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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... "
United States Circuit Courts of Appeals Reports: With Key-number Annotations ... - Страница 192
1902
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Statutes and Statutory Construction: Including a Discussion of Legislative ...

Jabez Gridley Sutherland - 1891 - 696 страница
...that it should be exercised in favor of affirmative action." i In another case the same court said : " The conclusion to be deduced from the authorities...the language used, though permissive in form, is in effect peremptory. What they are empowered to do for a third person the law requires shall be done....
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Official Opinions of the Attorneys General of the United States: Advising ...

United States. Department of Justice - 1891
...the rule for the construction of statutory language, permissive or enabling in form, as follows: " The conclusion to be deduced from the authorities...rights call for its exercise — the language used, thongh permissive in form, is in fact peremptory. What they are empowered to do for a third person,...
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Decisions of the Department of the Interior and the General Land ..., Том 12

United States. Department of the Interior - 1891
...the Secretary, the rule being that where power is given to public officers and the public interests or individual rights call for its exercise, the language...though permissive in form, is in fact peremptory, and imposes a " positive and absolnte dnty." Supervisors?'. United States (4 Wall., 435-44(3) ; Endlich...
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The American State Reports: Containing the Cases of General Value ..., Том 28

Abraham Clark Freeman - 1893
...When, by statute, power is given to public officers, and the public interests and individual right* call for its exercise, the language used, though permissive in form, is, in effect, peremptory. STATPTB 13 MANDATORY when it authorizes and empowers a city council to pay certain...
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Reports of Cases Argued and Determined in Ohio Courts of Record ..., Том 22

William John Tossell, Ohio. Superior Courts - 1913
...That is, where power is given to public Montgomery Common Pleas. offices 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. Rf>ck Island (Superv.) v. United States, 71 US (4 Wall.) 435, 445, 446,...
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School Laws of Iowa: From the Code : with Notes, Forms and Decisions for the ...

Iowa - 1897 - 90 страница
...States, in the case of Supervisors v. United States, 4 Wall, 446, says: ' The conclusion to be deducted from the authorities is that where power is given...though permissive in form, is in fact peremptory.' In the case you mention the remedy of the people of the district would be by action of mandamus, and...
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Cases on Selected Topics in the Law of Municipal Corporations

Jeremiah Smith - 1898 - 260 страница
...New York s and in Mason v. Fearson,* the words " it shall be lawful" were held also to be mandatory.6 The conclusion to be deduced from the authorities...public officers, in the language of the act before us, 1 Skinner, 370. 2 2 Salkeld, 609. 8 3 Hill, 614. « 9 Howard, 248. or in equivalent language — whenever...
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Municipal Corporation Cases Annotated: A Collection of All Cases ..., Том 6

Thomas Johnson Michie - 1902
..."The conclusion to be drawn from the authorities is that, where power is given to a public officer, whenever the public interest or individual rights call for its exercise, the language, though permissive in form, is in fact peremptory. What they are empowered to do for a third person...
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Statutes and Statutory Construction: Including a Discussion of ..., Том 2

Jabez Gridley Sutherland - 1904 - 1416 страница
...Mitchell, 92 Wis. Com'rs, 20 Md, 449. of affirmative action."72 In another case the same court said: "The conclusion to be deduced from the authorities...the language used, though permissive in form, is in effect peremptory. What they are empowered to do for a third person the law requires shall be done....
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The York Legal Record, Том 18

1905
...incumbent on the Court. — 76. 305. Where power Is given to public officers, and the public interests or Individual rights call for its exercise, the language...though permissive in form, is in fact peremptory. — Ib. 306. Individual acts, or acts of one or more members of the School Board; or advice and persuasions,...
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