Report of the ... Annual Meeting of the North Carolina Bar Association, Svazek 10Seeman Printery., 1908 |
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Strana 8
... tion which you have welcomed this evening represents the most important and influential institution in the social system of our Government - the Lawyer . In every period of our history , at all times , and in every emergency , the ...
... tion which you have welcomed this evening represents the most important and influential institution in the social system of our Government - the Lawyer . In every period of our history , at all times , and in every emergency , the ...
Strana 17
... tion of the constitutionality of the act of the North Carolina legislature fixing rates for the transportation of passengers and freight within the state ? The constitution of the United States was meant to be permanent , it was ...
... tion of the constitutionality of the act of the North Carolina legislature fixing rates for the transportation of passengers and freight within the state ? The constitution of the United States was meant to be permanent , it was ...
Strana 20
... tion . It is a proposition too plain to be contested , that the constitution controls any legislative act repugnant to it or that the legislature may alter the constitution by an ordinary act . Between these alternatives there is no ...
... tion . It is a proposition too plain to be contested , that the constitution controls any legislative act repugnant to it or that the legislature may alter the constitution by an ordinary act . Between these alternatives there is no ...
Strana 24
... tion itself decides , also , by declaring that the judicial power shall extend to all cases arising under the Con- stitution and laws of the United States . ' These two provisions , sir , cover the whole ground . They are , in truth ...
... tion itself decides , also , by declaring that the judicial power shall extend to all cases arising under the Con- stitution and laws of the United States . ' These two provisions , sir , cover the whole ground . They are , in truth ...
Strana 26
... tion of controversies between citizens of different states , where the jurisdictional amount is involved , or where the case itself arises under the Constitution or laws of the United States . Cases are held to arise under the ...
... tion of controversies between citizens of different states , where the jurisdictional amount is involved , or where the case itself arises under the Constitution or laws of the United States . Cases are held to arise under the ...
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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...