Report of the Submerged And Shore Lands Legislative Investigating Committee Mad
Report of the Submerged And Shore Lands Legislative Investigating Committee Mad
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, 207, 216, 41 L. Ed. 132, 136, 16 Sup. Ct. Rep. , 1023; Walla Walla v. Walla Walla Water Co. , 172 U. S. , 5, 10, 43 L. Ed. , 342, 345, 19 Sup. Ct. Rep. , 77. The claim is certainly not a frivolous one. In determining the existence of a federal question it is only necessary to show that it is set up in good faith and is not wholly destitute of merit. Said Chief Justice Chase, in Millingar v. Hartupee, 6 Wall, 258, 261, 18 L. Ed. , 829, speaking of the validity of an authority exercised under t...he United States: 'Something more than a bare assertion of such authority seems essential to the jurisdiction of this Court. The authority intended by the Act is one having a real existence, derived from competent governmental power. If a different construction had been intended. Congress would doubt- less have used fitting words. The Act would have given jurisdiction in cases of decisions against claims of authority under the United States. * * * If a right were claimed under a treaty or statute, and on looking into the record it should appear that no such treaty or statute existed or was in force, it would hardly be insisted that this Court could review the decision of a state court that the right claimed did not exist.
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To quickly assess the difficulty of the text, read a short excerpt:
, 207, 216, 41 L. Ed. 132, 136, 16 Sup. Ct. Rep. , 1023; Walla Walla v. Walla Walla Water Co. , 172 U. S. , 5, 10, 43 L. Ed. , 342, 345, 19 Sup. Ct. Rep. , 77. The claim is certainly not a frivolous one. In determining the existence of a federal question it is only necessary to show that it is set up in good faith and is not wholly destitute of merit. Said Chief Justice Chase, in Millingar v. Hartupee, 6 Wall, 258, 261, 18 L. Ed. , 829, speaking of the validity of an authority exercised under t...he United States: 'Something more than a bare assertion of such authority seems essential to the jurisdiction of this Court. The authority intended by the Act is one having a real existence, derived from competent governmental power. If a different construction had been intended. Congress would doubt- less have used fitting words. The Act would have given jurisdiction in cases of decisions against claims of authority under the United States. * * * If a right were claimed under a treaty or statute, and on looking into the record it should appear that no such treaty or statute existed or was in force, it would hardly be insisted that this Court could review the decision of a state court that the right claimed did not exist.
What to read after Report of the Submerged And Shore Lands Legislative Investigating Committee Mad?
You can find similar books in the "Read Also" column, or choose other free books by Illinois Submerged And Shore Lands Investigating to read onlineMoreLess
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