necessary

Such a law, even though enacted pursuant to a valid state interest, bears a heavy burden of justification, as we have said, and will be upheld only if it is necessary, and not merely rationally related, to the accomplishment of a permissible state policy.

Necessary is often employed as a term somewhat analogous to "expedient," or "appropriate," or "reasonably convenient." 115 la. 734.

Reasonably convenient. Alabama & V. Ry. Co. v. Odeneal, 73 Miss. 34, 19 South. 202. Tills word lias great flexibility of meaning. It is used to express mere convenience, or that which is indispensable to the accomplishment of a purpose, St. Louis, J. & C. U. Co. v. Trustees, 43 111. 307. It frequently imports no more than that one thing is convenient, or useful, or essential to another; Mc Culloch v. Maryland, 4 Wheat (U. S.) 414, 4 L. Ed. 579. As used in a code exempting the wages of a laboring man when necessary for the support of his family in whole or in part, it does not mean that his wages must be absolutely indispensable to the bare subsistence of the family and that the family could not live without them, but is used in a broader and less rigid sense looking rather to the comfort and well being of the family, and contemplates the furnishing to it whatever is necessary to its comfort and well-being as distinguished from luxuries. Cushing v. Quigley, 11 Mont. 577, 29 Pac. 337. Witness fees are not necessary disburse merits where witnesses were not called at the trial, unless the party shows why he did not call them; Kohn v. R. Co., 8 Mlsc. 421, 28 N. Y. Snpp. 663. Necessary material for the construction of a railroad includes the railroad as a completed structure, station buildings, depots, machine shops, side tracks, turn outs, and water tanks. U. S. v. R. Co., 150 U. S. 1, 14 Sup. Ct. 11, 37 L. Ed. 975. Necessary help. A physician may be appointed by a warden of a state prison under Necessary implication. In construing a will, not a natural necessity, but so strong a probability that a contrary construction cannot be supported. 1 V. & B. 466. See Eminent Domain.

Indispensably requisite; in a sense less strict, needful, requisite, incidental, useful or conducive to. Necessary domicil: that kind of domicil which exists by operation of law, as distinguished from domicil of choice. Tn Scots law. Necessary intromission: intromission or interference for preservation where a husband or wife continues in possession of the other's goods after the decease of the other.

As used in jurisprudence, the word “necessary” does not always import an absolute physical necessity, so strong that one thing, to which another may be termed “necessary,” cannot exist without that other. It frequently imports no more than that one thing is convenient or useful or essential to another. ‘To employ the means necessary to an end is generally understood as employing any means Caleulaied to produce the end, and not as being confined to those single means without which the end would be entirely unattainable. 4 Wheat. 316, 413.

Frequently imports no more than convenient, essential, or useful to some end in view. The term admits of degrees: a thing may be necessary, very necessary, or absolutely necessary.''' To employ "means necessary to an end" is generally understood as meaning to employ means calculated to produce the end, not as being confined to some single means without which the end would be unattainable. 2 It is in the looser sense that the word is used in Art. I, sec. 8, el. 8, of the Constitution, empowering Congress to pass laws " necessary and proper " for carrying its express provisions into efLCCt. When the framers intended an indispensable necessity, as in Art. X, sec. 1, they coupled the word "absolutely" with it.^ See Constitution. What is " necessary to the beneficial enjoyment of an estate " cannot reasonably be held to be limited to absolute physical necessity, but to what is reasonably necessary.* '• Necessary help " for the warden of a prison includes the services of a physician. < A statute exempting from execution "necessary household furniture " includes more articles than such as are absolutely indispensable,— articles which, to the common understanding, are required for comfort and convenience. But " necessary " is not to have the liberal sense given it in the rule as to " necessaries," * q. V. " Necessaiy implication," in construing a will, means so strong a probabilit.7 of intention that an intention contrary to that imputed cannot be sup- 1 Hubbard v. Eoach, 9 Biss. 376-77 (1880), Dyer, J. "M'Cu Uooh V. Maryland, 4 Wheat. 413 (1819), Marshall. C. J.; Legal Tender Case, 110 U. S. 440 (1884); 83 Ind. 14.S^5; 47 N. J. L. 3»-3?. a Pettingill v. Porter, 8 Allen, 6 (1864). * State V. Hobart, 13 Nev. 420 (1878). 6 Hitchcock V. Holmes, 43 Conn. 529 (1876). « [Wilkinson v. Adam, 1 Ves. & B. *406 (1812). See Referring to taking private property for public uses, "necessary" means expedient. ' In a statute requiring a railroad to construct a farm-crossing when " necessary " for the use of the proprietors of adjoining lands, held equivalent to " reasonably convenient." 2 "Necessary repairs" to a vessel means such as are reasonably proper under the circumstances; not merely such as are indispensable for the safety of the ship or the accomplishment of the voyage.^ See Baggage; Necessity; Sunday.