permit.” The question in the case revolves around. this permit and the extensions of it…
2Cases cited4 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- District of Columbia v. BrookeSupreme Court of the United States · 1909
- St. John v. New YorkSupreme Court of the United States · 1906
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- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
- Cheek v. United StatesSupreme Court of the United States · 1991
- Williams v. North CarolinaSupreme Court of the United States · 1945
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