Pennsylvania Bar Association. Meeting. Report of the ... Annual Meeting ..., Volume 20The Association, 1914 - Bar associations |
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Act of April action Admission Admitted affidavit of defence Allegheny Allegheny County amendment American Bar Association Annual Meeting appointed BASEHORE Bedford Bench Berks By-Laws Chairman CHARLES Chestnut street Chief Justice City Clearfield Clearfield County COLAHAN Commission Commissioners Common Pleas Commonwealth Congress Constitution COUNTY BAR Dauphin Dauphin County defendant District Duly seconded duty EDWARD EDWIN elected Erie Erie County Estate Trust Building Executive Committee FRANCIS FRANK Franklin Frick Building GEORGE GEORGE W Harrisburg HENRY HENSEL JAMES JOHN JOSEPH judicial judiciary June jurors jury King Lackawanna Lancaster Land Title Building lawyers legislation Legislature London Luzerne Lycoming ment mittee Northampton Pennsylvania Bar Association Philadelphia Philadelphia County Pittsburgh plaintiff practice President profession question Reading roads ROBERT SAMUEL SAMUEL E Secretary SECTION SMITH SOCIATION Special Committee STAAKE Statutes Stephen Girard Supreme Court THOMAS tion township trial Warren Washington Wilkes Barre WILLIAM H York
Popular passages
Page 50 - The Constitution is either a superior paramount law unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and like other Acts is alterable when the Legislature shall please to alter it. If the former part of the alternative be true then a legislative Act contrary to the Constitution is not law. If the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 51 - 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 44 - Nay, more, if the whole Legislature, an event to be deprecated, should attempt to overleap the bounds prescribed to them by the people, I, in administering the public justice of the country, will meet the united powers at my seat in this tribunal and, pointing to the constitution, will say to them, here is the limit of your authority, and hither shall you go, but no further.
Page 50 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on...
Page 282 - Constitution simply because the classification "is not made with mathematical nicety or because in practice it results in some inequality.
Page 22 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short; or to prevent information by questions, though pertinent.
Page 282 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 283 - A finding without evidence is arbitrary and baseless. And if the Government's contention is correct, it would mean that the Commission had a power possessed by no other officer, administrative body, or tribunal under our Government. It would mean that where rights depended upon facts, the Commission could disregard all rules of evidence, and capriciously make findings by administrative fiat.
Page 287 - Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations, and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers, and effects against all unreasonable searches and seizures under the guise of law.
Page 51 - 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. This doctrine would subvert the very foundation of all written constitutions.