Reitz v. Mealey

terms, question as well as So'that in-purely legal substantial federal considered jurisdictional parte Pore and in actualities, Ex the realm right minimum. sky, 1933, plaintiff L.Ed. which 54 S.Ct. is, 290 U.S. asserts terms of 152; 1939, money, Morgenthau, dollars, & less Co. v. than three thousand Jameson exclusive of 59 S.Ct. interest. court there- my Legg, jurisdiction. D.C. fore without see Rok v. F.Supp. Cal. On suggestion juris- lack of such diction value of By (Rule whatever rule we test (h) defendant (2), jurisdic- plaintiff’s Procedure, right, it is below Rules of Civil U.S.C.A. following tional 723c) amount. the court finds that jurisdiction it has no dis- period for a definite He has no contract misses complaint, without leave to Progress Administration. with the Works amend. monthly employment basis. is on a His any time. be terminated at whole that it is But, assume suf has he detriment year. fiscal What de discharge? The same fered had would have suffered triment which he discharged by private wrongfully he been contract Was under employer whom he wages namely, period, for a definite MEALEY, REITZ v. Com’r Motor can recover No one might have earned. Vehicles. ordinary con breach of more for the No. 28886. through received tract than he would Court, performance. N. D. New York. Aug. 14, 1940. incontrovertible. propositions are These were,, TIicy fact, by counsel admitted plaintiff. injury to his argument idleness craftsmanship through enforced considered, substance. lacks might be employed right to is the right involved employ wage. The loss of a definite only, loss of one detriment results in Motors McNutt General wage. See 298 U.S. Corp., injury claimed 1135. The postu skill a craftsman plaintiff's on the lates not employment, guarantee

government responsibility impose on also would consequences failing to do remote social so. legal There is no foundation for either recognized assumption. Statism is not a political philos- American concept our ophy. Progress The Works Administra- temporary. relief

tion is bottomed on and is of its There is assurance continuance year. So, beyond current fiscal we can- not, jurisdiction, retain in order to assume or its its continued existence transforma- temporary through tion “relief philosophy work” scheme into a new which would turn the Federal Gov- employer into an large ernment on a scale guarantor permanent employ-

or into a

ment. Act, the Bankruptcy time under § 337, 11 now section U.S.C.A. § file creditors must their specifica- objection. tions of The defendant has answer, filed admitting all the essential upon suspensión facts aof depends driver’s license under § York, the Vehicle Law and Traffic of New Consol.Laws, judg- These are c. ment shall be recovered the licensee injuries for damages for person prop- erty, resulting from operation aof motor-car, that shall pay judg- he days, within fifteen that the writing creditor shall in ask the clerk where the court is entered to forward certified of it com- vehicles, missioner of clerk shall do so. section then directs to suspend the commissioner driver’s years pays license judgment three unless he meanwhile, does, and even if he time, restore within or there- after, gives security, required he unless act, protect 94-c any '§ whom may injure in the future. legis- proviso upon lature added a writing of the creditor com- consent in the license missioner restore months, for six case longer for as much as the thereafter creditor’s consent outstanding; again only but gives required security case (Laws 448). c. The gen- 94-c § plan apparent. eral section is Al- though compulsory insurance is amade them, upon granting condition all licenses subject First, issued to two conditions: after one accident in which the has found the licensee ment of court fault, permanently will be his license can- insurance; takes out celled unless he second, event it will sus- years pended as the HAND, L. Judge, Before Circuit unsatisfied, judgment remains COXE, Judges. COOPER and to its creditor consents restoration. Allan, Harry Y., Albany, A. N. plaintiff. » been regular would have Goodman, Y., Albany, N. for de- proceed by petition in the bankruptcy Jack fendant. proceeding, as “action” is strictly a bankruptcy, “controversy” in ancillary to HAND, Judge. L. Circuit . but, proceeding; the main since dif form, motion This is a one of we made in an action ference will dis brought enjoin already regard We Healey Commissioner it. held Public Vehicles of F.Supp. New Murnaghan, York from sus- v. that we have plaintiff’s pending a jurisdiction driver’s license under § U.S.C.A. § plaintiff commissioner; chauffeur. The bankrupt, enjoin that, duly adjudicated clerk has remitted the but the him, June discharge has not granted, necessary to together call nor it is a court does it appear that the judges referee has fixed under of three § Title ques- Harnett, supra, D.C., U.S.Code, F.Supp. 28 U.S.C.A. § presented ex- inescapably does discharge tion is therefore now here relevant that a tinguish debt, merely section is constitutional. whether the tolls remedy. justi- Whether bankrupt two attacks not, suspend certainly fied or power to First, grounds: it violates driver’s lecting means of col- license is in effect a second, Amendment; that Fourteenth debt; away his live- it takes discharge it by impairing the effect of pays, imposition lihood until lies and its Act, Bankruptcy 17 of the conflicts with § that creditor’s hands. fact presents point 11 35. first U.S.C.A. § driver, section that the adds sanction possible difficulty. There be no little negligent, once found must in event re- legislature, instead complaint, if the future, security ob- give does not for the insurance, out quiring drivers to take all this; independent literate each condition is so, who had required only those to do had Therefore, 17 must be of the other. if § driv- guilty of careless been once found bankrupts all relieving sanctions read as only be raised ing. question that can debts, dischargeable collection contradicts that whether . they public purpose no matter what other condition; i. e. the second to- add invalid, may serve, the section is for for three suspended will the license years paramount. We Act do Bankruptcy pays licensee unless the impedes that the much think section so form of the section ment. That was Inability polity. pay to states their that we shall consider before first. one’s debts is not irrelevant in determin- was make The effect activity. many ing one’s fitness for kinds of any damage security done for license D.C., Hicks, example, In Re 133 F. for carelessness, through the licensee’s city one provided ordinance had that no his care. calculated to increase was well municipal should be fireman who did not though long use has us accustomed Indeed— debts, pay his held the ordi- court acceptance perhaps insurance to its — nance invalid it conflicted with without liability personal fault against for Bankruptcy ruling Act. The seems enforcing care some attendant means of wrong; city good have plainly might us exists, example, in case (such as for position excluding so for from a reasons insurance) always serves some- of marine ir- so vital to its welfare men who were dampen caution; at least reason- what to they responsible that would not live so, might people think and for that able given them. The fact salaries legislature forbid reason a surance necessarily so,, doing the ordinance against first few whatever the collection of acted as a sanction for liability negligent for dollars of thousand driving cuniary material; city was was not the debts have pe- drivers should so that still to make its own standards for entitled avoid collision. This incentive to department. admission to its fire reasoning The same of motor- in, 1936had substance such a before section result, applies here. Driver.s reason it did and for that class, are selected and of these cars the Fourteenth So with Amendment. flict faulty driv- those who suffer ing “statutory held in Munz v. court” Har- likely presumably less to be safe are D.C., nett, F.Supp. 158, have there average. Out drivers than of this elsewhere, up- been decisions several discipline only who can- number not those v. Divi- holding similar statutes. Watson . pay judgments against them might California, Motor Vehicles sion step rationally in the be a further same 481; Opinion 298 P. Cal. Jus- direction, for it is not unreasonable to 680; tices, 251 Mass. 147 N.E. Garford drivers, among say careless those Inc., Hoffman, Trucking, 114 N.J.L. apt who to be more careless have no 882; Sheehan v. Division of Motor A. at enough interest stake. financial 359;. Vehicles, 140 Cal.App. P.2d well the standard chosen works on a' if whole; Price, 49 63 P.2d Ariz. inevitably legislation is a more 1156; 108 A.L.R. Nulter v. State Road rough aim no process, and need at or less more than Comm., W.Va. S.E. average success. S.E. considered We have hitherto the section argument before the con as it stood amendment Bankruptcy gave the creditor 17 of the Act flicts § license, plausible. very seems to us at the restoration of least be- whether, machinery said could set the doubtful in Munz he alone fore tutional, is not affected an unconstitu argues plaintiff motion. The amendment; be- rate, tional the amendment if these amendments remedy though brutum out fore, drops fulmen and the section became passed. People Farrington never amend- ex rel. of debts. As collection helped that, 8, 22, 23, v. Mensching, 187 79 N.E. says ment of 1936 he even L.R.A.,N.S., 625, the driver’s Ann.Cas. driving make safe insure Scully, Markland any judgment 203 N.Y. security license 427; People Packing give him, v. C. Klinck policy it did not further that it; Company, for it 214 N.Y. restore Ann.Cas.1916D, 1051; Corp. say out of those Buffalo Gravel would be absurd Moore, negli- App.Div. 242, 248, both found drivers who financially irresponsible, grounds 234 N.Y. gent those S. affirmed on other really who could not disciplined This doctrine is alone should be Yet lenient. doc persuade their creditors to be no more than an instance of another trine, especially happens whether made be doubtful the amendment it is original York, any change. in will very substantial favored New creditor survive the excision of unconstitutional gave fact in parts, com- any apparent license the legis time to restore plete judgment; it of the lature would enacted with the satisfaction not have merely this York added to invalid it. Cen the amendment out of New consent, Williams, & him tral H. R. R. Co. v. enabling to withdraw his case, 549, given, L.R.A.,N.S., once 404, six months. 92 N.E. change 850; People whether that conflicted with Beakes Am.St.Rep. § original Co., 416, 431, 432, could be reconciled with Dairy N.Y. scheme, 1260; we for need not decide reasons ex rel. 3 A.L.R. appear. will Knapp, 230 N.Y. Alpha P. C. Co. v. 202; Mancuso, 129 N.E. People v. The commissioner defends amend- 175 N.E. 76 A.L.R. N.Y. 514; by saying ment of it was a fair Maltbie, & Bronx E. Co. v. N. G. orig- implementation of the of the 281; Gaynor Y. section, merely inal because it relieved Marohn, duty. of an irksome He had clerk. obliged cer did In the case at bar the clerk remit judgment to find out whenever commis copy of the tified unpaid days, had remained fifteen ; whether difference and it makes no sioner damages negli- whether it was for due to demand, or sua upon the creditor’s he did so gent driving. Instead of the amend- attempt made sponte. The creditor has up system depend- set automatic so; license, may never do to restore starting ing creditor’s interest in does, will commissioner if he is, clerk into action. This distinction comply with his or not to decide whether however, apparent than real because stand, things decide we need demand. As under the stood before only upon it was in the act as therefore had the creditor same incentive and Munz agree with v. Har and we likely as thereafter was as to advise the nett, D.C., F.Supp. supra, that it was judgment, clerk of the after which the valid. proceed. clerk was bound temporary injunction will change be va- was that after clerk complaint sponte, cated, will proceed and the be sua and that dismissed. the amend- theory ment did therefore allow the COOPER, Judge suspension. (dissenting). to hold off the again, only could he have done that cannot concur with the ma- writer before satisfaction of the jority appearing for the reasons ment, but chance that clerk would herein. being prodded by have acted without as it was in 1933 Section 94-b was held a very creditor must have been remote. police power exercise the State’s valid very really This amendment also D.C., Harnett, Munz v. F. in the case of change in little substance. December Supp. decided the Section then read it was However, we As pass need on Vehicles, up- constitutionality Commissioner of Motor of either of the amend ments, York, a certified receiving is well settled in New an unsat- elsewhere, suspend judgment, op- to forthwith statute itself isfied consti- By period all the 1936the license chauffeur’s erator’s or “in nonpayment specified any person registration certificates days was years, fifteen reduced to but the same the event of his failure * * * proof ability respond damages for satisfy every judgment thereafter to injury, liability future by furnishing accidents personal damages on account surance property required. was death, damages including excess resulting dollars, one hundred In 1936the statute further amended was * * * a motor operation of from the “Provided, however, if to read as follows: per- him, agent, vehicle writing creditor consents liable negligence he shall son for whose n thatthe allowed license debtor be responsible.” c. 669. Laws registration, the same allowed for six months from the consent date such that such provided The section further until the commissioner thereafter “shall registration certificate license and writing, proof such is revoked in re- not be suspended and shall remain so ability respond damages furnish- vehicle any other motor shall newed nor ed in accordance with the of this while in his name registered thereafter chapter.” unstay- Laws c. 448. judgments remain judgment or ed, subsisting, until said unsatisfied re-enacted, in- dis- satisfied judgment or cluding 1936 and the above-amendment of discharge except by in bank- charged, ruptcy, by inserting the section the- words itali- in least five thou- extent of or at to the quotation in the “It cized the section: in person injury one * * for an to * sand dollars duty shall be the the clerk to of thou- accident, and extent of ten one to the immediately, demand upon forward written one injury to more than dollars for an sand judgment attorney the creditor or his of accident, to the extent person one * * * in copy judgment a certified of such injury prop- an one thousand dollars for erty transcript is a' thereof.” This or a direction insertion accident, until the said in one copy Clerk forward respond proof ability to person gives of his judgment the the Commissioner of Mo- ninety- required section damages, as in the tor demand Vehicles written chapter for future four-c of this accidents.” judgment This not otherwise. creditor and the clerk means such demand that without provided The section also as follows: duty. has no duty “It court, shall be the of the clerk thus clear that since the 1939 re- court, or of the clerk, where it .has no 94-b, enactment to the nothing happens section judgment rendered, which ward such to for- judgment judgment debtor unless the immediately, expiration after the creditor by Except wills it so. for such action days aforesaid, said fifteen as to such com- creditor, may judgment the debtor missioner a certified such judgment apparently drive life for the of his rest transcript or a thereof.” without paying judgment and without It will thus be seen that the obtaining any liability insurance. mandatory permanent suspen- were for the hand, On the action operator’s sion of the or chauffeur’s license prevent judgment will creditor registrations paid until single debtor driving day prescribed to the extent in the statute and latter to terms with the comes creditor. liability provided insurance furnished as make The creditor has but to. written de- in Section 94-c. mand on the clerk the latter must for- Suspension automatically of license fol- “immediately” ward commissioner days lowed failure within fifteen to pay the thereupon and the commissioner must sus- judgment prescribed to the extent give pend' the debtor’s license. liability insurance future acci- provision inserted in the dents. part thereof, 1936 and now a judgment creditor writing consents in li- negligent defaulting driver or “may operator’s cense be allowed” the Commission- again owner never or er for six months and thereafter until registration such chauffeur’s license or certificate mandatory paid writing, consent is revoked in judgment until he to the extent legal any provi- effect in the specified gave liability absence of insurance may sion that license be allowed required (by proof “within the 94-c) as of his discretion of the commissioner” ability respond damages “with for future ac- or approval the commissioner.” cidents. motor missioner ten defined guised must He must stallment the Commissioner complied with, suspension years, revoke the satisfactory certified on the statute as it forward creditor. escapably lose cers or “The authorization created ‘may’ benefit 359, 15 ferring Mason ute confers Ed. 419. “It is v. United Supervisors the context [18 visors United construction. (Citing 125] He now has the If duty, It will be “May” is a the Court word sole control of end L.Ed. 419].” the [5 permissive ; United States debtor, terms the a familiar doctrine his interest or the Washington latter vehicle without general, v. bodies collection rather than authorized in the section. cases.) makes immediately public bargain with the creditor must ‘may’ often treated as debtor’s payments non-paying judgment debtor pays right to All Fearson, must mandatory and not suspension for six months. was, six 378, 380, are not to the creditor. coming requires ex rel. Doscher seen power 714]; will public be construed written Rock public policy subject matter although not words permanently, months, judgment creditor but that States, license. thereupon suspend agent for authority be held the latter of motor operate eliminated. No privilege judgment conferring to terms to be [Rock judgment. Island Thoman, 156U.S. rights Pratt, made, used How. compliance with the demand on States, other consideration of a L.Ed this section judgment 4 Wall. done privilege is within that, if terms are not mandatory where exercised commissioner a Immediately up- Commissioner upon public in statutes of individuals.” exercise of the Island 8 Wheat. private vehicles a dis- County to motor inflexible, rule the .450, or for three where concerns “shall” require 4 Wall. operate it was required Sisson, 222 permissive. protection discretion. [13 judgment imposing creditor. by County] vehicle, ensues. is said: person, for in- longer Super extent worst felon out makes a stat L.Ed. Com- ^[681] writ- held: word when II clerk offi- At to L. has possible power way. prisonment. v. highways by suspending the license for Packing that his livelihood is in doned. ate some need Consol. mus to act mands enforcement must cised in judgment creditor may make as a condition clusively sue est, creditor’s will in operating an found ing creditor 1051, supra. Commissioner will be takes ate Commissioner How Under An act This statute Statutes Moreover, It is No their raising C. automobile or delegate terms are may been found. citizen. N.Y. judgment is not App.Div. 7, 278, Ann.Cas.1916D, time Klinck years public place analogous in If ultimate power even quite Laws, c. 40. much discretion protection under cover the whole three license. That Company, his vested without no case attempting lose the three year accept lost be as the must be deemed true that the officer has automobile on the discretion is occupation to unknown Clerk of the Court be. The statute makes it the Packing Company, the complied 3 N.E.2d 455. creditor’s not a creditor. statute all to be them. all. This except police suspending truck, 286 N.Y.S. doubt. power unique carry private the discretion of a of the passing prison, principle. right invalid is 511, citizen construed authorities compelled by People demand with no delegate legislative the Clerk officer to will, out the ban, N. Jones 1051. case of life im- public pretense invalid. here, their citizen private for his Ann.Cas.1916D, that of sole control a like power Y. unknown delegating whoever that 121, v. of the State privilege years period. to public high- Penal all by this means own inter- C. using the accept be be suspend- Harnett, affirmed may right what attempt citizens manda- driving Klinclc is ex- aban- exer Law, oper- priv- deny de- at to involved, in- questions exercised all citizens to be termination of cluding private unknowable in their discretion. law, questions irrespective of state disposition may of the po- that the state is held in substance federal question and it be found of whether nor bar- lice neither be abdicated necessary decide all.” it at ex- even gained away is inalienable R. See also Ken- Chicago Line Co. v. G. Co. v. press grant. Atlantic W. R. Coast dall, 548, 558, Goldsboro, 266 U.S. 34 S.Ct. 45 S.Ct. 69 L.Ed. 232 U.S. Garrett, Louisville & Railway L.Ed. N. Co. v. 231 U.S. 34 S.Ct. 58 L.Ed. 229. bind it- State surrender police power. Phillips question The Federal here is whether or self not exert its provision Jenkins, Company Petroleum U.S. not the Federal Constitution violates 943, also 56 S.Ct. 80 L.Ed. laws enact- or of Tranbarg- exclusively Chicago Company ed delegated & A. R. R. under er, 678, 59 L.Ed. Federal 238 U.S. Government. rest decision here Kansas, Coppage 35 S. 236 U.S. In invalidity of Section 94-b as an exercise of 441, L.R.A.1915C, 960, Ct. power. police statutory held in substance that it was But the section also invades the field provision legitimate police which is delegated by bankruptcy Consti- the U. S. by being regulation cannot made such sovereignty. tution to police regula placed the same with a attempt transparent It is a the State being under a title tion declares a object enacted provide private which a means be proper would may, bankrupt- citizen in violation power. the exercise of that States, cy United collect laws Hennington Georgia, 163 in whole or in one held viz., persons, an unknown those class purporting to be that where a state operate licensed to motor vehicle on police power enacted under highways against negligence those whom a real substantial relation to state has no operation judgment arising from object sought, palpable invasion such motor vehicle been recovered and has law, rights secured fundamental of it is invalid. unpaid, dis- charged under laws bankruptcy or will Gulf, Ellis, Railway Co. C. & S. F. discharged. 150, 255, 165 S.Ct. 41 L.Ed. U.S. says expressly the li- The Statute that is decided a statute which mere- that suspended at when cense creditor’s compel ly payment of an indebtedness scope “shall remain discretion so sus- police does not come of * * * any while such pended power. unstayed, judgments remain unsatisfied or and clear, therefore, reasonably seems subsisting, either said until 94-b not valid exercise of the Section is discharged, are satisfied judgments or or power police the State. of discharge bankruptcy, m except by a ** extent itself, question whether not By of of is a valid exercise State words, attempt In other on the present might not Federal Police Power one state withdraw from part of not, therefore, question and be decid- Government, Federal benefit aof question sole it were the for de- ed here if persons, portion of limited class of the question pre- is where federal delegated cision. sented, power by the bankruptcy States jurisdiction decide the Court has Government in the Consti- Federal questions. destroy the state thereby uniformity and tution laws, bankruptcy so far as-the of Railway v. Louisville & I. Greene York is concerned. One of New of Company, 244 U.S. S.Ct. Federal Power' under of functions 1280, Ann.Cas.1917E, 88, the head L.Ed. to declare what is Constitution says: jurisdic “In a case which note provide dischargeable and to for their are discharge. Court in properly tion substantial controversy aris voked bankrupt discharged from the Constitution When the under of United ing States, .Bankruptcy the Federal court, his Law, under jurisdiction and debts power make state sane- appeal, court on extends to the has de- of this discharged by of this statute decision and still procedure by tions or Court leave the remainder the section collected un- valid may nevertheless be proced- constitutional. guise der that sanction whatever may- ure be dressed. The majority say not does statute, 1936 and a valid exer- these are uncon- When state not so, do stitutional but such police attempts its holds cise decision not nec- power, essary they may of bank- out and the Federal field stricken invades ruptcy, leave a with the remainder in conflict valid constitutional section. power. Constitutional view. concur writer cannot Bankruptcy, 4th Collier on Gilbert’s Ed., bankruptcy page at 2 it is said: “The is, course, recognized, well adopted Congress having un- part parts some a statutory scheme delegation der the constitutional regulation or are unconstitutional supreme pro- law land readily separable general ” paramount are state statute. visions scheme regulation intended Legislature unimpaired, part cited. Numerous authorities parts may be stricken out and the re- following suffices: Local Loan Com- mainder of the statute held valid. Hunt, pany U.S. S.Ct. 78 L.Ed. 93 A.L.R. 195. is the Such effect of the authorities cited opinion. the majority discharge bankrupts That public dischargeable Reference one will debts is a matter of illustrate this. Alpha National ex rel. terest Hanover P. was declared C. Company v. 192, Knapp, Moyses, page Bank 186 U.S. at N.E. 202, was con- page L.Ed. with a cerned revenue act. said: “The determination where Court The Court there found a condemned the honest and status unfortunate easily separable said, 230 N.Y. at page liberation from encumbrance 62, 129 N.E. at page 207: viewing it, “Thus is matter on future exertion I doubt cannot exclusion of inter- cern, Congress accomplish has intangibles est will leave the essence of throughout by proceed- United States the scheme intact." ings debtor’s domicil.” at the generally are cases of like na- effect are: Williams To same v. Unit- ture. Fidelity & Guaranty Company, ed States leaching these cases 549, 555-557,35 S.Ct. 236 U.S. general where the scheme and intent of the Company Hunt, Local Loan impaired, separable is not not constitutional be stricken out and the 195, supra. A.L.R. remaining held valid. Courts are influenced These cases controlling here be- some hardship person may innocent here do have cause we such statute judgments recovered suffer because those there involved as and here, negligent operators of automobiles are dis- the of elimination the condemned bankruptcy chargeable are, in and there- the parts, essence the of statutory scheme fore, uncollectible. not remain intact. does remedy Congress lies with which statutory construction it is duty the judgments non-discharge- can make give and the Courts to find of effect the able, or the Leg- not the Courts with Matter legislative intent. Hering, 196 islature. 218, 221, N.E. 89 N.Y. v. Osborne majority opinion the It is in said the Co., 226 International R. N.Y. 123 in placed Section 94-b in provisions 1936 849; People ex rel. H. N.E. H. Babcock Co. judgment creditor empowering the to re- Law, App.Div. 209 v. 204 N.Y.S. 459. give permission the Commissioner to quire operate will assume legislatures Courts his automobile in passing an amendment to a and months thereafter until six the statute intended permission, change material the effect such withdraws and as the indi- creditor is amendment, together the which with cated otherwise insertion 1939 nugatory. legislation would be People creditors provision give sole ex suspension proceed- Sheldon Board of Appeals, start v. rel. start N.E. 416. may entirely out of ings, stricken the N.Y. Judges held: valid Mancuso, L.R.A., N.S., 162, ration’ Stanley, supra, parts ties 202, supra; ject Company, 201 possible, Meyer pany v. 278, Ann.Cas.1916D, 1051, supra. approval ing S. whole must cannot be eliminated er or made the constitutional ject, changing eral ment debtor’s license forever mits negligence tomatic statutory machine under commands, may scheme er This act to in the Clerk ruptcy. taxing regulatory act An When the Where the invalid That the This Moore, Judges Kellogg is judgment, Company, valid, 1939) deliberately 76 A.L.R. scope viz., collect a of no and' in a statute devoted to control. an act interesting but one starting, and Commissioner creditor and general contained act as attempting Section imperfections Knapp, (Albany by which the suspension years) is an Wells to such an invalid must creditor had not one iota of majority a changes (including re-enactment judgment creditor all of which fall. legislature Ives v. doubt, for statutory part statute so providing in “Nevertheless the two is App.Div. integral debt scheme thing. stopping, as in Buffalo Gravel over which Fargo so large some People discussion of County ex rel. N.Y. & O’Brien connected opinion, nor a provides South Ann.Cas.1912B, dischargeable in scheme where the scheme is not a destroy and separate meant it & It has so negligence a whole is ^[305] dissenting as above is the cases statute Alpha Company, ‘capable commingled exclusive defaulting 1936 and 1939 it Buffalo indivisible essential a C. Supervisors but a revision is mandatory places (later changed act restarting with the Klinck page intentionally but statute as may collect complicated L.Ed. N.Y.S. 225. limited condemned P. C. Com so legislation dissenting found cited with statutory outlined, latter, Railway referred all complex one ob- also ad- difficul- invalid. opinion control 223 U. parts, Pack unity. Court bank- sepa- as Corp. pow- pow- gen un im ob- au- it that the condemned sence mainder of construction remainder the Courts legislative unconstitutional with can change statute fest; ute, as scheme statutory scheme. sence ex statutory scheme now embodied N.Y. trary, where a constitutional have subjects; powers. al the matters been wide from statutory coverage.” tucky clearly 81], regulation, ‘separated’ tained incapable U.S. hibited tained ern How What If the condemned the statute the same provision, rel. Section all Constitution, enacting legislature hold subjects Line laudable statute. supra; 80, 89, of the scheme intact” as in if this is [211 it statute. Alpha only only 1044); parts then ‘separable’ as unconstitutional properly invalid it separate embodies and completely destroys their subjects will not survive the excision Packet of. intends to make such when the intent, cases 94-b, nontaxable happens left of majority U.S. ‘provided the clause with Huntington v. are severable’ N.E. state, of a 24 L.Ed. indicated application, comprehending prohibition, P. general the statutes the statute valid if that re- as it was before 1936. find the valid done, the unconstitutional would terms parts parts out as that C. saved, it does cited, saved and Company which is heré so mani- 202, supra. forbidden, tax, (Berea College as well as reasonably Company Knapp, 230 parts gone 30 L.Ed. subject 29 S.Ct. legislature scheme strike merely properties covered 377) and although contained provision give preserves allowed to remain part prohibition, allowed and are stricken out considered have enacted it like (Keokuk ; unconstitution of its Court Worthen out and hold leave the “es it; separable apparent it regulation been released all such by reason of effect properties statute; 588], supra). On the many more, will be Keokuk, the scheme in the stat- permissible that courts will be re parts amends said here has been intended material effective enacting approve v. Ken the es- People part matter North rules have This con [120 pro re as is the “essence of that what embodies ? scheme intact” thing short, the is one as it statute parts strike the condemned stands. To out something quite change the statute to

different. For the Court to strike out thereby change the stat- demned or con- something into not intended

ute templated by legislature in 1936 and legislation. It judicial on 1939 borders judicial an invasion legis- governmental field reserved power. lative Legisla- saying is in effect that it the statute

ture that it cannot have in 1936 deliberately created amendment in 1939 further re-enactment have, have, change, it can and must approves salu- Court as statute legislature tary but which the de- statute liberately discarded abandoned legislature when the It matters repeal it has meets court-

next approved statute enact such pleases. during no less invasion

the interim. passing a state a state court This is not challenged violating state

constitution. This is a court invoked to deter- federal

mine whether not a state statute vio- lates the Constitution. cannot in majority writer concur a unity holds that the statute is inseparable, is unconstitutional and

void and its enforcement should be re-

strained.

THE SWIFTARROW.

BROWN v. C. D. MALLORY & CO. et al.

No. 45. Court, Pennsylvania. E. D.

July 31,

Case Details

Case Name: Reitz v. Mealey

Court Name: District Court, N.D. New York

Date Published: Aug 14, 1940

Citation: 34 F. Supp. 532

Docket Number: 28886

Court Abbreviation: N.D.N.Y.