A Treatise on the Power of Special Taxation: A Critical Analysis of Special Taxes for Local and Public Improvements, Considered with Reference to the Constitution, State and Federal, and the Restrictions Therein ContainedPipes-Reed Book Company, 1907 - 389 sider |
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Side 3
... Judge Leonard in rendering the opinion of the court said : " The question that has been argued before us upon this record , and the only one that we have consid- ered is , whether it is competent for the Legislature to confer upon the ...
... Judge Leonard in rendering the opinion of the court said : " The question that has been argued before us upon this record , and the only one that we have consid- ered is , whether it is competent for the Legislature to confer upon the ...
Side 9
... Judge , rendering the opinion : " On the other hand there is no such thing , in a free country , as absolute , unrestrained power in any branch of the government ; and while there are fre- quent expressions to the effect that a statute ...
... Judge , rendering the opinion : " On the other hand there is no such thing , in a free country , as absolute , unrestrained power in any branch of the government ; and while there are fre- quent expressions to the effect that a statute ...
Side 16
... judge who delivered the opinion of the court remarked : " This is not a case of vacant land or of a well - im- proved farm occupied by the owner and his family for agricultural purposes and which , without being re- quired for either ...
... judge who delivered the opinion of the court remarked : " This is not a case of vacant land or of a well - im- proved farm occupied by the owner and his family for agricultural purposes and which , without being re- quired for either ...
Side 17
... Judge , rendering the opinion : " It is said that this is a taking of private property for private use . If this be so it is palpably unconstitu- tional . Perhaps there is nothing in the books which shows the tenacity with which this ...
... Judge , rendering the opinion : " It is said that this is a taking of private property for private use . If this be so it is palpably unconstitu- tional . Perhaps there is nothing in the books which shows the tenacity with which this ...
Side 22
... Judge Brockenbrough in rendering the opin- " It could not have been intended to authorize the company to seize on and sequester the property of an individual , and under pretext of making him a compen- sation for that property , to ...
... Judge Brockenbrough in rendering the opin- " It could not have been intended to authorize the company to seize on and sequester the property of an individual , and under pretext of making him a compen- sation for that property , to ...
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A Treatise on the Power of Special Taxation: A Critical Analysis of Special ... Henry Newton Ess Uten tilgangsbegrensning - 1907 |
A Treatise on the Power of Special Taxation: A Critical Analysis of Special ... Henry N. Ess Ingen forhåndsvisning tilgjengelig - 2017 |
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Populære avsnitt
Side 231 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Side 90 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be .ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Side 308 - The question whether an Act repugnant to the Constitution can become the law of the land, is a question deeply interesting to the United States ; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
Side 310 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
Side 92 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.
Side 163 - It may well be doubted whether the nature of society and of government does not .prescribe some limits to the legislative power; and, if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation...
Side 82 - 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 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 thereon.
Side 78 - That if any owner, importer, consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever, or shall be guilty of any willful act or omission by means whereof...
Side 227 - The General Assembly shall not authorize any county, city, or town to become a stockholder in or to loan its credit to any company, association, or corporation, unless two-thirds of the qualified voters of such county, city, or town, at a regular or special election to be held therein, shall assent thereto.
Side 312 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.