 This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation...  Southern Reporter - Page 3411923Full view - About this book
 | Law - 1892 - 582 pages
...consisted more iu sound than in substance. It is the dnty of courts to be watchful for the constitntional rights of the citizen, and against any stealthy encroachments thereon. Their motto should bo obsta principas." Iu that case, the fifth section of the act of June 22, 1874 (18 Stat. 187), which... | |
 | Law reports, digests, etc - 1899 - 2058 pages
...made for the court by Mr. Justice Bradley in Boyd v. US, 110 US (>1G, 035, (« Sup. Ct. 53iï. that 'it is the duty of courts to be watchful for the constitutional...stealthy encroachments thereon. Their motto should be "obsta principiis." ' But the power of a court to make an order cart-ins with it the equal power to... | |
 | United States. Supreme Court - Law reports, digests, etc - 1892 - 1066 pages
...half their efficacy, and lends to gradual depreciation of the right, as if it consisted more In Bound than In substance. It is the duty of courts to be...stealthy encroachments thereon. Their motto should be obiitn principiis. " In that case, the fifth section of the act of June 22, 1874, (18 St. 187, i which... | |
 | Law reports, digests, etc - 1897 - 1036 pages
...close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more In sound than...to be watchful for the constitutional rights of the citizens and against any stealthy encroachments thereon. Their motto should be obsta principlls." While... | |
 | Law reports, digests, etc - 1894 - 1156 pages
...close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than...stealthy encroachments thereon their motto should be 'obsta principiis.' " We must regard it as a mere lapse that the legislature should in this instance... | |
 | Grafton and Coös Bar Association - Bar associations - 1898 - 692 pages
...declared by the courts, and we reaffirm the declaration in Boyd v. United States, 116 US 616, 635, that ' it is the duty of courts to be watchful for the constitutional...citizen and against any stealthy encroachments thereon.' But the power of a court to. make an order carries with it the equal power to punish for disobedience... | |
 | United States. Supreme Court - Law reports, digests, etc - 1886 - 1238 pages
...close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than...stealthy encroachments thereon. Their motto should be obstaprincipiis. We have no doubt that the legislative body is actuated by the same motives; but the... | |
 | Law reports, digests, etc - 1888 - 636 pages
...close and literal construction deprives them of half their efficacy and leads to graduul depreciation of the right as if it consisted more in sound than...stealthy encroachments thereon. Their motto should be, oltsi.it principiis." Our own books are full of cases illustrating the wisdom and justice of the rule... | |
 | Law - 1903 - 658 pages
...and liberal construction deprives them of half their efficacy, and leads to a gradual depreciation of the right, as if it consisted more in sound than in substance." See, also, Campbell v. Holt, 115 US 620, and Davidson v. New Orleans, 96 ib. 97. Justice Bra'dley's... | |
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