Hearings Before Subcommittee of House Committee on Appropriations Consisting of Messrs. Breckinridge (KY.), Sayers, Livingston, Cannon (ILL.), and Henderson (Iowa), in Charge of Deficiency Appropriations for 1895 and Prior Years |
Common terms and phrases
accounting officers additional agent allowed amount Army Assistant Assistant Postmaster-General Attorney-General Auditor August 23 authority Balance available BENEDICT building Bureau of Engraving CANNON Cass County Census CHAIRMAN claimant clerks coin Commissioner LOCHREN committee compensation Comptroller CONGRESS THE LIBRARY contingent expenses cost court-house DASKAM DAVIS deficiency appropriation Deficiency asked deficiency bill deputy disbursing District of Columbia division duty eminent domain Engraving and Printing estimate FARROW February February 11 fiscal fund furnish Government HAMLIN Harrisonville HENDERSON HILLS HODGES implied contract July June 30 jurisdiction KEMPER LIBRARY OF CONGRESS LIVINGSTON MAHER MANSUR marshals matter military MILLER months necessary necessity northern district paid payment Penitentiary Pension PETTY Post-Office Department prisoners private property quarters question RENICK rent respectfully salary SAYERS Secretary special examination stamps statement statute tion transportation Treasury Department Washington western district
Popular passages
Page 126 - It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties, with their names at the end thereof...
Page 133 - US 10G, requires no constitutional recognition. The provision found in the Fifth Amendment to the federal Constitution, and in the Constitutions of the several States, for just compensation for the property taken, is merely a limitation upon the use of the power.
Page 126 - Extraordinary and unforeseen occasions arise, however, beyond all doubt, in cases of extreme necessity in time of war or of immediate and impending public danger, in which private property may be impressed into the public service, or may be seized and appropriated to the public use, or may even be destroyed without the consent of the owner.
Page 135 - If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown, to preserve the safety of the army and society ; and, us no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course.
Page 135 - There may be such serious interruption to the common and necessary use of property as will be equivalent to a taking, within the meaning of the Constitution...
Page 135 - It would be a very curious and unsatisfactory result if, in construing a provision of constitutional law, always understood to have been adopted for protection and security to the rights of the individual as against the Government, and which has received the commendation of jurists, statesmen, and commentators as placing the just principles of the common law on that subject beyond the power of ordinary legislation to change or control them...
Page 120 - Constructive contracts, which are fictions of law adapted to enforce legal duties by actions of contract where no proper contract exists, express or implied.
Page 126 - Exigencies of the kind do arise in time of war or Impending public danger, but it is the emergency, as was said by a great magistrate, that gives the right, and it is clear that the emergency must be shown to exist before the taking can be justified. Such a justification may be shown, and when shown the rule is well settled that the officer taking private property for such a purpose, if the emergency is fully proved, is not a trespasser, and that the government is bound to make full compensation...
Page 114 - I have the honor to acknowledge the receipt of your letter of the 18th instant, in which you ask what is "the status of claims for occupation, by Union forces during the war, of real estate of loyal citizens in States in rebellion, now pending, and what legislation is proper by Congress...
Page 120 - In one case the contract is mere fiction, a form imposed in order to adapt the case to a given remedy ; in the other it is a fact legitimately inferred. In one, the intention is disregarded; in the other, it is ascertained and enforced. In one, the duty defines the contract; in the other, the contract defines the duty.