In the Circuit Court of the United States, Western District of Pennsylvania. November Term, 1853. Garret Van Metter vs. Robert Mitchell

1854 ◽  
Vol 2 (5) ◽  
pp. 279
1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.


1934 ◽  
Vol 28 (3) ◽  
pp. 555-559
Author(s):  
William L. Rodgers

At the recent annual dinner of the American Society of International Law I listened with much interest to the eloquent and impassioned address of Judge Florence E. Allen, of the United States Circuit Court of Appeals, asserting that the conservation of peace has not hitherto been, and should be made, the principal objective in the development of international law. I think that her views might be summarized not unfairly in the form of a syllogism. Undeniable is its major premise that war is cruel, costly in life and resources, full of horror—a terrible infliction on those who resort to it. The minor premise is that means exist and others may be discovered whereby disputes may always be settled and peace enforced without recourse to war. And so comes the conclusion that all these means should be sought for, discovered and used, after which war will be unnecessary and will disappear from the world, leaving us under the rule of perpetual physical peace, no matter what may be the mental and emotional differences between nations.


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