State v. Westerfield

3 Citing cases

  1. City of Las Vegas v. Ackerman

    457 P.2d 525 (Nev. 1969)   Cited 15 times
    In City of Las Vegas v. Ackerman, 85 Nev. 493, 457 P.2d 525 (1969), this court not only found the ordinance to be constitutionally sound, but that the electorate of Las Vegas had the power to enact the ordinance in its present form.

    All presumptions are in favor of legislative enactments, whether they flow from the legislative halls or from the electorate through the initiative process. State ex rel. Keyser Elrod v. Hallock, 14 Nev. 202 (1879); Ormsby County v. Kearney, 37 Nev. 314, 142 P. 803 (1914); State v. Com's. Humboldt Co., 21 Nev. 235, 29 P. 974 (1892); State v. Westerfield, 24 Nev. 29, 49 P. 554 (1897). In T. G.R.R. Co. v. Nev. Cal. T. Co., 58 Nev. 234, 75 P.2d 727 (1938), this court said: "There is no better known rule than that every act of the legislature is presumed to be constitutional, unless it be the one to the effect that no act will be held unconstitutional unless it is clearly so."

  2. State v. Lincoln Co. P.D

    60 Nev. 401 (Nev. 1941)   Cited 9 times
    In State v. Lincoln County Power District, 60 Nev. 401, 111 P.2d 528, 530, this court summarily dismissed such contention by reference to a number of instances in which this court had considered such attack upon the title and saw "no reason to review the authorities cited in those cases, or restate the conclusions reached therein," and was simply "content to say that upon the reasoning and authority of those cases" it held the title to the Nevada power district law not constitutionally defective.

    1. Every presumption is in favor of the validity of a statute, Ex parte Goddard, 44 Nev. 128, 190 P. 916, and a statute will always be sustained if there be any reasonable doubt of its unconstitutionality. State v. Westerfield, 24 Nev. 29, 49 P. 554. 2.

  3. Tonopah G.R.R. Co. v. Nev. Cal. T. Co.

    75 P.2d 727 (Nev. 1938)   Cited 5 times
    In T. G.R.R. Co. v. Nev. Cal. T. Co., 58 Nev. 234, 75 P.2d 727 (1938), this court said: "There is no better known rule than that every act of the legislature is presumed to be constitutional, unless it be the one to the effect that no act will be held unconstitutional unless it is clearly so."

    There is no better known rule than that every act of the legislature is presumed to be constitutional, unless it be the one to the effect that no act will be held unconstitutional unless it is clearly so. State v. Board of County Comr's., 21 Nev. 235, 29 P. 974; State v. Westerfield, 24 Nev. 29, 49 P. 554. 3. The title of the act of 1933 reads: "An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, providing for an official inspector and salary and allowances therefor, providing penalties for the violation hereof and other civil actions for the recovery of license fees herein, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters