 | United States. Bureau of Insular Affairs, Charles Edward Magoon - Law - 1902 - 930 pages
...substitute for the civil authority, thus overthrown, to preserve the safety of the army and society, and as no power is left but the military, it is allowed to...necessity creates the rule, so it limits its duration; '• And so in the case of a foreign invasion martial rule may become a necessity in one state when,... | |
 | United States. Bureau of Insular Affairs, Charles Edward Magoon - Military occupation - 1902 - 816 pages
...for the civil authority, thus overthrown, to preserve the safety с if the army anil society, and as no power is left but the military, it is allowed to...necessity creates the rule, so it limits its duration; * * * And so in the case of a foreign invasion martial rule may l>ecome a necessity in one state when,... | |
 | Law reports, digests, etc - 1904 - 1114 pages
...actually closed, then, on the theater of active military operations, where war really prevails, as no power Is left but the military, it Is allowed to govern by martial rule until the laws can have When the mayor or burgess of a municipality finds himself unable to preserve the public order and security,... | |
 | Law reports, digests, etc - 1904 - 1122 pages
...substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws CM have their free coarse. As necessity creates the rule, so it limit* its duration; for, if this government... | |
 | Henry Wheaton - International law - 1904 - 932 pages
...overthrown, to preserve the safety of the army and society ; as no power is left but the militarj', it is allowed to govern by martial rule until the laws can have their free course, and where actual war is raging, acts done by the military authorities are not justiciable by the ordinary... | |
 | Law reports, digests, etc - 1904 - 1078 pages
...МПИцчп. 4 Wall. 2, 127. 18 L. ed. 281, 2Й7. it is said in the opinion of the majority of the court: "Martial rule can never exist where the courts are open, and in the proper and unobstructed evercise of their jurisdiction." But, in the die cnt'ng opinion in the same ease, Chief Justice Chase... | |
 | John Archibald Fairlie - Executive departments - 1905 - 302 pages
...substitute for the civil authority, thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to...Martial rule can never exist where the courts are >De Lima v. Bidwell, Dooley v. US, 182 US 1, 222; Fourteen Diamond Sings v. US, 183 US 176. open, and... | |
 | Simeon Eben Baldwin - Courts - 1905 - 428 pages
...military officer can rightfully enforce martial law in a place where the regular courts of his sovereign are open and in the proper and unobstructed exercise of their jurisdiction. 1 The first serious contest between the judiciary and the military power in this country as to the... | |
 | Sir William Harrison Moore - Act of state - 1906 - 202 pages
...substitute for the civil authority thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to...reinstated, it is a gross usurpation of power. Martial law can never exist where the Courts are open, and in the proper and unobstructed exercise of their... | |
 | John Bassett Moore - International law - 1906 - 1144 pages
...the invasion real, such as effectually closes the courts and deposes the civil administration. . . . Martial rule can never exist where the courts are...and unobstructed exercise of their jurisdiction." Dunning, Essays on the Civil War and Reconstruction, 10, 20, 37, 38, 42, 43, 45-47. See Ex parte Milligan,... | |
| |
... of active military operations, where war really prevails, there is 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 but the military, it is allowed... 
