Proceedings of the Grafton and Cos Counties Bar Association, Volume 3

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Page 438 - That this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice...
Page 476 - The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises, the Army of the nation and all its militia are at the service of the nation to compel obedience to its laws.
Page 512 - Justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, Juror, witness or other person, to any lawful writ, process, order, rule, decree, or command of the said courts.
Page 477 - ... such as affect the public at large, and are in respect of matters which by the Constitution are entrusted to the care of the nation, and concerning which the nation owes the duty to all the citizens of securing to them their common rights, then the mere fact that the government has no pecuniary interest in the controversy is not sufficient to exclude it from the courts, or prevent it from taking measures therein to fully discharge those constitutional duties.
Page 477 - Every government, entrusted, by the very terms of its being, with powers and duties to be exercised and discharged for the general welfare, has a right to apply to its own courts for any proper assistance in the exercise of the one and the discharge of the other...
Page 84 - He has been of infinite advantage to me, not only by his unvarying friendship, but by the many good lessons he has taught, and the example he set me in the commencement of my career. If there be in the country a stronger intellect, if there be a mind of more native resources, if there be a vision that sees quicker, or sees deeper into whatever is intricate, or whatsoever is profound, I must confess I have not known it.
Page 41 - We take the general doctrine to be in this country, though there may be exceptional cases and some authorities to the contrary, that the powers of corporations organized under legislative statutes are such and such only as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion of...
Page 141 - Leaves have their time to fall, And flowers to wither at the north-wind's breath, And stars to set — but all, Thou hast all seasons for thine own, O Death...
Page 478 - The summary power to commit and punish for contempts tending to obstruct or degrade the administration of justice," the supreme judicial court of Massachusetts well said, in Cartwright's Case, 114 Mass. 230, 238, "is inherent in courts of chancery and other superior courts, as essential to the execution of their powers, and to the maintenance of their authority, and is part of the law of the land, within the meaning of magna Charta and of the twelfth article of our declaration of rights.
Page 478 - But the power of a court to make an order carries with it the equal power to punish for a disobedience of that order, and the inquiry as to the question of disobedience has been, from time immemorial, the special function of the court.

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