Report of the ... Annual Meeting of the North Carolina Bar Association, Том 10Seeman Printery., 1908 |
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__Wake action adjournment amendment annual meeting appointed Asheville Buncombe Asso attorney Bar of North Bunn By-Laws Carolina Bar Association cause Chairman Charlotte Mecklenburg ciation citizens CLEMENT MANLY client Committee on Legislation constitution counsel County digest disbarred discussion District Durham duty Edenton elected Executive Committee favor Fayetteville Gentlemen Gilliam Goldsboro Greensboro HARRY SKINNER HAYWOOD PARKER Henderson Hendersonville Honor humor James Madison Leach Judge judicial jury justice Law Reform lawyer Legislation and Law legislature liberty MacRae matter membership memorial ment mittee Mocksville Morehead City motion is carried Nash County Newbern North Carolina Bar person political practice present President profession question Raleigh Wake ready to report resolution Robeson County Salisbury say aye session Solicitor STEPHEN MCINTYRE Superior Court supreme law Tarboro thereof tion Transylvania trial truth United W. D. PRUDEN Waynesville Williamston Wilmington New Hanover Winston Z. V. WALSER
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Страница 21 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Страница 20 - The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
Страница 21 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void " This theory is essentially attached to a written constitution, and is consequently to be considered, by this court, as one of the fundamental principles of our society.
Страница 23 - The people, then, Sir, erected this government. They gave it a Constitution, and in that Constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have restrained it to the exercise of such powers as are granted; and all others, they declare, are reserved to the States or the people.
Страница 19 - The question whether an Act repugnant to the Constitution can become the law of the land, is a question deeply interesting to the United States ; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
Страница 24 - Congress; and restrictions on these powers. There are, also, prohibitions on the States. Some authority must, therefore, necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, and prohibitions. The constitution has itself pointed out, ordained, and established that authority. How has it accomplished this great and essential end? By declaring, sir, that " the constitution and the laws of the United States, made in pursuance thereof,...
Страница 21 - Those, then, who controvert the principle that the constitution is to be considered, in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution and see only the law.
Страница 161 - IN SUPPORTING A CLIENT'S CAUSE. Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause.
Страница 165 - ... the lawyer must be allowed to judge. In such matters no client has a right to demand that his counsel shall be illiberal, or that he do anything therein repugnant to his own sense of honor and propriety.
Страница 6 - Of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world : all things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power...