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" The case, being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or mischievous, or repugnant to the general spirit of the instrument as to justify those who... "
Report from the Secretary of State, with Accompanying Papers, Relating to ... - Page 118
by United States Court of Commissioners of - 1877 - 168 pages
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The American Constitutional System: An Introduction to the Study of the ...

Westel Woodbury Willoughby - Constitutional history - 1904 - 350 pages
...modified its language as to exclude it. Thus, as the Court declared in the famous Dartmouth College Case: "The case being within the words of the rule, must be within its operations likewise, unless there be something within its literal construction so obviously absurd...
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The Constitutional Decisions of John Marshall, Volume 1

John Marshall - Political Science - 1905 - 518 pages
...language would have been so varied, as to exclude it, or it would have been made a special exception. The *case being within the words of the rule, must...expound the constitution in making it an exception. On what safe and intelligible ground can this exception stand. There is no exception in the constitution,...
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Selected Readings in Public Finance

Charles Jesse Bullock - Finance - 1906 - 700 pages
...language would have been so varied, as to exclude it, or it would have been made a special exception. The case, being within the words of the rule, must...expound the Constitution in making it an exception." 4 Wheat, 518, 644. Being direct, and therefore to be laid by apportionment, is there any real difficulty...
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Selected Readings in Public Finance

Charles Jesse Bullock - Finance - 1906 - 698 pages
...language would have been so varied, as to exclude it, or it would have been made a special exception. The case, being within the words of the rule, must...expound the Constitution in making it an exception." 4 Wheat, 518, 644. Being direct, and therefore to be laid by apportionment, is there any real difficulty...
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A Treatise on Franchises: Especially Those of Public Service Corporations ...

Joseph Asbury Joyce - Corporation law - 1909 - 1272 pages
...of the Constitution when the clause under consideration was introduced into that instrument, but a case being within the words of the rule must be within...those who expound the Constitution in making it an exception.44 § 313. Obligation of Contract — Statutes — Ordinances — Delegated Authority —...
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The Constitutional Law of the United States, Volume 1

Westel Woodbury Willoughby - Constitutional law - 1910 - 728 pages
...the words of the rule, must be within its operations likewise, unless there be something within its literal construction so obviously absurd or mischievous, or repugnant to the general spirit of that instrument as to justify those who expounded the Constitution in making it an exception." Dartmouth...
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The Constitutional Law of the United States, Volume 1

Westel Woodbury Willoughby - Constitutional law - 1910 - 1170 pages
...language would have been so varied as to exclude it, or it ,would have been made a special exception. The case being within the words of the rule, must be within its operations likewise, unless there is something within its literal construction so ob« 4 Wh. 518; 4...
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The Origin and Growth of the American Constitution: An Historical Treatise ...

Hannis Taylor - Constitutional history - 1911 - 738 pages
...conditions, by invoking Chief Justice Marshall's rale. Marshall's rule of construction, which declares that " the case, being within the words of the rule, must...those who expound the Constitution in making it an exception."1 Ithas been expressly held that "doubtless the intention of the Congress which framed and...
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Principles of the Constitutional Law of the United States

Westel Woodbury Willoughby - Constitutional law - 1912 - 678 pages
...construction not sufficiently 1 In Dartmouth College v. Woodward, 4 Wh. 518; 4 L. ed. 629, Marshall says: "The case being within the words of the rule, must...its operation likewise, unless there be something within its literal construction so obviously absurd or mischievous, or repugnant to the general spirit...
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Principles of the Constitutional Law of the United States

Westel Woodbury Willoughby - Constitutional law - 1912 - 684 pages
...the words of the rule, must be within its operation likewise, unless there be something within its literal construction so obviously absurd or mischievous, or repugnant to the general spirit of that instrument as to justify those who expound the Constitution in making it an exception." broad...
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