...Where it exists as a consequence of war, martial law is confined to the locality of actual war. It can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction.4 677. When Martial Law Ceases. — Martial law ceases with the necessity for its existence....

...necessity creates " the rule, so it limits its duration ; for, if this government is " continued after the Courts are reinstated, it is a gross usurpation "...is also confined to the locality of actual " war." 2 Secondlg. — The existence of martial law does not in any way depend upon the proclamation of martial...

...Limitation.—Where it exists as a consequence of war, martial law is confined to the locality of actual war. It can never exist where the courts are open and in the...proper and unobstructed exercise of their jurisdiction. 4 677. When Martial Law Ceases.—Martial law ceases with the necessity for its existence. "As necessity...

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...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial law can never exist where the courts are open, and in...is also confined to the locality of actual war."* *The following from the opinion of Chase presents the precise point of difference between the majority...

...to trial and judgment under the conditions which existed in Indiana. Justice Davis maintained that " martial rule can never exist where the courts are...and unobstructed exercise of their jurisdiction." 3 Four members of the court declined to go so far, and held instead that Congress had the power to...

...necessity creates the rule, so it limits its duration ; for, if this government is continued after the courts are reinstated, it is a gross usurpation of...It is also confined to the locality of actual war." " *a Id. p. 31. 8* Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281. CHAPTER XIX. PRISONERS, DISABLED, AND...

...necessity creates the rule, so it limits its duration, for, if this government is continued after the courts are reinstated, it is a gross usurpation of...It is also confined to the locality of actual war." § 734. Criticism. There would seem to be but little question but that the doctrine stated by the majority...

...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial ríale can never exist where the courts are open, and in...It is also confined to the locality of actual war." § 734. Criticism. There would seem to be but little question but that the doctrine stated by the majority...

...congressional authorization is thus directly denied by the entire court. The majority of the court say, "Martial rule can never exist where the courts are open and in the proper and uninterrupted exercise of their jurisdiction. It is also confined to the locality of actual war. Because,...