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" ... 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... "
Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ... - Page 188
1872
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Cases on Martial Law

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....
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Readings in American Constitutional History, 1776-1876, Part 1

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~...
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Robert Wilbur Steele, Defender of Liberty

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...
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The Southeastern Reporter, Volume 77

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,...
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A Treatise on the Military Law of the United States: Together with the ...

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;...
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Case and Comment, Volume 20

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...
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Wheaton's Elements of International Law

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...
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Law Students' Review and Quiz Book: In the Form of Questions which Supply ...

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...
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The War and Humanity: A Further Discussion of the Ethics of the World War ...

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...
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The American Journal of International Law, Volume 11

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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