Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana - By Horace E. Carter (Volume 121) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1890 Excerpt: ... The State, ex rel. Yancey, v. Hyde. islature; the latter, as to United States senators and representatives in Congress. In every other case the power is in the Legislature, to be by it regulated by law, as is evident from the fact that no provision is made save as to vacancies." This doctrine, broad as it is, the same court approved in a later case, State, ex rel., v. Swift, 11 Nev. 128. Perhaps the principle has never been more clearly stated than by the great constitutional lawyer whose statements, as Emerson says," lay in daylight." That lawyer said: "The inferences which, I think, follow from these views of the subject, are two: first, that the denomination of a department does not fix the limits of the powers conferred on it, nor even their exact nature; and, second (which, indeed, follows from the first), that in our American governments, the chief executive magistrate does not necessarily, and by force of his general character of supreme executive, possess the appointing power. He may have it, or he may not, according to the particular provisions applicable to each case in the respective constitutions." Webster's speech on the Presidential Protest. But I can not, without unduly prolonging this opinion, make further quotations; and I must therefore refer, without comment, to some of the many decisions which, as I interpret them, support my conclusion: Mayor, etc., v. State, ex rel., 15 Md. 376; State, ex rel, v. Lusk, 18 Mo. 333; Bridges v. Shallcross, 6 W. Va. 562; Kilbourn v. Thompson, 103 U. S. 168; Walker v. City of Cincinnati, 21 Ohio St. 14; State, ex rel., v. Harmon, 31 Ohio St. 250; Com., ex rel., v. Baxter, 35 Pa. St. 263; Baker v. Kirk, 33 Ind. 517; State, ex rel., v. Harrison, 113 Ind. 434; Hovey v. State, ex rel. Carson, 119 Ind. 395; Hove...