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Updated: May 29, 2025
The tone of his reply was almost a sneer. "I repeat," he said, "that I can recognise no conditions." "It is perhaps," Mr. Sabin continued, "the wrong word to use. We submit to your authority, but you and I are well aware that your discretionary powers are large. I ask you to use them." "And I," the Prince said, "refuse.
The late lord's will had expressly and pointedly corroborated the natural and lawful authority of Lady Vargrave in all matters connected with Evelyn's education and home. It may be as well, in this place, to add, that to Vargrave and the co-trustee, Mr. Gustavus Douce, a banker of repute and eminence, the testator left large discretionary powers as to the investment of the fortune.
He believed, too, that in the exercise of their lawful discretionary power they could exclude white pupils from certain schools and colored pupils from certain other schools when, in their judgment, the best interests of all would thereby be promoted.
An extraneous jurisdiction of this kind, besides, is liable to be exercised both ignorantly and capriciously. In its nature, it is arbitrary and discretionary; and the persons who exercise it, neither attending upon the lectures of the teacher themselves, nor perhaps understanding the sciences which it is his business to teach, are seldom capable of exercising it with judgment.
The words of Scripture, which bid Christians, if persecuted in one city, flee to another, are evidently, from the form of them, a discretionary rule, grounded on the expediency of each occasion, as it arises. A mere threat is not a persecution, nor is a command; and though we are bound to obey our civil rulers, the welfare of the Church has a prior claim upon our obedience.
Here again it will probably appear that the people of the United Kingdom, and of the English-speaking countries at large, will not consent to this armed force and its discretionary use passing out of British hands, or rather out of French-British hands; and here again the practical decision will have to wait on the choice of the British people, all the more because the British community has no longer an interest, real or fancied, in the coercive use of this force for their own particular ends.
Grant and Farragut were of the same mind; but other ideas had arisen, and now the government, anxious to avert the impending risk of European complications, deemed it of the first importance that the flag of the nation should, without delay, be restored at some point in Texas. The place and the plan were left discretionary with Banks, but peremptory orders were given him to carry out the object.
Of course the elevator attendants were supposed to distinguish between the sheep and the goats, and to let only legitimate callers ascend, but the discretionary power of the Ethiopian is scarcely subtle or at least such was the case with the Guardian's staff of watchdogs and as a result many a visitor reached the floor where Smith presided only to have his disguise fall from him at his first word and to be politely ejected by the invaluable Jimmy, who was accustomed to accompany the gentle strangers as far as the street door in order that there might be no misapprehension on their part.
At any rate the direct influence of the crown was much less effective than it would have been had the colony been within easy reach. The governor and intendant were accordingly endowed by the force of circumstances with large discretionary powers. When they agreed it was possible to order things about as they chose.
Accordingly he gave discretionary orders to Palmer to choose his time for once more running the gauntlet, and Palmer was only watching his opportunity when he yielded to the earnest entreaty of Banks, and agreed to remain and co-operate if the General meant to go against Port Hudson.
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