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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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The Constitutional Law of the United States, Volume 2

Westel Woodbury Willoughby - Constitutional law - 1910 - 804 pages
...doubtful. The mere question'of right might be decided "by this court in a proper case with proper parties. But the court is asked to do more than decide on the...propriety of such an interposition by the court may well be questioned. It savors too much of the exercise of .political power to be within the proper...
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 6; Volume 73

United States. Supreme Court - Law reports, digests, etc - 1910 - 842 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...the exertion of its physical force. The propriety of euch an interposition by the court may be weil questioned. It savors too much of the exercise of political...
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Pacific States Reports: Extra Annotated, Book 24

Law reports, digests, etc - 1912 - 1792 pages
...of such interposition by the court may well be questioned." "It savors," says Marshall, CJ, page 20, "too much of the exercise of political power to be...within the proper province of the judicial department." Johnson, J., page twenty-eight: " I cannot entertain a doubt Brief of Plaintiff in Error. that it (the...
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A Selection of Cases on Constitutional Law, Book 2

Eugene Wambaugh - Constitutional law - 1915 - 1106 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...interposition by the court may be well questioned. It savours too much of the exercise of political power to be within the proper province of the judicial...
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Judicial Settlement of Controversies Between States of the ..., Volume 2

James Brown Scott - Constitutional law - 1919 - 572 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 Life of John Marshall: The building of the nation, 1815-1835

Albert Jeremiah Beveridge - 1919 - 724 pages
...and to restrain the exertion of its physical force" — a very questionable "interposition," which "savors too much of the exercise of political power to be within the proper province 1 5 Peters, 16-17. /6. 17-18. of the judicial department." In "a proper case with proper parties,"...
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The United States of America: A Study in International Organization

James Brown Scott - Constitutional law - 1920 - 638 pages
...the title. The bill requires us to control the legislature of Georgia, and to restrain the exertions of its physical force. The propriety of such an interposition...the exercise of political power, to be within the province of the judicial department.1 A concurring opinion was delivered by Mr. Justice Johnson, in...
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The United States of America: A Study in International Organization

James Brown Scott - Constitutional law - 1920 - 640 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...control the legislature of Georgia, and to restrain the exertions of its physical force. The propriety of such an interposition by the court may be well questioned....
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United States Reports: Cases Adjudged in the Supreme Court, Volume 262

United States. Supreme Court - Courts - 1923 - 872 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." And Mr. Justice Thompson, with whom Mr. Justice Story concurred, in the course of an opinion, said...
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The Reasonableness of the Law: The Adaptability of Legal Sanctions to the ...

Charles William Bacon, Franklyn Stanley Morse - Common law - 1924 - 424 pages
...752). . . . Chief Justice Marshall, who delivered the opinion of the majority . . . observed . . . "The bill requires us to control the legislature of...the exercise of political power, to be within the province of the judicial department." . . . In respect to the prayers of the bill. The first is, that...
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