Annual Report of the American Bar Association: Including Proceedings of the ... Annual Meeting, Volumen15Headquarters Office, 1892 |
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Página 28
... jurisdictions ? A treaty is not unilat- eral . The citizens of the United States have rights under this particular treaty as well as the subjects of the Italian king ; and may it not fairly be said that while it is the treaty right of ...
... jurisdictions ? A treaty is not unilat- eral . The citizens of the United States have rights under this particular treaty as well as the subjects of the Italian king ; and may it not fairly be said that while it is the treaty right of ...
Página 31
... jurisdictions what would be the result of having one class of citizens liable to be tried twice for offenses against subjects of treaty powers , one in each of two jurisdictions , and other citizens for offenses against our own citizens ...
... jurisdictions what would be the result of having one class of citizens liable to be tried twice for offenses against subjects of treaty powers , one in each of two jurisdictions , and other citizens for offenses against our own citizens ...
Página 32
... jurisdiction , so that a man may be hung in one State or imprisoned for life in another for murder , or he may be whipped in one State and imprisoned in another for the same crime of a lower grade . It would seem that these practical ...
... jurisdiction , so that a man may be hung in one State or imprisoned for life in another for murder , or he may be whipped in one State and imprisoned in another for the same crime of a lower grade . It would seem that these practical ...
Página 33
... jurisdiction of the Federal courts is unwise . The expansion of the commercial and general welfare clauses has so alarmed judges and lawyers that the tide which ran so long in the direction of increased jurisdiction has turned towards ...
... jurisdiction of the Federal courts is unwise . The expansion of the commercial and general welfare clauses has so alarmed judges and lawyers that the tide which ran so long in the direction of increased jurisdiction has turned towards ...
Página 34
... jurisdiction by the State courts , as they seem to have done , and were content to leave it with the State courts , is there anything in the history of the administration of justice in the States during the last century which should ...
... jurisdiction by the State courts , as they seem to have done , and were content to leave it with the State courts , is there anything in the history of the administration of justice in the States during the last century which should ...
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Página 265 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Página 265 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited *and acts allowed, are of equal obligation.
Página 407 - The citizens or subjects of each of the High Contracting Parties shall receive, in the territories of the other, the most constant protection and security for their persons and property...
Página 266 - Generally it is for the Legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort, and safety, and while its measures are calculated, intended, convenient and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts.
Página 256 - There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.
Página 254 - The fundamental maxims of a free government seem to require, that the rights of personal liberty and private property should be held sacred. At least no court of justice in this country would be warranted in assuming, that the power to violate and disregard them, a power so repugnant to the common principles of justice and civil liberty, lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not to be...
Página 94 - This Constitution may be altered or amended by a vote of three-fourths of the members present at any Annual Meeting, but no such change shall be made at any meeting at which less than thirty members are present. . CONSTRUCTION. Article XI. — The word "State," whenever used in this Constitution, shall be deemed to be equivalent to State, Territory, and the District of Columbia.
Página 255 - SECTION 1. The Legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California...
Página 247 - All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal.
Página 213 - I can see, the most wonderful Work ever struck off at a given time by the brain and purpose of man.