Report of the ... Annual Meeting of the North Carolina Bar Association, Svazek 10Seeman Printery., 1908 |
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Strana 8
... Lawyer . In every period of our history , at all times , and in every emergency , the powerful influence of the lawyer has been seen and felt . The responsibility of preserving securely the functions of law , and respect for judicial ...
... Lawyer . In every period of our history , at all times , and in every emergency , the powerful influence of the lawyer has been seen and felt . The responsibility of preserving securely the functions of law , and respect for judicial ...
Strana 9
... lawyers ; to construct the American constitutions ; the higher praise of the second generation . I claim it in part for the sobriety and learning of the American Bar ; for the professional instinct towards the past : for the ...
... lawyers ; to construct the American constitutions ; the higher praise of the second generation . I claim it in part for the sobriety and learning of the American Bar ; for the professional instinct towards the past : for the ...
Strana 10
... lawyers , and because we are lawyers , we are Statesmen . We are by profession Statesmen . And who may measure the value of this department of public duty ? Doubtless in statesmanship , there are many mansions , and large variety of ...
... lawyers , and because we are lawyers , we are Statesmen . We are by profession Statesmen . And who may measure the value of this department of public duty ? Doubtless in statesmanship , there are many mansions , and large variety of ...
Strana 11
... lawyer , in a recent address said that he hoped the day would come " when we will not have so many men who will sell their souls to make grand larceny possible ; per- haps sometime it will be no less disgraceful for a lawyer to assist ...
... lawyer , in a recent address said that he hoped the day would come " when we will not have so many men who will sell their souls to make grand larceny possible ; per- haps sometime it will be no less disgraceful for a lawyer to assist ...
Strana 12
... lawyer is by training and practice liberal and conservative . When the faults , indiscretions and misconduct of his brother lawyer are brought to his notice , he has given him the benefit of the doubt ( if any , ) and has suffered him ...
... lawyer is by training and practice liberal and conservative . When the faults , indiscretions and misconduct of his brother lawyer are brought to his notice , he has given him the benefit of the doubt ( if any , ) and has suffered him ...
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action adjournment amendment annual meeting appointed Asheville Asheville Buncombe Asso attorney Bar of North Buncombe Bunn By-Laws Carolina Bar Association cause Chairman Charlotte Mecklenburg ciation citizens CLEMENT MANLY client Committee on Legislation constitution counsel County digest disbarred discussion District Durham duty Edenton elected Executive Committee F. H. BUSBEE favor Fayetteville Gentlemen Gilliam Goldsboro Greensboro HARRY SKINNER HAYWOOD PARKER Henderson Hendersonville Honor humor James Madison Leach Judge judicial jury justice Law Reform lawyer legislature Lexington liberty Lumberton MacRae matter membership memorial ment mittee Mocksville Morehead City motion is carried Nash County Newbern North Carolina Bar person political practice present President profession question Raleigh Wake ready to report resolution Robeson County Salisbury say aye session Solicitor statute STEPHEN MCINTYRE Superior Court supreme law Tarboro thereof tion trial truth United vote Williamston Wilmington New Hanover Z. V. WALSER
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Strana 21 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Strana 20 - 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.
Strana 21 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void " This theory is essentially attached to a written constitution, and is consequently to be considered, by this court, as one of the fundamental principles of our society.
Strana 23 - The people, then, Sir, erected this government. They gave it a Constitution, and in that Constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have restrained it to the exercise of such powers as are granted; and all others, they declare, are reserved to the States or the people.
Strana 19 - The question whether an Act repugnant to the Constitution can become the law of the land, is a question deeply interesting to the United States ; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
Strana 24 - Congress; and restrictions on these powers. There are, also, prohibitions on the States. Some authority must, therefore, necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, and prohibitions. The constitution has itself pointed out, ordained, and established that authority. How has it accomplished this great and essential end? By declaring, sir, that " the constitution and the laws of the United States, made in pursuance thereof,...
Strana 21 - 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.
Strana 161 - IN SUPPORTING A CLIENT'S CAUSE. Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause.
Strana 165 - ... the lawyer must be allowed to judge. In such matters no client has a right to demand that his counsel shall be illiberal, or that he do anything therein repugnant to his own sense of honor and propriety.
Strana 6 - Of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world : all things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power...