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Articles 7171 - 7200 of 7220
Full-Text Articles in Law
Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts
Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts
Michigan Law Review
We are told today that the Constitution of the United States forbids the adoption of the Initiative and the Referendum, as these involve such purely democratic principles as to be inconsistent with the republican form of government guaranteed by the fourth section of the fourth article of the Federal Constitution. The special interests that are opposed to the Initiative tell us that we must find some other cure for the evils at which it aims; that the Initiative is a purely democratic principle and, as such, it is forbidden by the fourth section of the fourth article of the Federal …
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Michigan Law Review
The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School; The New Schools of Healing; When the Exercise of Judicial Discretion is not Due Process of Law; Mandamus to Compel the Installation of a Telephone in a Bawdy House Denied; The Division in the Republican Party in Wisconsin; A Novel Extension of Federal Jurisdiction; The Session Laws of Porto Rico
Treaty With The Arikara Tribe (Ricara), 1825, Charles J. Kappler, Henry Atkinson, Benjamin O'Fallon
Treaty With The Arikara Tribe (Ricara), 1825, Charles J. Kappler, Henry Atkinson, Benjamin O'Fallon
US Government Documents related to Indigenous Nations
This 1904 reprint of Ratified Indian Treaty 133: Arikara (Ricara), titled the Treaty with the Arikara (Ricara) Tribe, 1825 was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Signed on July 18, 1825, this treaty was the first major treaty between the US Government and representatives of the Arikara Nation. Also known as the Atkinson and O'Fallon Trade and Intercourse Treaty of 1825, this document was part of a series of friendship treaties between Henry Atkinson and Benjamin O’Fallon’s Indian Peace Commission and the Indigenous Nations beyond the Mississippi River. In this treaty, …
Proclamation 305—Fort Berthold Reservation In The State Of North Dakota, Charles J. Kappler, Benjamin Harrison
Proclamation 305—Fort Berthold Reservation In The State Of North Dakota, Charles J. Kappler, Benjamin Harrison
US Government Documents related to Indigenous Nations
This 1904 reprint of President Benjamin Harrison’s 1891 proclamation was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on May 20, 1891, this proclamation announced that the “Law of 1891,” passed by US Congress on March 3, 1891, was accepted, ratified, and confirmed.
Treaty Of Fort Laramie With Sioux, Etc., 1851 (Kappler), Charles J. Kappler, David D. Mitchell, Thomas Fitzpatrick
Treaty Of Fort Laramie With Sioux, Etc., 1851 (Kappler), Charles J. Kappler, David D. Mitchell, Thomas Fitzpatrick
US Government Documents related to Indigenous Nations
This 1904 reprint of the Treaty of Fort Laramie with the Sioux, Etc., 1851—also known as the Horse Creek Treaty—was transcribed and published in vol. II of Charles Kappler's Indian Affairs. Laws and Treaties. Originally signed on September 17, 1851, this treaty between the US Government and representatives from the Lakota, Cheyenne, Arapahoe, Crow, Assiniboine, Mandan, Hidatsa, and Arikara Nations, recognized and defined the boundaries between the Indigenous tribes of the Northern Great Plains. Equally, it sought to establish an effective and lasting peace between the signers by agreeing to a series of concessions. In return for recognizing their …
An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (Kappler) (Kappler), Charles J. Kappler, Henry L. Dawes
An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (Kappler) (Kappler), Charles J. Kappler, Henry L. Dawes
US Government Documents related to Indigenous Nations
This 1904 transcription of “An Act to Provide for the Allotment of Lands in Severalty to Indians on the Various Reservations," also knows the General Allotment Act or the Dawes Act of 1887 was printed in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally passed on February 8, 1887, this act authorized the US government to break up reservations and tribal lands, previously held in common, into individual plots. Aimed at assimilating Indigenous people into white society, this act promoted agriculture and grazing by allotting tribal members or families who registered a portion of reservation land …
Law Of 1891 (Kappler), Charles J. Kappler
Law Of 1891 (Kappler), Charles J. Kappler
US Government Documents related to Indigenous Nations
This 1904 reprint of the Law of 1891 was published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Passed by Congress on March 3, 1891, this law reduced the size of the Fort Berthold Reservation and provided for individual land allotments, in which the government would hold the title for twenty-five years. In addition, this law permitted the US government to open the lands acquired to settlement under the provisions of the homestead laws.
An Act Granting To The Saint Paul, Minneapolis And Manitoba Railway Company The Right Of Way Through Indian Reservations In Northern Montana And Northwestern Dakota, Charles J. Kappler
An Act Granting To The Saint Paul, Minneapolis And Manitoba Railway Company The Right Of Way Through Indian Reservations In Northern Montana And Northwestern Dakota, Charles J. Kappler
US Government Documents related to Indigenous Nations
This 1904 reprint was transcribed and published in vol. I of Charles Kappler’ Indian Affairs. Laws and Treaties. Approved on February 15, 1887, this act granted the Saint Paul, Minneapolis, and Manitoba Railway Company the right of way to build its railroad through the Fort Berthold and Blackfeet Indian Reservations.
President Hayes's Executive Order, 1880 (Kappler), Charles J. Kappler, Rutherford B. Hayes
President Hayes's Executive Order, 1880 (Kappler), Charles J. Kappler, Rutherford B. Hayes
US Government Documents related to Indigenous Nations
This 1904 reprint of President Rutherford B. Hayes’s 1880 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally issued on July 13, 1880, President Hayes’s Executive Order significantly reduced the size of the Fort Berthold Reservation. Created at the behest of the Northern Pacific Railroad, this executive order resulted in a considerable loss of Mandan, Hidatsa, and Arikara homelands, hunting grounds, and sacred sites.
President Harrison's Executive Order, 1892 (Kappler), Charles J. Kappler, Benjamin Harrison
President Harrison's Executive Order, 1892 (Kappler), Charles J. Kappler, Benjamin Harrison
US Government Documents related to Indigenous Nations
This 1904 reprint of President Benjamin Harrison’s 1892 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Signed on June 17, 1892, this executive order increased the size of the Fort Berthold Indian Reservation by withdrawing a portion of Township 147 from sale or settlement.
Executive Order Of 1870 (Kappler), Charles J. Kappler, Ulysses S. Grant, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox
Executive Order Of 1870 (Kappler), Charles J. Kappler, Ulysses S. Grant, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox
US Government Documents related to Indigenous Nations
This 1904 reprint of President Ulysses S. Grant’s 1870 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. In addition to Grant’s executive order setting apart a reservation for the Arikara, Gros Ventre (Hidatsa), and Mandan, this document includes Captain Wainwright’s Proposal recommending a reservation for the three tribes, E.S. Parker’s Response, and J.D. Cox’s forward to the president.
Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson
Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson
US Government Documents related to Indigenous Nations
This 1904 reprint of the Sioux Treaty of 1868, also known as the Treaty of Fort Laramie, 1868, was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. This treaty, between the United States government and the Sioux and Arapaho Nations, established the Great Sioux Reservation, promised the Sioux would own the Black Hills in perpetuity, and set aside the country north of the North Platte River and east of the summits of the Big Horn Mountains as unceded Indian territory. Furthermore, the U.S. government pledged to close the Bozeman Trail forts and provide …
Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed
Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed
US Government Documents related to Indigenous Nations
This 1904 reprint of the unratified treaty with the Arikara, Mandan, and Hidatsa, was reprinted as the Agreement at Fort Berthold, 1866, in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on July 27, 1866, at Fort Berthold, Dakota Territory, this treaty and its Addenda were a set of agreements between the US government and representatives of the Arikara, Mandan, and Hidatsa Nations. In this document, the Arikara, Mandan, and Hidatsa agreed to cede a portion of their land on the east bank of the Missouri River and granted a right-of-way for roads through their …
Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle
Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle
Michigan Law Review
The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.
Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle
Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle
Michigan Law Review
The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.
Lone Wolf V. Hitchcock, United States Supreme Court
Lone Wolf V. Hitchcock, United States Supreme Court
US Government Documents related to Indigenous Nations
This United States (US) Supreme Court case, argued on October 23, 1902 and decided on January 5, 1903, held that the US Congress does have the right to pass legislation that changes the terms of tribal treaties without the necessary consent of the tribes with whom the treaties were made. The petitioner in this case, Lone Wolf (representing members of the Kiowa, Comanche, and Apache tribes) appealed a decision from the court of appeals from the District of Columbia. The petitioner claimed that the Medicine Lodge treaty of 1867 with the Kiowa and Comanche tribes was violated when Congress passed …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.
Cherokee Nation V. Hitchcock, United States Supreme Court
Cherokee Nation V. Hitchcock, United States Supreme Court
US Government Documents related to Indigenous Nations
This United States (US) Supreme Court case, submitted October 23, 1902 and decided December 1, 1902, held that the US Congress has the right to pass legislation that controls the actions and/or property of tribes in the United States without tribal consent. This case began when the Cherokee Nation attempted to stop the Secretary of the Interior from leasing their land for oil extraction. The Cherokee Nation asserted that an 1835 treaty granted them the right to their lands and to self-government. In their decision on this appeal, the Court asserts that the June 28, 1898 act of the US …
Eligibility To Office--As Of What Time Determined, Floyd R. Mechem
Eligibility To Office--As Of What Time Determined, Floyd R. Mechem
Articles
Eligibility to office under our political system cannot be regarded as a natural right, and some rules or regulations are therefore obviously indispensable to determine what shall be the qualifications which shall be deemed necessary or sufficient. These rules are usually express and written ones, though in a few cases they have been deduced by inference from considerations of policy or propriety
An Act Making Appropriations For The Current And Contingent Expenses Of The Indian Department And For Fulfilling Treaty Stipulations With Various Indian Tribes For The Fiscal Year Ending June Thirteenth, Nineteen Hundred And Two, And For Other Purposes., United States Congress
US Government Documents related to Indigenous Nations
This United States (US) public law, noted as “Chap. 832” dated March 3, 1901, details the appropriations that will be made to various tribes for the fiscal year ending June 1902. This funding breakdown includes payments made to the Mandan, Hidatsa, and Arikara tribes residing at the Fort Berthold Reservation, North Dakota. Appropriations in this law are noted as supporting treaty stipulations, schools, and a variety of miscellaneous expenses including construction, provisions, and the management of small pox.
How May Presidential Electors Be Appointed?, Bradley M. Thompson
How May Presidential Electors Be Appointed?, Bradley M. Thompson
Articles
For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is mischievous …
Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb
Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb
Stone-Campbell Books
No abstract provided.
An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (General Allotment Act Or Dawes Act), Henry L. Dawes
An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (General Allotment Act Or Dawes Act), Henry L. Dawes
US Government Documents related to Indigenous Nations
This Act, passed on February 8, 1887, authorized the US government to break up reservations and tribal lands, previously held in common, into individual plots. Aimed at assimilating Indigenous people into white society, this act promoted agriculture and grazing by allotting tribal members or families who registered a portion of reservation land outlined in the document. Furthermore, this document granted American citizenship to those who accepted the division of tribal lands.
The Territories Of The United States, Thomas M. Cooley
The Territories Of The United States, Thomas M. Cooley
Book Chapters
Writing to flesh out the comparisons between the United States and Great Britain following previous such chapters, Professor Cooley writes: "In the common acceptation of those terms the United States has no colonies and no foreign possessions." Professor Cooley then gives a relatively brief history of the admission of new states in constitutional philosophy and history. Later in the chapter he asserts, "Before any states can be admitted to the union, there must be a state ready to admit; and this implies that there shall be a state with a constitution and laws, so when admitted, it can proceed at …
Labor And Capital Before The Law, Thomas M. Cooley
Labor And Capital Before The Law, Thomas M. Cooley
Articles
The chief concern of every political society is the establishment of rights and of adequate securities for their protection. In America, it has been agreed that this shall be done by the people themselves; they shall make their own laws, and choose their own agents to administer them. But the obvious difficulty of doing this directly has been recognized, and the people, after formulating the charter of government, incorporating in it such principles as they deem fundamental, content themselves with delegating all powers of ordinary legislation to representatives. Notwithstanding this delegation, much direct legislation of a very effective and important …
Rules Governing The Court Of Indian Offenses, Hiram Price
Rules Governing The Court Of Indian Offenses, Hiram Price
US Government Documents related to Indigenous Nations
This transcribed document, dated March 30, 1883, contains a letter from Henry M. Teller of the United States (US) Department of the Interior to Hiram Price of the US Office of Indian Affairs outlining perceived problems among Indigenous tribes in the US. This letter is followed by a set of rules written in response to the expressed concerns. These rules are commonly referred to as The Code of Indian Offenses. Teller expressed concern about religious practices among Indigenous tribes, including sacred dances and the leadership of medicine men. He was also concerned about plural marriage and practices surrounding property …
President Hayes's Executive Order, 1880, Rutherford B. Hayes
President Hayes's Executive Order, 1880, Rutherford B. Hayes
US Government Documents related to Indigenous Nations
This Executive Order, issued by President Rutherford B. Hayes on July 13, 1880, significantly reduced the size of the Fort Berthold Reservation. Created at the behest of the Northern Pacific Railroad, this executive order resulted in a critical loss of Mandan, Hidatsa, and Arikara homelands, hunting grounds, and sacred sites.
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
Articles
Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.
The New Federal Administration, Thomas M. Cooley
The New Federal Administration, Thomas M. Cooley
Articles
After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …