Annals of the American Academy of Political and Social Science, المجلد 52

الغلاف الأمامي
A.L. Hummel, 1914

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الصفحة 16 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
الصفحة 16 - 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. 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 144 - To save a child from becoming a criminal, or from continuing in a career of crime, to end in maturer years in public punishment and disgrace, the legislature surely may provide for the salvation of such a child, if its parents or guardian be unable or unwilling to do so, by bringing it into one of the courts of the state without any process at all, for the purpose of subjecting it to the state's guardianship and protection.
الصفحة 203 - Every objection to any indictment for any formal defect apparent on the face thereof shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn, and not afterwards...
الصفحة 114 - ... that in all cases of final judgments by said court, or on appeal by the said supreme court, where the same shall be affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims, on presentation to the secretary of the treasury of a copy of said judgment,
الصفحة 203 - Trial shall be had, if it shall consider such Variance not material to the Merits of the Case, and that the Defendant cannot be prejudiced thereby in his Defence on such Merits, to order such Indictment to be amended, according to the Proof...
الصفحة 202 - ... body politic or corporate, therein stated or alleged to be injured or damaged or intended to be injured or damaged...
الصفحة 203 - ... which it may become necessary to amend, on such terms, as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
الصفحة 72 - The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the transfer wrongful...
الصفحة 24 - A sovereign people which declares that all men have certain inalienable rights, and imposes upon itself the great impersonal rules of conduct deemed necessary for the preservation of those rights, and at the same time declares that it will disregard those rules whenever, in any particular case, it is the wish of a majority of its voters to do so, establishes as complete a contradiction to the fundamental principles of our government as it is possible to conceive. It abandons absolutely the conception...

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