 | Walter Malins Rose - 1917 - 1248 pages
...surrender to civil authorities. Note, 12 LRA (NS) 981. Whenever a statute gives discretionary powers to any person to be exercised by him upon his own opinion of certain facts, be is the sole judge of the facts; hence, officers engaged in the military service of a State where... | |
 | United States - 1918 - 1320 pages
...and control of the courts. And it may be further said, in the language of the Supreme Court, that: 'Whenever a statute gives a discretionary power to...construction that the statute constitutes him the only and exclusive judge of the existence of such facts.' Martin v. Mott, [1827] 12 Wheat. 31, 32,... | |
 | United States. Department of the Treasury - 1918 - 676 pages
...not apply to the second class perishable goods. Where a statute gives a person discretionary powers to be exercised by him upon his own opinion of certain facts, It Is a rule of construction that the statute constitutes him judge of those facts. In the exorcise of that... | |
 | 1918 - 742 pages
...states the rule: "It would seem, however, to be quite clear that, whenever a statute In express terms gives a discretionary power to any person, to be exercised by him upon his own pleasure, he is thus made the sole and exclusive Judge as to the propriety of Its exercise, and In... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1919 - 828 pages
...and in such a case, as in all others, in which a statute gives a discretionary power to an officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless... | |
 | 1920 - 1368 pages
...immigrants, one of the latter holding that "where a statute gives a discretionary power to an officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless... | |
 | American Philosophical Society - 1921 - 646 pages
...the exigency in the first instance and is bound to act according to his belief of the facts. . . . Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." This case applied to the act of 1795 delegating the President power to call forth the militia, but... | |
 | American Philosophical Society - 1921 - 688 pages
...the exigency in the first instance and is bound to act according to his belief of the facts. . . . Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." This case applied to the act of 1795 delegating the President power to call forth the militia, but... | |
 | American Philosophical Society - 1921 - 666 pages
...the exigency in the first instance and is bound to act according to his belief of the facts. . . . Whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." This case applied to the act of 1795 delegating the President power to call forth the militia, but... | |
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Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts. 
