Proceedings of the ... Annual Meeting of the Indiana State Bar Association
Indiana State Bar Association, 1899
Cumulative lists of papers and addresses in volumes for 1910-24.
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according action Allen annual appeal authority Bar Association bench called capital character Charles charters CIRCUIT citizen City civil combinations commerce Committee common congress consideration Constitution contract corporations COUNTY court decided decision determine doctrine duty election Evansville evidence executive exercise fact Federal force Fort Wayne Frank George give given granted hand held Henry human Indiana Indianapolis Marion interest James John Joseph judge judgment judicial judiciary jury justice King Kokomo lawyer legislative Legislature liberty limitations matter meeting ment Michigan natural opinion party passed persons political position practice present President question reason regulate require respect result Robert rule Samuel Secretary South Bend statute Stuart Supreme Court Taylor thing Thomas tion trial United verdict void Wabash Wayne William
Էջ 135 - That government can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
Էջ 138 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation Opinion of the Court to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution.
Էջ 136 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.
Էջ 62 - Patience and gravity of hearing is an essential part of justice; and an over-speaking 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 4 information by questions, though pertinent.
Էջ 128 - Commerce succeeds to manufacture, and is not a part of it. The power to regulate commerce is the power to prescribe the rule by which commerce shall be governed, and is a power independent of the power to suppress monopoly. But it may operate in repression of monopoly whenever it comes within the rules by which commerce is governed or whenever the transaction is itself a monopoly of commerce.
Էջ 16 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution can be valid.
Էջ 127 - Doubtless the power to control the manufacture of a given thing involves in a certain sense the control of its disposition, but this is a secondary and not the primary sense; and although the exercise of that power may result in bringing the operation of commerce into play, it does not control it, and affects it only incidentally and indirectly. Commerce succeeds to manufacture, and is not a part of it.
Էջ 23 - Government. The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of THE COMMONWEALTH OF MASSACHUSETTS.
Էջ 1 - The association shall meet annually at such time and place as the executive committee may select, and those present at such meeting shall constitute a quorum.
Էջ 126 - When the commerce begins is determined, not by the character of the commodity, nor by the intention of the owner to transfer it to another state for sale, nor by his preparation of it for transportation, but by its actual delivery to a common carrier for transportation, or the actual commencement of its transfer to another state.