 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 reports, digests, etc - 1919 - 1884 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 have no doubt that the legislative body is actuated by the same motives; but the... | |
 | Administrative law - 1922 - 560 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...citizen and against any stealthy encroachments thereon. Commonwealth of Pennsylvania vs Mike Eitler Nor can it be successfully contended in this case that... | |
 | Zechariah Chafee - Equitable remedies - 1924 - 544 pages
...declaration made for the court by Mr. Justice Bradley in Boyd v. United States, 116 US 616, 635, 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 carries with it the equal power to punish... | |
 | William Harvey Hyatt - Jury - 1924 - 1056 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 in substance.76 Moreover, it is their duty not only to regard this rule themselves, but to enforce an... | |
 | Law reports, digests, etc - 1922 - 1090 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...the citizen, and against any stealthy encroachments thereupon. Their motto should bo obsta principiis." Several other grounds were urged in support of... | |
 | Law reports, digests, etc - 1898 - 1020 pages
...such statutes effective. As was said by the court in Boyd v. US, 116 US 616, 635, 6 Sup. Ct. 524, 535: "It is the duty of courts to be watchful for the constitutional...stealthy encroachments thereon. Their motto should be, 'Obsta principiis.' " Certainly this duty must apply with equal force to the constitutional rights... | |
 | Henry Campbell Black - Constitutional law - 1925 - 554 pages
...and literal construction deprives them of half their efficacy and leads to the gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the courts to be watchful for the constitutional rights of the citizen and against any stealthy encroachments... | |
 | Law reports, digests, etc - 1910 - 1050 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 in substance. It is the duty of all the courts to be watchful for the constitutional rights of the citizen, and against any stealthy... | |
 | Law - 1925 - 470 pages
...Constitutional provisions for the security of person and property are to be liberally construed, and 'it is the duty of courts to be watchful for the constitutional rights of the citizen, and against stealthy encroachments thereon'." Statements of a similar tenor by the courts calling for a liberal... | |
 | Law reports, digests, etc - 1906 - 1066 pages
...citizen. In this immediate connection the apt words of Mr. Justice Bradley may be appropriately employed: "It Is the duty of courts to be watchful for the constitutional rights of the citizen, arid against any stealthy encroachments thereon. Their motto should be. 'Obsta principals. " Boyd v.... | |
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