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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. "
Atlantic Reporter - Página 328
1894
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 25

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...
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Outlines of the Constitutional Jurisprudence of the United States: Designed ...

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...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

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....
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The New Englander, Volume 24

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...
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New Englander and Yale Review, Volume 24

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...
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The Family Library (Harper)., Volume 160

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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 6

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...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 17

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...
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DISCOURSE ON THE ASPECTS OF THE WAR

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...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

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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