Year Book

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List of members in each volume except 1929/30-1931/32.

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Страница 46 - If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation, for though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time...
Страница 34 - ... for a rule to show cause why a new trial should not be granted...
Страница 40 - In the first view the question of power is an open one, and can be decided without the embarrassments attending the other, arising from the practice of the Government. Although frequently and strenuously attempted, the power to this extent has never been exercised by the Government in a single instance. It does not, in my opinion, possess it; and no bill, therefore, which admits it can receive my official sanction.
Страница 15 - The proceedings of this Committee shall be deemed confidential and shall be kept secret, except so far as written or printed reports of the same shall be necessarily and officially made to the Association.
Страница 47 - But against the dangers of unconstitutional acts which, instead of menacing the vengeance of offended authority, proffer local advantages and bring in their train the patronage of the Government, we are, I fear, not so safe. To suppose that because our Government has been instituted for the benefit of the people it must therefore have the power to do whatever may seem to conduce to the public good is an error into which even honest minds are too apt to fall. In yielding themselves to this fallacy...
Страница 9 - To maintain the honor and dignity of the profession of the law; to increase its usefulness in promoting the due administration of justice ; and to cultivate social intercourse among its members.
Страница 49 - If this mode of legislation is permitted and becomes general, it will soon bring to a close the whole system of representative government which has been so justly our pride.
Страница 33 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms and modes of proceeding In civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time In like causes In the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Страница 43 - It may be that such control would better be exercised in particular instances by the governments of the States, but the people will have the control they need, either from the States or from the National Government; and if the States fail to furnish it in due measure, sooner or later constructions of the Constitution will be found to vest the power where it will be exercised — in...
Страница 46 - The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the Guardian of the Public...

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