Commissioner of Agriculture. 67 



" Xothing but a clear violation of the constitution, an un- 

 doubted usurpation of power prohibited, will justify declaring 

 an act of the legislative department null and void." — People v. 

 West, 106 N. Y., 293; People v. Killer, 106 N. Y., 321. 



" It is an undoubted right of the Legislature to judge for itself 

 of the character and extent of the danger which is shown to 

 exist, and to apply the remedy by a definite rule of prohibi- 

 tion."— People v. Guard 145 N. Y., 105. 



" It is within the province of the Legislature to determine 

 what laws are needed for the protection of the public, and so 

 long as its measures are calculated and appropriate to accomp- 

 lish that end its discretion may not be reviewed by the 

 Courts."— Colon v. Lisk, 153 N. Y„ 188. 



" Courts should always assume that the Legislature intended 

 by its enactment to promote those ends (the good of protecting 

 the public health and of serving the public comfort and safety), 

 and if the act admits of two constructions, that one should be 

 given to it which sustains it and makes it applicable in further- 

 ance of the public interests." — People ex rel. Nechameus v. Warden, 

 141 N. Y., 536. 



" It has been frequently held and is acknowledged by all 

 •courts, that a statutory enactment will not be declared uncon- 

 stitutional, and therefore void, unless a clear and substantial 

 conflict exists between it and the constitution. It has been 

 further held that every presumption is in favor of constitution- 

 ality; that the case must be practically free from doubt before 

 an act of the Legislature should be declared unconstitutional."— 

 People v. GiUson, 109 N. Y., 397. 



" Statutes should be construed, if possible, so as to avoid 

 absurdity and manifest injustice." 



" They should receive such construction as to render them 

 practicable, just and reasonably convenient." 



" They should be construed to avoid, if possible, constitutional 

 restrictions and understood in a sense within such limitations 

 rather than in conflict with them. 



*' Where a public and beneficial purpose is evident the courts 



