 GOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while the third may be denominated MARTIAL LAW PROPER,...  The North American Review - Page 5541896Full view - About this book
 | Oklahoma Corporation Commission - 1919 - 644 pages
...express or implieu sanction of Congress; while the third may be denominated martial law proper, and is called into action by Congress or temporarily when...adequately secures public safety and private rights.' Ex parte Milligan, 4 Wall. 2, 1 Law. Ed. 281. "As a matter of fact, no military element attached to... | |
 | 1910 - 370 pages
...express or implied sanction of Congress; while the third may be denominated martial law proper, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights, J We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
 | James Parker Hall - 1910 - 438 pages
...peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within the districts or localities where ordinary law no longer...adequately secures public safety and private rights." § 332. Same: Controverted questions. As regards the first two of these military jurisdictions, military... | |
 | 1911 - 728 pages
...and martial law.1 " Martial law proper is called into action ... in times of insurrection or invasion within districts or localities where ordinary law...adequately secures public safety and private rights." 2 In some states in times of insurrection, governors have declared a state of "qualified" martial law.s... | |
 | United States. General Staff Corps - 1914 - 240 pages
...proper, and is called into action by Congress, or temporarily, when the action of Congress can not be invited, and in the case of justifying or excusing...adequately secures public safety and private rights." This distinction has never since been sustained by the 'Suprenpe Court, although military writers have... | |
 | United States. War Department. General Staff - 1914 - 244 pages
...proper, and is called into action by Congress, or temporarily, when the action of Congress can not be invited, and in the case of justifying or excusing...adequately secures public safety and private rights." This distinction has never since been sustained by the Supreme Court, although military writers have.... | |
 | 1914 - 246 pages
...when the action of Congress can not he invited, and in the case of justifying or excusing peril, hy the President, in times of Insurrection or invasion,...localities where ordinary law no longer adequately secures puhlic safety and private rights." This distinction has never since heen mstained hy the Supreme Court,... | |
 | Eugene Wambaugh - 1915 - 1106 pages
...proper, and is called into action by Congress, or temporarily, when the action of Congress cannot b6' invited, and in the case of justifying or excusing...adequately secures public safety and private rights. ' We think that the power of Congress, in such times and in such localTtIe.s; to authorize trials for... | |
 | James Parker Hall - 1915 - 492 pages
...peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within the districts or localities where ordinary law no longer...adequately secures public safety and private rights." § 332. Same: Controverted questions. As regards the first two of these military jurisdictions, military... | |
 | 1915 - 678 pages
...Wheaton 19, 2 Black 636. Ex parte Moore 64 NC 87. In re Moyer. 36 Col. 160. In re Boyle, 6 Idaho 609. localities where ordinary law no longer adequately secures public safety and private rights." This power has been designated as martial law at home, or as a domestic fact, and is the subject dealt... | |
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