 | Ohio. Courts - 1912 - 740 страница
...relation to Section 3617. That is. where power is given to public officers by act of the Legislature, whenever the public interest or individual rights...used, though permissive in form is in fact peremptory and permits of no discretion. Supervisors v. United States, 4 Wall, 435-445-446-447 ; Mason v. Fearson,... | |
 | 1914 - 1398 страница
...bids. Where power Is given to public officers, and the public Interest or Individual rights called for its exercise, the language used, though permissive in form, is In fact peremptory, and the intent of the Legislature In such cases is not to declare a mere direction, but to Impose a... | |
 | 1914 - 1370 страница
...indebtedness, the language was peremptory. Where power is given to public officers in such IanMAT MAT guage, If the public interest or Individual rights call for its exercise, the language, though permissive In form, is in fact peremptory, and what they are empowered to do for a third person... | |
 | Idaho. Supreme Court - 1915 - 922 страница
...1, 72 NW 797.) "Where power is given to public officers, whenever public or individual right calls for its exercise, the language used, though permissive in form, is in fact peremptory. In all such cases it is held that the intent of the legislature was not Argument for Respondent. to... | |
 | William Henry Harris - 1917 - 496 страница
...accompanies the grant of power, and, as he contends, qualifies it to the extent assumed in his argument." "The conclusion to be deduced from the authorities...that where power is given to public officers, in the Ian, 182b WHEN AUTHORITY IMPLIES. guage of the, act before us, or in equivalent language — whenever... | |
 | 1918 - 1322 страница
..."The board of supervisors * * * may, if deemed advisable, levy a special tax. * * * " The court said: "The conclusion to be deduced from the authorities...is given to public officers, in the language of the acts before us, or in equivalent language, whenever the public interest or individual rights call for... | |
 | United States. Navy. Office of the Judge Advocate General - 1921 - 686 страница
...third persons or the public good requires." (48 Mo., 390. 8 Am. Rep., 108.) 14 JAG, 62, Nov. 3, 1908. "The conclusion to be deduced from the authorities is that where power is g*ven to public officers, * * * whenever the public interest or individual rights call for its exercise,... | |
 | United States. Claims Board. Appeal Section - 1921 - 1160 страница
...said in Rock Island County v. United States, 4 Wall., 435 : "Where power is given to a public officer, the language used, though permissive in form, is, in fact, peremptory. What he is empowered to do for a third person the law requires shall be done. * * * The power is placed... | |
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The conclusion to be deduced from the authorities Is that where power Is given to public officers, In the language of the act before us, or in equivalent language,— whenever, the public Interest or Individual rights call for Its exercise, — the language... 
