If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish... Success and How to Attain It - Page 103edited by - 2004 - 448 pagesLimited preview - About this book
| George Breckenridge Davis - Courts-martial and courts of inquiry - 1913 - 850 pages
...Gen., 488, par. 1. a It follows tlrnt there are occasions when martini rule can properly be applied. If, in foreign invasion or civil war, the courts are...operations, where war really prevails, there is a necessity lo furnish a subslitufe for the civil authority thus overthrown, to preserve the safely of the Army... | |
| Walter Lawson Wilder - Colorado - 1913 - 372 pages
...what has been said on this subject that there are occasions when martial rule can be properly applied. If, in foreign invasion or civil war, the courts are...administer criminal justice according to law, then, on the theater of active military operations, where war prevails, there is a necessity to furnish a substitute... | |
| Law - 1914 - 1014 pages
...in civil life, in no wise connected with the military service. Congress could grant no such power. "If, in foreign invasion or civil war, the courts are actually closed, then, on the theater of active military operations, where war really prevails, as no power is left... | |
| Crime - 1915 - 678 pages
...subject that there are occasions when martial rule can be properly applied. If in foreign invasions or civil war the courts are actually closed, and it...administer criminal justice according to law, then in the theatre of actual military operations where war really prevails there is a necessity for substitute... | |
| James Montgomery Beck - Neutrality - 1916 - 354 pages
...In that case the Supreme Court said: There are occasions when martial rule can be properly applied. If, in foreign invasion or civil war, the courts are...a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; ... As necessity creates... | |
| Henry Wheaton, Coleman Phillipson - International law - 1916 - 1030 pages
...Right" (c). If in foreign invasion or civil war the courts of law are actually closed, and it is then impossible to administer criminal justice according to law, then, on the theatre of actual military operations, (z) Forsyth, Cases and Opinions on (i) Hale, Pleas of the Grown, Constitutional... | |
| Russell Whitman - Electronic books - 1916 - 746 pages
...occasions when martial law can be properly applied. If in foreign invasion or civil war, the courts are closed, and it is impossible to administer criminal justice according to law, then where war really prevails, courts martial are necessary; but martial rule can never exist where the... | |
| American Bar Association - Bar associations - 1917 - 984 pages
...military necessity. This was conceded in Milligan's case," where it was said in the prevailing opinion : " If, in foreign invasion or civil war, the courts are...justice according to law, then, on the theatre of actual military operations, where war really prevails, there is a necessity to furnish a^ substitute... | |
| United States - 1917 - 712 pages
...military necessity. This was conceded in Milligan's case,1 where it was said in the prevailing opinion : "If in foreign invasion or civil war the courts, are...administer criminal justice according to law, then, on the theater of actual military operations, where war really prevails, there is a necessity to furnish a... | |
| International law - 1917 - 966 pages
...jurisdiction of the United States. In that case it was stated: "If, in foreign invasion or civil war, ... on the theatre of active military operations, where...a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society, and as no power is left... | |
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