by John Marshall Harlan

Name: Loeb v. Trustees of Columbia Township — Opinion of the Court
Author: by John Marshall Harlan

Summary

“Loeb v. Trustees of Columbia Township — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as the Constitution of the United States, township and circuit.

Quotes from Loeb v. Trustees of Columbia Township… (by John Marshall Harlan)

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ As one section of a statute may be repugnant to the Constitution without rendering the whole act void, so, one provision of a section may be invalid by reason of its not conforming to the Constitution, while all the other provisions may be subject to no constitutional infirmity. One part may stand, while another will fall, unless the two are so connected, or dependent on each other in subject-matter, meaning, or purpose, that the good cannot remain without the bad. ”

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Source: Wikisource

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ It was the purpose of Congress to give opportunity to an unsuccessful litigant to come to this court directly from the circuit court in every case in which a claim is made that a state law is in contravention of the Constitution of the United States. If the circuit court had adjudged in this case that the township's claim of unconstitutionality was without merit, and had given judgment for the plaintiff, can it be doubted for a moment that the township could have brought the case here directly from the circuit court upon writ of error? ”

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Source: Wikisource

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ When the question is whether a judgment of the circuit court of appeals is final in a particular case, it may well be that the jurisdiction of the circuit court is, within the meaning of that section, to be regarded as dependent entirely upon the diverse citizenship of the parties if the plaintiff invoked the authority of that court only upon that ground ”

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Source: Wikisource

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ All that we now decide is that, even if the 3d section of the state statute in question be stricken out as invalid, the petition makes a case entitling the plaintiff to a judgment against the township. ”

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Source: Wikisource

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ If the act under which the bonds were issued had not contained any provision whatever for an assessment to raise money to meet them, the township could not have repudiated its obligation to pay the bonds; for in the act would be found the command of the legislature to widen and extend Williams avenue, to immediately secure by proceedings in the probate court the land required for the proposed work, to issue bonds to raise the money necessary to meet the expenses of the improvement. ”

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Source: Wikisource

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ The supreme court of the state said: 'The power of the legislature to pass a mandatory statute, requiring the commissioners to levy the tax and improve the road in question, is denied by the defendant. The only provision which the Constitution contains with respect to the county commissioners is the following: 'The commissioners of counties, the trustees of townships, and similar boards, shall have power of local taxation as may be prescribed by law.' Art. ”

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Source: Wikisource

by John Marshall Harlan, Loeb v. Trustees of Columbia Township…

“ That it is only legislative is conceded, but that is undeniably a very broad power, and includes, generally the right to direct, in invitum, the construction and repair of public highways, and the levy of taxes to defray the necessary expenses thereof. ”

by John Marshall Harlan

Summary

Quotes from Loeb v. Trustees of Columbia Township… (by John Marshall Harlan)

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