Pacific Monthly Volume 18

Pacific Monthly Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...business, and on other grounds, the constitutionality of the Reclamation Act was challenged. The Federal Court in Arizona decided in favor of the Government; and notice was given by the company that an appeal would be taken to the United States Supreme Court. Meanwhile another action was begun in the District of Columbia to restrain the Secretary of the Interior from issuing orders to carry into eifect the Government work in Arizona. The Government brought up the question of jurisdiction, and the court held that it had no jurisdiction over the matter. The appeal from the Arizona court's decision, if it reaches the Supreme Court, may aiford an opportunity for a test of the constitutionality of the Reclamation Act. It should be borne in mind, however, that the Supreme Court sometimes appears to avoid giving a judgment that fully and squarely determines the points brought up by opposing counsel. It is believed by many lawyers that the Snpreme Court will not pass upon the constitutionality of the Reclamation Act unless the issue is so sharply drawn that it cannot be avoided. The reason assigned for this reluctance to settle far-reaching questions is that the court regards these matters sometimes as political in their nature, or as matters of policy to be settled by the legislative and executive, rather than by the judicial authority. It may be thought by those great justices that the Reclamation Act, so farreaching in its transformation, and so vital in its effect upon a large section of the country, is in its essence a political policy put in execution by Congress and the Executive under the authority of that portion of Section 3 of Article 4 of the Constitution which provides: "The Congress shall have power to dispose of and...show more

Product details

  • Paperback | 420 pages
  • 189 x 246 x 22mm | 744g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236946200
  • 9781236946201