Annals of the American Academy of Political and Social Science, Volume 52A.L. Hummel, 1914 - Political science |
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Page 3
... The object of such legislation is to restore a choice by the electorate by depriving the extra - legal government of its predominant influence in judicial elections . The means adopted to METHODS OF SELECTING AND RETIRINg Judges 3.
... The object of such legislation is to restore a choice by the electorate by depriving the extra - legal government of its predominant influence in judicial elections . The means adopted to METHODS OF SELECTING AND RETIRINg Judges 3.
Page 4
predominant influence in judicial elections . The means adopted to deprive the extra - legal government of its influence is to take from it the use of the party circle and the party column . It may safely be predicted of such ...
predominant influence in judicial elections . The means adopted to deprive the extra - legal government of its influence is to take from it the use of the party circle and the party column . It may safely be predicted of such ...
Page 5
... means for reducing the influence of the appointing power of the politocrats . It has been suggested that the bar association should be given power to place upon the official ballot a bar association ticket upon which might appear ...
... means for reducing the influence of the appointing power of the politocrats . It has been suggested that the bar association should be given power to place upon the official ballot a bar association ticket upon which might appear ...
Page 10
... means a life tenure . Hence the real objection to the appointment of judges as such is that when appointed they have held office for life . The entire objection , therefore , to appointment may be met by limit- ing the tenure of the ...
... means a life tenure . Hence the real objection to the appointment of judges as such is that when appointed they have held office for life . The entire objection , therefore , to appointment may be met by limit- ing the tenure of the ...
Page 11
... means whereby an influence of the politocrats upon the judiciary could be continuously maintained . It is , however , a grave mistake to suppose that judges exercise their judicial power in a distasteful and arbitrary manner merely ...
... means whereby an influence of the politocrats upon the judiciary could be continuously maintained . It is , however , a grave mistake to suppose that judges exercise their judicial power in a distasteful and arbitrary manner merely ...
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Popular passages
Page 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.
Page 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.
Page 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.
Page 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...
Page 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,
Page 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...
Page 202 - ... body politic or corporate, therein stated or alleged to be injured or damaged or intended to be injured or damaged...
Page 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...
Page 72 - The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the transfer wrongful...
Page 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...