 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.  Atlantic Reporter - Página 3281894Vista completa - Acerca de este libro
 | United States. Supreme Court - 1904 - 444 páginas
...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,...the statute constitutes him the sole and exclusive i*«« judge of the existence of those facts. And in the present case, we ' are all of opinion, that... | |
 | William Alexander Duer - 1833 - 264 páginas
...an Act of Congress gives to the President a discretionary power, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction,...and exclusive judge of the existence of those facts ; and it is not considered a valid objection, that such power may be abused ; for there is no power... | |
 | John Marshall - 1839 - 762 páginas
...it. 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,...and exclusive judge of the existence of those facts. And, in the present case, we are all of opinion that such is the true construction of the act of 1795.... | |
 | 1865 - 836 páginas
...* Whenever a statute gives a discretionary power to any person, to bo exercised by him upon his own opinion of certain facts, it is a sound rule of construction...and exclusive judge of the existence of those facts. * • * It is no answer that such power may be abased, for there is no power which is not susceptible... | |
 | Edward Royall Tyler, William Lathrop Kingsley, George Park Fisher, Timothy Dwight - 1865 - 836 páginas
...discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sonnd rule of construction that the statute constitutes...and exclusive judge of the existence of those facts. * * * It is no answer that such power may be abused, for there is no power which is not susceptible... | |
 | 1845 - 436 páginas
...Whenever the law gives to the President a discretionary power, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction,...and exclusive judge of the existence of those facts, and it is not a valid objection that such power may be abused ; for there is no power that is not susceptible... | |
 | Georgia. Supreme Court - 1849 - 714 páginas
...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 exelusive judge of the existence of tliose facts. The principle settled in Martin vs. Mott, applies... | |
 | Benjamin Robbins Curtis, United States. Supreme Court - 1864 - 772 páginas
...a [ * 132 ] 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 statutes constitute him the sole and exclusive judge of the existence of these facts." " Every public... | |
 | JAMES FREEMAN CLARKE - 1863 - 920 páginas
..." wherever 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...exclusive judge of the existence of those facts." Mr. Curtis admits that our Constitution gives to the Commander-in-Chief the power to declare martial... | |
 | Oliver Lorenzo Barbour - 1863 - 732 páginas
...that 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...and exclusive judge of the existence of those facts. The case of Vanderheyden v. Young (11 John. 150) arose under the same act of congress, and was similar... | |
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