 | Emlin McClain - 1900 - 1134 էջ
...or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a ny"! McClai ' jndge of the existence of those facts. And in the present case we are all of opinion that such is the... | |
 | John Lilburn Thomas - 1900 - 392 էջ
...officers; and in such case, as in all others, in which a Statute gives a discretionary power to an officer to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless... | |
 | Iowa. General Assembly - 1902 - 1294 էջ
...prisoners from another state. In Martin v. Matt, 18 Wheaton 31, it is said by Mr. Ju-tice Story thit "Whenever the statute gives a discretionary power...him the sole and exclusive judge of the existence of these facts." Having thus found that the power to manage, control and govern the penitentiaries of... | |
 | Charles Henry Butler - 1902 - 808 էջ
...officers; and in such case, as in all others, in which a statute gives a discretionary power to an officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless... | |
 | Charles Henry Butler - 1902 - 876 էջ
...discretionary power to an officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless expressly authorized by law to do so, is at liberty to re-examine or controvert... | |
 | United States. Supreme Court - 1903 - 996 էջ
...President, by virtue of the power conferred by the first clause; and the court said, that, "whenever a statute gives a discretionary power to any person...exclusive judge of the existence of those facts." The grounds upon which that opinion is maintained are set forth in the report, and we think are conclusive.... | |
 | United States. Adjutant-General's Office, Frederick T. Wilson - 1903 - 408 էջ
...by the President by virtue of the power conferred by the clause, and the court said that "whenever a statute gives a discretionary power to any person,...exclusive judge of the existence of those facts." The grounds upon which that opinion is maintained are set forth in the report, and, we think, are conclusive.... | |
 | United States. Department of the Treasury - 1940 - 488 էջ
...Inc., 272 IT. S. 1. As stated by Mr. Justice Story in Martin v. Molt, supra, pp. 31-32: "Whenever a statute gives a discretionary power to any person,...exclusive judge of the existence of those facts." For the judiciary to probe the reasoning which underlies this Proclamation would amount to a clear... | |
 | Frank J. Goodnow - 1905 - 530 էջ
...officers, and in such a case, as in all others in which a statute gives a discretionary power toan officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless... | |
 | Frank J. Goodnow - 1905 - 524 էջ
...discretionary power toan officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless expressly authorized by law to do so, is at liberty to re-examine or controvert... | |
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Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts. 
