 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.  Legislative Documents - Page 168by Iowa. General Assembly - 1902Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1904 - 444 pages
...or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to any person,...the statute constitutes him the sole and exclusive i*«« judge of the existence of those facts. And in the present case, we ' are all of opinion, that... | |
 | United States. Supreme Court - Law reports, digests, etc - 1827 - 682 pages
...or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to any person,...own opinion of certain facts, it is a sound rule of con1 827. struct ion , that the statute constitutes him the sole and exclu\_^~ .~»_ sive judge of... | |
 | William Alexander Duer - Constitutional law - 1833 - 264 pages
...require to be concealed. 458. Whenever an Act of Congress gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...him the sole and exclusive judge of the existence of those facts ; and it is not considered a valid objection, that such power may be abused ; for there... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...an appeal from, or review of the president's opinion. And whenever a statute gives a descretionary power to any person to be exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to any person,...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to any person,...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of... | |
 | Edward Deering Mansfield - United States - 1836 - 304 pages
...them. No provision is made for an appeal from, or review of, the President's opin-ion. And whenever a statute gives a discretionary power to any person,...exercised by him upon his own opinion of certain facts, the general rule of con-struction is, that he is thereby constituted the sole and exclusive judge of... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to any person,...him the sole and exclusive judge of the existence of those facts. And, in the present case, we are all of opinion that such is the true construction of... | |
 | Criticism - 1865 - 836 pages
...be, on many grounds, we think, * Whenever a statute gives a discretionary power to any person, to bo exercised by him upon his own opinion of certain facts,...him the sole and exclusive judge of the existence of those facts. * • * It is no answer that such power may be abased, for there is no power which is... | |
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