 | Joseph Henry Beale - 1915 - 844 страница
...and ordain its punishment. It is said, that notwithstanding this rule, the intention of the lawmaker must govern in the construction of penal, as well as other statutes. This is true. But this is not a new independent rule which subverts the old. It is a modification of... | |
 | Homer Richey, Daunis McBride - 1916 - 858 страница
...49 L. Ed. 363, 25 S. Ct. 158, the court said: "Moreover, it is settled that 'though penal laws are to be construed strictly, yet the intention of the...to defeat the obvious intention of the legislature: United States v. Lacher, 134 US 624, 33 L. Ed. 1080, 10 S. Ct. 625. In that case we cited and quoted... | |
 | United States - 1916 - 1266 страница
...US (L. ed.) 37, above cited, Chief Justice Marshall merely said that " the intention of the lawmaker must govern in the construction of penal as well as other statutes," and that penal laws " are not to be construed so strictly as to defeat the obvious intention of the legislature."... | |
 | 1916 - 486 страница
...statute, its language must authorize us to say so. * * * though penal laws are to l>e construed strictly they are not to be construed so strictly as to defeat the obvious intention of the legislature : * * * nothing is to be regarded as included within them that is not within their letter as well as... | |
 | Otis Beall Kent - 1919 - 328 страница
...Co., 196 US, 1. Supreme Court, December 19, 1904. Moreover, it is settled that " though penal laws are to be construed strictly, yet the intention of the...the obvious intention of the legislature " (US v. Lacher, 134 US, 624). — Fuller, Chief Justice, pages 17-18. Johnson v. Southern Pacific Co., 117... | |
 | 1919 - 744 страница
...United States v. Lacher. 134 US 624, 10 Sup. Ct. 625, 33 L. Ed. 1080, said: "Though penal laws are to be construed strictly, yet the Intention of the...defeat the obvious intention of the Legislature." The court quoted also the language of Mr. Justice Story which is found in the opinion of Judge Deady... | |
 | 1910 - 820 страница
...derogation of the common law are to be construed strictly, and not extended beyond their plain meaning, yet the intention of the Legislature must govern in...to defeat the obvious intention of the Legislature. United States v. Lacher, 134 US 624, 10 Sup. Ct. 625, 33 L. Ed. 1080 ; United States v. Dillin (Sixth... | |
 | 1920 - 1280 страница
...opinion treated this contention lightly, as It deserved to be, saying: "Even a penal law should not be construed so strictly as to defeat the obvious intention of the Legislature. American Fur. Co. v. US, 2 Pet. 358 [7 L. Ed. 450]. 'And' and 'or' are convertible, as the sense of... | |
 | Missouri. Supreme Court - 1921 - 884 страница
...so to construe it as not to defeat a plain and proper legislative intent. "But though penal laws are to be construed strictly, yet the intention of the...defeat the obvious intention of the Legislature." FULLER, CJ, in the United States v. Lacher, 134 US 1. c. 628.] . Alexander v. Milwaukee Ry. Co. The... | |
 | United States. Supreme Court - 1921 - 1160 страница
...Justice Marshall, speaking for the court, said that "though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature. The maxim is not to he so applied as to narrow the words of the statute to the exclusion of cases which... | |
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That, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature. 
