Annals of the American Academy of Political and Social Science, Volume 52A.L. Hummel, 1914 - Political science |
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... POLICE AND THE ADMINISTRATION OF JUSTICE .... George H. McCaffrey , Harvard University 56 THE USE OF THE PARDONING POWER ... 61 William W. Smithers , Of the Philadelphia Bar ; author of Executive Clemency in Pennsylvania UNIFORM ...
... POLICE AND THE ADMINISTRATION OF JUSTICE .... George H. McCaffrey , Harvard University 56 THE USE OF THE PARDONING POWER ... 61 William W. Smithers , Of the Philadelphia Bar ; author of Executive Clemency in Pennsylvania UNIFORM ...
Page 25
... police power " decisions . Why and When Necessary In a certain class of important cases there may be , under the constitution of every state in the Union , a conflict of authority between the legislature and the courts . Under the ...
... police power " decisions . Why and When Necessary In a certain class of important cases there may be , under the constitution of every state in the Union , a conflict of authority between the legislature and the courts . Under the ...
Page 27
... police power " is a subject quite vague in the minds of laymen and none too clearly understood by many lawyers . What the Police Power Is When a people write a constitution they create the machinery of government . They establish a ...
... police power " is a subject quite vague in the minds of laymen and none too clearly understood by many lawyers . What the Police Power Is When a people write a constitution they create the machinery of government . They establish a ...
Page 29
... police power " -the power of the state to pass and enforce laws which are neither specifically author- ized nor prohibited in the state constitution , but which are in aid of the general welfare . If , for example , the state supreme ...
... police power " -the power of the state to pass and enforce laws which are neither specifically author- ized nor prohibited in the state constitution , but which are in aid of the general welfare . If , for example , the state supreme ...
Page 30
... police power " cases a conflict between two arms of government and only the people who made both can decide which is right . Furthermore since the whole question at issue is : What is demanded by the prevailing morality ? -how could the ...
... police power " cases a conflict between two arms of government and only the people who made both can decide which is right . Furthermore since the whole question at issue is : What is demanded by the prevailing morality ? -how could the ...
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accused administration of justice advocate amendment American American Bar Association appeal appointment arrested Bar Association causes chapters charged Chicago chief justice Company constitution convicted corn laws counselor crime criminal law Criminology days Loitering defendant discussion district attorney division electorate English evidence extra-legal government fact federal foreman freight G. P. Putnam's Sons grand jury Harrison Gray Otis immigrant indictment individual innocent institution interest interpretation judges judicial jurisdiction jurors juvenile court labor lawyers legislation legislature matter ment method metropolitan district night court Octavia Hill offense opinion organization party persons Philadelphia police political politocrats popular practice present Price problems procedure punishment question railroad railway reform relations result rules secure selection social society statistics statutes suggested supreme court theory tion trial United University of Pennsylvania volume witnesses Workhouse York
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...