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Report No. 60

13.7. Broad principles referred to in U.S.A.-

In the U.S.A. the broad principles as to divisibility or indivisibility were at first referred to only in Mr. Justice Sutherland's opinion1 in an early case, and these have gradually come to be accepted by the entire Court. Mr. Justice Butler mentioned them in Champlin Refining Co. v. Corporation Commission,(1932) 286 US 210 (234). Mr. Justice Roberts relied upon them in the Railroad Retirement case, (1929) 278 US 235. and in the Carter v. Carter Coal Co., (1936) 298 US 238 (312, 321, 334)., even the dissenting Justices seemed to approve of them.

1. Williams v. Standard Oil Co.,

General Clauses Act, 1897 Back

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