 | American Philosophical Society - 1921 - Страниц: 666
...the exigency in the first instance and is bound to act according to his belief of the facts. . . . Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." This case applied to the act of 1795 delegating the President power to call forth the militia, but... | |
 | American Philosophical Society - 1921 - Страниц: 646
...the exigency in the first instance and is bound to act according to his belief of the facts. . . . Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." This case applied to the act of 1795 delegating the President power to call forth the militia, but... | |
 | Quincy Wright - 1922 - Страниц: 460
...the exigency in the first instance and is bound to act according to his belief of the facts. . . . Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." This case applied to the act of 1795 delegating the President power to call forth the militia, but... | |
 | Lawrence Boyd Evans - 1925 - Страниц: 1436
...cannot, therefore, be a correct inference, that any other person has a just right to disobey them. n ; and from that number not less than seven, nor more than nine names And in the present case, we are all of opinion, that such is the true construction of the act of 1795.... | |
 | Charles Wesley Tooke - 1926 - Страниц: 1392
...by the enactment of the Ordinances of 1826 and 1848. In Martin v. Mott (12 Wheat. 19), it was held whenever a Statute gives a discretionary power to...and exclusive judge of the existence of those facts. The principle settled in Martin v. Mott, applies with much greater force to the law-making power itself,... | |
 | 1928 - Страниц: 1014
...that he is "necessarily constituted the judge of the existence of the exigency," and proceeded : ' ' Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." As is seen from the previously cited decisions by the highest courts of New York, Massachusetts, Pennsylvania,... | |
 | 1922 - Страниц: 360
...confided by Congress to the President is doubtless of a very high and delicate nature.' " And again : " ' Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts.' " Therefore it is thought that this court should not undertake to make in advance a decision of that... | |
 | 1923 - Страниц: 1020
...exercised by him, upon hid own opinion of certain facts, it is a sound rule of construction, that tne statute constitutes him the sole and exclusive judge of the existence of those facts.'' This elementary doctrine has becfl so long and uniformly followed that it Is unnecessary to support... | |
 | 1894 - Страниц: 1246
...31: "Whenever a statute gives a discretionary power to any person, to be exercised by him upon lus own opinion of certain facts, it is a sound rule of...exclusive Judge of the existence of those facts." We therefore answer said third and last question ш the affirmativ«, CHARLES MATTESON. JOHN H. STDSTESS.... | |
 | United States. Customs Court - 1973 - Страниц: 642
...944, 946 (1940), quoting Mr. Justice Story in Martin v. Mott, 25 US (12 Wheat.) 19, 30 (1827), that "Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." Although this description of discretionary authority was painted by Mr. Justice Story with a broad... | |
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Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts. 
