Report of Proceedings, Volume 21

Front Cover
Washington State Bar Association, 1910 - Bar associations
Reports for 1901-1907, 1909, 1911-1914, and 1916 include lists of papers read since 1894.
 

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Page 187 - Due process of law in each particular case means such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.
Page 186 - It deprives the company of its right to a judicial investigation, by due process of law, under the forms and with the machinery provided by the wisdom of successive ages for the investigation judicially of the truth of a matter in controversy, and substitutes therefor, as an absolute finality, the action of a railroad commission which, in view of the powers conceded to it by the state court, cannot be regarded as clothed with judicial functions or possessing the machinery of a court of justice.
Page 186 - This being the construction of the statute by which we are bound in considering the present case, we are of opinion that, so construed, it conflicts with the Constitution of the United States in the particulars complained of by the railroad company.
Page 186 - ... charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States ; and in so far as it is thus deprived, while other persons are permitted to receive reasonable profits upon their invested capital, the company is deprived...
Page 30 - When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected.
Page 7 - The complainant and the member complained of shall each be allowed to appear personally and by counsel, who must be members of the Association, and shall produce their witnesses. The witnesses shall vouch' for the truth of their statements on their word of honor.
Page 1 - States and maintain representative government; to advance the science of jurisprudence : to promote the administration of justice...
Page 185 - There being, therefore, no contract or chartered right in the railroad company which can prevent the legislature from regulating in some form the charges of the company for transportation, the question is whether the form adopted in the present case is valid.
Page 5 - VI.— DUTIES OF OFFICERS. SECTION 1. The president shall preside at all meetings of the Association and of the...
Page 30 - No particular form of exception is required. The exception must be stated, with so much of the evidence as is necessary to explain it, and no more, and the whole as briefly as possible.

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