In the case of the territories, as in every other instance, when a provision of the Constitution is invoked, the question which arises is. not whether the Constitution is operative, for that is self-evident, but whether the provision relied on is applicable. Scribner's Magazine - Stran 278uredili: - 1903Celotni ogled - O knjigi
| United States. Supreme Court - 1901 - 196 strani
...attainder; and so in respect to each of the other prohibitions contained in the Constitution." Seventh. In the case of the territories, as in every other...but whether the provision relied on is applicable. Eighth. As Congress derives its authority to levy local taxes for local purposes within the territories,... | |
| United States. Supreme Court - 1901 - 648 strani
...that decision announced, that the applicable provisions of the Constitution were operative. Ib. 7. In the case of the territories, as in every other...but whether the provision relied on is applicable. Ib. 8. As Congress derives its authority to levy local taxes for local purposes within the territories,... | |
| 1901 - 502 strani
...provisions fairly mean. In the language of Justices Gray, Shiras, White and McKenna, in the Downes case, "In the case of the territories, as in every other...but whether the provision relied on is applicable." Or, as more strongly put in the dissenting opinion of the Chief Justice and Justices Gray, Brewer and... | |
| 1901 - 754 strani
...Constitution which is applicable to the territories is also controlling therein. * * * " Seventh. — In the case of the territories, as in every other instance, when a provision of the Constilulion is invoked, the question which arises is, not whether the Constitution is operative, for... | |
| American Bar Association - 1902 - 880 strani
...territories, this opinion of the four concurring justices was very explicit. Among other things, they said : " In the case of the territories, as in every other...but whether the provision relied on is applicable." And again, after stating certain propositions, they said : " From these conceded propositions it follows... | |
| United States. Supreme Court - 1903 - 626 strani
...the Constitution which is applicable to the territories is also controlling therein ; " and that " in the case of the territories, as in every other...whether the provision relied on is applicable." In these views the minority in Downes v. HidweU, constituting four other members of this court, substantially... | |
| United States. Bureau of Insular Affairs - 1907 - 422 strani
...principle which that decision announced, that the applicable provisions of the Constitution were operative. In the case of the Territories, as in every other...but whether the provision relied on is applicable. As Congress derives its authority to levy local taxes for local purposes within the Territories, not... | |
| John Holladay Latané - 1907 - 376 strani
...case of the territories, as in every other instance, when a provision of the Constitution is involved, the question which arises is, not whether the Constitution...but whether the provision relied on is applicable." He held, however, that Congress derives its authority to levy local taxes within the territories, not... | |
| John Holladay Latané - 1907 - 400 strani
...this right Congress is bound by the provisions of the Constitution so far as they are applicable. " In the case of the territories, as in every other instance, when a provision of the Constitution is involved, the question which arises is, not whether the Constitution is operative, for that is self-evident,... | |
| Albert Hutchinson Putney - 1908 - 608 strani
...times potential in so far as its provisions are applicable. In the case of the territories, as in every instance, when a provision of the Constitution is...self.evident, but whether the provision relied on is applicable."0 The powers granted to the Congress are contained in two widely separate parts of the... | |
| |