The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means ; and those who contend that it may not select any appropriate means, that... Reports ... Proceedings - Page 77by Ohio State Bar Association - 1915Full view - About this book
| Alonzo Barton Hepburn - Coinage - 1915 - 582 pages
...depends, must also be entrusted with ample means for their execution. . . . "The government which has a right to do an act, and has imposed on it the duty...contend that it may not select any appropriate means, th..i one particular mode of effecting the object is excepted, take upon themselves the burden of establishing... | |
| Felix Frankfurter - Interstate commerce - 1915 - 736 pages
...the duty of performing that act, must, according to the dictates of reason, be allowed to select t,hp means; and those who contend that it may not select...themselves the burden of establishing that exception." 4 Wheat. 316, 409. The test of the power of Congress is not the judgment of the courts that particular... | |
| Albert Bushnell Hart - United States - 1916 - 398 pages
...constitution or laws of any state to the contrary notwithstanding." . . . The government which has a right to do an act, and has imposed on it the duty...that one particular mode of effecting the object is expected, take upon themselves the burden of establishing that exception. . . . The subject is the... | |
| United States. Congress. Senate. Committee on Irrigation and Reclamation - Irrigation - 1916 - 144 pages
...quotation from the opinion of Chief Justice Marshall: The Government which has n right to do nn net and has Imposed on it the duty of performing that...means; and those who contend that it may not select nny appropriate means, that one particular mode of effecting the object is excepted, take upon themselves... | |
| William Frederick Notz, Richard Selden Harvey - Antitrust law - 1921 - 620 pages
...chartered privileges. The Chief Justice (page 409) states the keynote of his famous ruling in these words: "The government which has the right to do an act,...themselves the burden of establishing that exception." Which is to say, that granted the constitutionality and legitimacy of the object sought to be attained,... | |
| Lawrence Boyd Evans - Constitutional law - 1925 - 1436 pages
...congress to pass other laws for the accomplishment of the same objects. The government which has a right to do an act, and has imposed on it, the duty...themselves the burden of establishing that exception. The creation of a corporation, it is said, appertains to sovereignty. This is admitted. But to what... | |
| Law - 1916 - 512 pages
...the East conveyed to the West, or that this order should be reversed.** The government which has a right to do an act, and has imposed on it the duty...any appropriate means, that one particular mode of affecting the object is excepted, take upon themselves the burden of establishing that exception.***... | |
| Charles Ellewyin George - Banking law - 1928 - 428 pages
...and has imposed on it the duty of performing that Act, must, according to the dictates of reason, l>e allowed to select the means; and those who contend...themselves the burden of establishing that exception." "The creation of a corporation, it is said, appertains to sovereignty. This is admitted. But to what... | |
| Martin Gustav Glaeser - Public utilities - 1927 - 908 pages
...government, which has the right to do an act has imposed on it the duty of performing that act (and) must, according to the dictates of reason, be allowed...; and those who contend that it may not select any means appropriate, that one particular mode of effecting this object is excepted, take upon them the... | |
| |