| Martial law - 1910 - 370 pages
...prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown. * * * As necessity creates the rule, so it limits its duration, for if this (military) government is continued after the courts are reinstated, it is gross usurpation of power.... | |
| Allen Johnson - Constitutional history - 1912 - 614 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...are reinstated, it is a gross usurpation of power. J1TT'tinl nili\ can never exist where the courts are open, and in the proper) \S and unobstructed~... | |
| Walter Lawson Wilder - Colorado - 1913 - 372 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...exist where the courts are open and in the proper, unobstructed exercise of their jurisdiction." In another place Judge Davis says : "It is claimed that... | |
| Law reports, digests, etc - 1913 - 1290 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...laws can have their free course. As necessity creates tue rule, во It limits Its duration ; for, if this government is continued after the courts are re-instated,... | |
| George Breckenridge Davis - Courts-martial and courts of inquiry - 1913 - 850 pages
...subslitufe for the civil authority thus overthrown, to preserve the safely of the Army und society; and as no power is left but the military, it is allowed to govern by martial rule unliïtlie laws can-have their free course. As necessity creates the rule, so it limits its duration;... | |
| Law - 1914 - 1014 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...martial rule until the laws can have their free course." Declaration of Martial Law by State. The right of a state to declare martial law in order to suppress... | |
| Henry Wheaton, Coleman Phillipson - International law - 1916 - 1030 pages
...substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; as no power is left but the military, it is allowed to...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... | |
| Russell Whitman - Electronic books - 1916 - 746 pages
...criminal justice according to law, then where war really prevails, courts martial are necessary; but martial rule can never exist where the courts are open, and in a proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual... | |
| James Montgomery Beck - Neutrality - 1917 - 420 pages
...substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; ... As necessity creates the rule, so it limits its duration;...proper and unobstructed exercise of their jurisdiction. I/ is also confined to the locality of actual war. All civilized countries, including Germany, have... | |
| International law - 1917 - 966 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 until the laws can have their free course." The "military law" applied in Santo Domingo is therefore the law of military occupation. It is not... | |
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