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" That part of the bill which respects the land occupied by the Indians, and prays the aid of the court to protect their possession, may be more doubtful. The mere question of right might. perhaps, be decided by this court in a proper case with proper parties.... "
The Editorial Review - Page 427
1912
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John Marshall: Complete Constitutional Decisions

John Marshall - Constitutional law - 1903 - 832 pages
...mere question of right might, perhaps, be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the...within the proper province of the judicial department. But the opinion on the point respecting parties makes it unnecessary to decide this question. If it...
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The Principles of the Administrative Law Governing the Relations of Public ...

Bruce Wyman - Administrative law - 1903 - 660 pages
...jurisprudence both of England and this country. The propriety of such interposition by the courts may well be questioned. It savors too much of the exercise of political power to be within the province of the judicial department. We do not claim for this court the exercise of jurisdiction upon...
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Colorado Decisions: Every Opinion of the Supreme Court and Court ..., Volume 4

Colorado. Supreme Court - Law reports, digests, etc - 1903 - 712 pages
...rights, this is not the tribunal in which those rights are to be asserted." (p. 20). "It savers too miiHi of the exercise of political power to be within the proper province (if the judicial department." (p. 20). Motion denied. Johnson, J. separately holds that the Cherokee...
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The Constitutional Decisions of John Marshall, Volume 2

John Marshall - Constitutional law - 1905 - 484 pages
...mere question of right might, perhaps, be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the...within the proper province of the judicial department. But the opinion on the point respecting parties makes it unnecessary to decide this question. If it...
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The American Judiciary

Simeon Eben Baldwin - Courts - 1905 - 428 pages
...that no such injunction could properly issue against a sovereign State. Marshall thought it savored "too much of the exercise of political power to be...within the proper province of the judicial department." Mr. Justice Johnson said that it was an attempt to compel the President of the United States, and by...
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The Canadian Law Times, Volume 25

Canada - 1906 - 1230 pages
...Legislature of Georgia, Chief Justice Marshall said : " The propriety of such an interpretation of the Court may be well questioned. It savors too much of the exorcise of political power to be within the proper province of the judicial department.'"' And Mr....
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Proceedings of the Constitutional Convention of the Proposed State of ...

Oklahoma. Constitutional Convention - Constitutional conventions - 1907 - 574 pages
...question of right might, perhaps, be decided by this Court, in a proper case, with proper parties. But the Court is asked to do more than decide on the...within the proper province of the Judicial Department. But the opinion on the point respecting parties makes it unnecessary to decide this question. "If it...
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The Pacific Reporter, Volume 91

Law reports, digests, etc - 1907 - 1168 pages
...question of right might, perhaps, be decided by this court, In a proper case, with proper parties. But the court is asked to do more than decide on the title. The bill required us to control the Legislature of Georgia, and to restrain the exertion of its physical force....
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 12

United States. Supreme Court - Law reports, digests, etc - 1909 - 596 pages
...more than decide on the title. The bill requires us to control the legislation of Georgia, and to ^ 1 restrain the exertion of its physical force. The propriety...political power, to be within the proper province if the judicial department. But the opinion on the point respecting parties makes it unnecessary to...
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The Conflict Over Judicial Powers in the United States to 1870

Charles Grove Haines - Courts - 1909 - 194 pages
...scarcely be imagined. The request of the Indians was denied, however, because the court believed that " the bill requires us to control the legislature of...Georgia, and to restrain the exertion of its physical course. The propriety of such an imposition by the court may well be questioned. It savors too much...
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