Legal Opinion

People v. Collins

Michigan Supreme Court

Decided January 15, 1854PublishedCited by 44 opinions

This ease came into the Supreme Court on reservation by the Presiding Judge of the Wayne Circuit Court, of the question whether “ an act prohibiting the manufacture of intoxicating beverages and the trafile therein,” approved Feb. 11, 1853, was constitutionally in force. On this question the Court were equally divided.

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This ease came into the Supreme Court on reservation by the Presiding Judge of the Wayne Circuit Court, of the question whether “ an act prohibiting the manufacture of intoxicating beverages and the trafile therein,” approved Feb. 11, 1853, was constitutionally in force. On this question the Court were equally divided. In the proposition that the power of enacting general laws cannot be delegated by the legislative body even to the people, all the Judges concurred.* * Synopsis of the Opinion of Geeen, P. J. 1. It is only in the case of manifest assumption of power by the Legislature, and of…

1Opinion of the CourtGreen, P. J.

The only question presented for the consideration of the Court in this case is, whether the act of the Legislature, entitled “ an act prohibiting the manufacture of intoxicating bev*346erages, and the traffic therein,” approved February 12,1853, is unconstitutional.

4. 'One or more'sections of an act not connected with the other sections so as to affect them, may be declared void, leaving the remainder to stand good; but ¡upon the provisions of this act for a reference to the people, the whole law (depends for its efficacy and force ; and these provisions of the act being void, Ithe whole act is…

2Cases cited5 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Cooper v. TelfairSupreme Court of the United States · 1800
  3. Bancroft v. DumasSupreme Court of Vermont · 1849
  4. Riegel v. State Ex Rel. WeaverOhio Court of Appeals · 1926
  5. City of Louisville v. HyattCourt of Appeals of Kentucky · 1841

3Cited by44 opinions

  1. Amalgamated Transit Union Local 587 v. StateWashington Supreme Court · 2000
  2. Advisory Opinion on Constitutionality of 1975 PA 227Michigan Supreme Court · 1976
  3. Weight v. CunninghamTennessee Supreme Court · 1905
  4. Northwood Properties Co. v. Royal Oak City InspectorMichigan Supreme Court · 1949
  5. City of Detroit v. Detroit Police Officers Ass'nMichigan Supreme Court · 1980

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