American and British Claims ArbitrationU.S. Government Printing Office, 1913 |
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الصفحة 2
... ment ground situate within the jurisdiction of the official who issued the licenses and which were set aside for prospecting by the Government or on private lands in accordance with the regulations of the law . " Upon ascertaining that ...
... ment ground situate within the jurisdiction of the official who issued the licenses and which were set aside for prospecting by the Government or on private lands in accordance with the regulations of the law . " Upon ascertaining that ...
الصفحة 3
... ment , caused a draft resolution to be prepared by the Executive Council for approval by the Second Volksraad , whereby after re- ferring to the postponement of the proclamation of the Farm Witfontein and a certain other farm named ...
... ment , caused a draft resolution to be prepared by the Executive Council for approval by the Second Volksraad , whereby after re- ferring to the postponement of the proclamation of the Farm Witfontein and a certain other farm named ...
الصفحة 7
... ment of the Court , as it contained on its back the following en- dorsement : " These claims cannot be renewed as they encroach on the owners and vergunningen claims . " The license , not being subject to renewal by reason of such en ...
... ment of the Court , as it contained on its back the following en- dorsement : " These claims cannot be renewed as they encroach on the owners and vergunningen claims . " The license , not being subject to renewal by reason of such en ...
الصفحة 17
... ment , compact or obligation disentitling him to the protection of the United States in respect to his claim above referred to or otherwise howsoever . 5. That the paper writing now produced and marked “ Exhibit A " to this my affidavit ...
... ment , compact or obligation disentitling him to the protection of the United States in respect to his claim above referred to or otherwise howsoever . 5. That the paper writing now produced and marked “ Exhibit A " to this my affidavit ...
الصفحة 32
... ment proving the necessity of the department proves also the propriety of giving effect to it . " ( Cohens vs. Virginia , 6 Wheat . ) And again : * " The question , whether an act , repugnant to the Constitu- tion , can become the law ...
... ment proving the necessity of the department proves also the propriety of giving effect to it . " ( Cohens vs. Virginia , 6 Wheat . ) And again : * " The question , whether an act , repugnant to the Constitu- tion , can become the law ...
طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
1,200 prospecting claims 19 July 19th July according Affidavit allegations Ameshoff Article Attorney Chief Justice Kotze Claim Inspector claims on Witfontein Clerk at Doornkop Constitution Coster Cross-examined damages declared Defendants diagram district Potchefstroom duly eastern portion Elias Syndicate entitled Esselen Executive Council Resolution EXHIBIT F. J. Oakes farm Witfontein February further Gazette Gold Law Government Grondwet ground High Court Honourable the Second Horak Johannesburg Jorissen Joseph Chamberlain Judges judgment Kotzé Kruger Krugersdorp land late Robert Legislature Luipaards Vlei Main Reef matter memorialist ment Mining Commissioner Mining Engineer Morice Notary Public oath opinion owner pegged persons Plaintiff portion of Witfontein President Pretoria proclaimed portion proclamation prospecting license public digging quartzite R. E. Brown raad Responsible Clerk Rothkugel Second Volksraad setting open South African Republic summons suspended sworn telegram thereof tion Transvaal vergunning claims versus Dr Volksraad resolution W. J. Leyds ward Gatsrand Wessels whereby Wolmarans
مقاطع مشهورة
الصفحة 32 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
الصفحة 33 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
الصفحة 31 - There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of 65 powers, may do...
الصفحة 31 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law.
الصفحة 32 - Those then who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law.
الصفحة 32 - This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It...
الصفحة 31 - A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought of course to be preferred; or in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of...
الصفحة 183 - Pennsylvania, and to all whose acts as such full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere...
الصفحة 181 - Dana, whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a notary public in and for the county of New York dwelling in the said county, commissioned and sworn, and duly authorized to take the same.
الصفحة 33 - As the constitution is the supreme law of the land, in a conflict between that and the laws, either of congress, or of the states, it becomes the duty of the judiciary to follow that only, which is of paramount obligation.