Proceedings of the Annual Session of the Bar Association of Tennessee, المجلد 32The Association, 1913 Charter, constitution and by-laws, 1881, contained in the 1883 proceedings. |
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الصفحة 85
... trial you may have the motion Non Obstante Vere- dicto . We also want to make this suggestion , and that is that this committee be instructed to draft , and recommend to the Legisla- ture the passage of an act regulating summonses ...
... trial you may have the motion Non Obstante Vere- dicto . We also want to make this suggestion , and that is that this committee be instructed to draft , and recommend to the Legisla- ture the passage of an act regulating summonses ...
الصفحة 96
... trial , and the presiding judge is of opinion that he is a fair man , then he should be allowed to sit in the jury box . Under the present law all that is necessary is for the defend- ant to commit a crime so atrocious as to shock the ...
... trial , and the presiding judge is of opinion that he is a fair man , then he should be allowed to sit in the jury box . Under the present law all that is necessary is for the defend- ant to commit a crime so atrocious as to shock the ...
الصفحة 98
... trial is all - important in criminal cases , the Supreme Court should be required to call the criminal docket from each county three times every year , instead of once , as under the present constitution . This would not only substitute ...
... trial is all - important in criminal cases , the Supreme Court should be required to call the criminal docket from each county three times every year , instead of once , as under the present constitution . This would not only substitute ...
الصفحة 101
... trial in these trivial cases . Experience in Alabama shows that nine - tenths of these mis- demeanor cases are disposed of by the court without a jury ; but if a jury is called for , then let the court summon six men on the spot . Judge ...
... trial in these trivial cases . Experience in Alabama shows that nine - tenths of these mis- demeanor cases are disposed of by the court without a jury ; but if a jury is called for , then let the court summon six men on the spot . Judge ...
الصفحة 117
... trials except where specially demanded , and then only upon special issues of fact set forth in the pleadings or in the ... trial where the great weight of the evidence is against the verdict or judgment . Let the findings of fact by the ...
... trials except where specially demanded , and then only upon special issues of fact set forth in the pleadings or in the ... trial where the great weight of the evidence is against the verdict or judgment . Let the findings of fact by the ...
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ACT to amend adopted aerial navigation air-ships appointed Assembly Asso Association of Tennessee attorneys authority aviation Bar Association bill Board Bradley Walsh Central Council Chairman Chancellor CHAPTER Chas Chattanooga Chief Justice ciation citizens committee Congress Constitutional Convention Crossville decision declared delegates democracy doctrine duty Elizabethton entitled An Act favor Fayetteville further enacted Governor Greeneville House of Burgesses innocent passage interest J. R. Williams Johnson City Judge Judicial Recall judiciary Knoxville Knoxville Memphis Knoxville Nashville lawyer legislation Legislature liberty license matter Memphis Memphis Memphis Nashville ment Nashville Nashville Memphis nation passed person Peter Jefferson political practice prescribed present President proposition protection question Railroad regulate require Rogersville rules Secretary Senate session Shelby County sovereignty statute streets submitted Supreme Court Tennessee Bar Thomas Jefferson tion tobacco lords Union City United Virginia vote voters
مقاطع مشهورة
الصفحة 191 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
الصفحة 174 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
الصفحة 174 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
الصفحة 175 - It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring that those limits may be passed at pleasure.
الصفحة 174 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on...
الصفحة 174 - If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
الصفحة 174 - 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.
الصفحة 69 - For I dipt into the future, far as human eye could see, Saw the Vision of the world, and all the wonder that would be ; Saw the heavens fill with commerce, argosies of magic sails, Pilots of the purple twilight, dropping down with costly bales ; Heard the heavens fill with shouting, and there rained a ghastly dew From the nations...
الصفحة 175 - 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 30 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.