 ... by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist...  The North American Review - Page 5541896Full view - About this book
 | Eugene Allen Gilmore, William Charles Wermuth - 1917 - 958 pages
...Milligan, saying, ' ' Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction ; it is also confined to the locality of actual war. ' ' WH McCardle, the editor of a Vicksburg newspaper, was convicted by court martial on the charge... | |
 | American Bar Association - 1917 - 984 pages
...administration. . . . Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." " 4 Wal1. 2, 127. " 4 Wal1. 2. The minority of four Justices, led by Chief Justice Chase, while agreeing... | |
 | George Sutherland - 1919 - 224 pages
...have their free course. "Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." * It would seem, therefore, in case of foreign war, waged entirely beyond the boundaries of the United... | |
 | Everett Kimball - 1920 - 650 pages
...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. In commenting upon this opinion Professor Willoughby 1 very criticism of justly takes exception to... | |
 | John William Burgess - 1923 - 144 pages
...proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of active war. Because during the late Rebellion it could have...overturned and the courts driven out, it does not follow it should obtain in Indiana, where that authority was never disputed, and always administered. And... | |
 | John William Burgess - 1923 - 148 pages
...gross usurpation of power. Martial law can never exist where the courts are open, and in proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of active war. Because during the late Rebellion it could have been enforced in Virginia, where the national... | |
 | United States. General Service Schools, Fort Leavenworth - 1925 - 372 pages
...gross usurpation of power. . Martial rule can never exist where the courts are open, and in proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." b. The conclusion to be reached from this and other cases examined is that, under martial law situations,... | |
 | Leon Whipple - 1927 - 384 pages
...gross usurpation of power. Martial rule can never exist when the courts are open and in the proper and unobstructed exercise of their jurisdiction; it is also confined to the locality of actual war. The privilege of this great writ (habeas corpus) had never before been withheld from the citizen. .... | |
 | 1917 - 506 pages
...civil administration. * * Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of the actual war." The minority of four Justices, led by Chief Justice Chase, while agreeing that there... | |
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