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
| 1917 - 712 pages
...justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or of foreign war, within districts or localities where...adequately secures public safety and private rights. We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
| United States - 1918 - 1192 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. We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
| Oklahoma Corporation Commission - 1919 - 644 pages
...express or implleu 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... | |
| 1919 - 1246 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 when...adequately secures public safety and private rights.' Ex parte Milligan, 4 Wall. 2, 18 L. ed. 281. "As a matter of fact, no military element attached to... | |
| Henry Clifford Spurr, Ellsworth Nichols - 1919 - 1248 pages
...third may be denominated martial law proper, and is called into action by Congress or temporarily Avhen the action of Congress cannot be invited,, and in...adequately secures public safety and private rights.' Ex parte Milligan, 4 Wall. 2, 18 L. ed. 281. "As a matter of fact, no military element attached to... | |
| George Sutherland - 1919 - 224 pages
...the peril, by the President, in times of insurrection or invasion or of civil or of foreign war in localities where ordinary law no longer adequately secures public safety and private rights. This analysis of military jurisdiction and definition of martial law is contained in a minority opinion,... | |
| 1924 - 580 pages
...when the public danger requires its exercise. . . . [it] may be denominated martial law proper, and is called into action by Congress, or temporarily,...localities where ordinary law no longer adequately secures safety and private rights.""4 While the above classification is generally accepted, the statement as... | |
| Lawrence Boyd Evans - 1925 - 1436 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. . . . MR. JUSTICE WAYNE, MR. JUSTICE SWAYNE, and MR. JUSTICE MILLER, concur with me in these views.... | |
| United States - 1928 - 750 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. We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
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