Report of the ... Annual Meeting of the North Carolina Bar Association, Svazek 10Seeman Printery., 1908 |
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Strana 7
... thought it best to offer this explanation at the out - set , and thus forestall any perplexity in the minds of my hearers as to the reason of my selection for this duty . The kindly welcome which you have so eloquently extended upon ...
... thought it best to offer this explanation at the out - set , and thus forestall any perplexity in the minds of my hearers as to the reason of my selection for this duty . The kindly welcome which you have so eloquently extended upon ...
Strana 18
... thought to be ; whether a mere compact or treaty between sovereign states , open to question and to be annulled at the pleasure of any one of them , and from which any state might withdraw when it felt itself aggrieved for any cause ...
... thought to be ; whether a mere compact or treaty between sovereign states , open to question and to be annulled at the pleasure of any one of them , and from which any state might withdraw when it felt itself aggrieved for any cause ...
Strana 29
... thought they ought to have been , but I believe as time passes on the people , and more particularly the legal profession , will see that they have been settled right . THE PRESIDENT : Gentlemen of the Association the meeting is now ...
... thought they ought to have been , but I believe as time passes on the people , and more particularly the legal profession , will see that they have been settled right . THE PRESIDENT : Gentlemen of the Association the meeting is now ...
Strana 32
... thought in Judge Connor's address , although delivered under con- straint . ( The Secretary . ) Mr. Justice H. G. Connor here preceded his remarks as follows : Mr. President , Gentlemen of the Bar Association , Ladies and Gentlemen : I ...
... thought in Judge Connor's address , although delivered under con- straint . ( The Secretary . ) Mr. Justice H. G. Connor here preceded his remarks as follows : Mr. President , Gentlemen of the Bar Association , Ladies and Gentlemen : I ...
Strana 33
... thought of the people . They will be regarded as " things fixed , " as landmarks not to be removed , or , save in response to some over - ruling necessity , weakened . Mr. Bryce , in his American NORTH CAROLINA BAR ASSOCIATION . 33.
... thought of the people . They will be regarded as " things fixed , " as landmarks not to be removed , or , save in response to some over - ruling necessity , weakened . Mr. Bryce , in his American NORTH CAROLINA BAR ASSOCIATION . 33.
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__Wake action adjournment amendment annual meeting appointed Asheville Buncombe Asso attorney Bar of North 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 favor Fayetteville Gentlemen Gilliam Goldsboro Greensboro HARRY SKINNER HAYWOOD PARKER Henderson Hendersonville Honor humor James Madison Leach Judge judicial jury justice Law Reform lawyer Legislation and Law legislature liberty 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 STEPHEN MCINTYRE Superior Court supreme law Tarboro thereof tion Transylvania trial truth United W. D. PRUDEN Waynesville Williamston Wilmington New Hanover Winston 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...