Great American Lawyers: The Lives and Influence of Judges and Lawyers who Have Acquired Permanent National Reputation, and Have Developed the Jurisprudence of the United States : a History of the Legal Profession in America, Volume 8

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William Draper Lewis
John C. Winston Company, 1909 - Judges

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Page 456 - The liberty of the press shall be inviolate; and all persons may freely speak, write, or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.
Page 289 - ... philosophers attempting to overturn settled principles of law : whereas, in fact, the legal profession were invading the province of medicine, and attempting to install old exploded medical theories in the place of facts established in the progress of scientific knowledge. The invading party will escape from a false position when it withdraws into its own territory; and the administration of justice will avoid discredit when the controversy is thus brought to an end.
Page 374 - ... that our system leaves open, and must leave open, to the legislatures, and of the clear limits of judicial power; so that responsibility may be brought sharply home where it belongs. The checking and cutting down of legislative power, by numerous detailed prohibitions in the constitution, cannot be accomplished without making the government petty and incompetent. This process has already been carried much too far in some of our States. Under no system can the power of courts go far to save a...
Page 491 - To have such a mastery of these as to be able to apply them with constant facility and certainty to the evertangled skein of human affairs is what constitutes a true lawyer; and hence to acquire that mastery should be the business of every earnest student of law.
Page 341 - The property of the state, counties, and other municipal corporations, both real and personal, and such other property, as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law.
Page 375 - The legislature in determining what shall be done, what it is reasonable to do, does not divide its duty with the judges, nor must it conform to their conception of what is prudent or reasonable legislation. The judicial function is merely that of fixing the outside border of reasonable legislative action, the boundary beyond which the taxing power, the power of eminent domain, police power, and legislative power in general, cannot go without violating the prohibitions of the constitution or crossing...
Page 320 - But he was the first who dared to apply them to the world as he found it. His was that rarest and grandest of gifts, an intellectual courage and power of imaginative belief, [?] which, when it has convinced itself of aught, accepts it fully with all its consequences, and shrinks not from acting at once upon it.
Page 291 - But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party.
Page 341 - The property of the state and counties, both real and personal, and such other property as the general assembly may deem necessary for school, religious, and charitable purposes, may be exempted from taxation.
Page 418 - ... in order to warrant a finding that negligence, or an act not amounting to wanton wrong, Is the proximate cause of an Injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that It was such as might or ought to have been foreseen, in the light of the attending circumstances.

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