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Updated: May 26, 2025
And, since there were no contravening affidavits submitted, Judge MacFarlane was technically warranted in granting the prayer for a temporary receiver." "I'm not trying to refute that," said Kent. "But afterward, when I called upon the judge with the evidence in hand " "He was under no absolute obligation to retry the case out of court, as you know, Mr. Kent.
If the defendant desired to appeal from the sentence of the court, instead of sending the case up to a higher tribunal thereby entailing heavy cost and vexatious delay, I would empanel a new jury then and there, composed of reputable citizens of the community, retry the case, and if the first verdict was confirmed, the sentence should be executed within the hour.
And we next propose to ask the question, how far it may be desirable to be bound by such indisputable authority. Is it too late to reopen the question, and to retry the issue between sovereign and rebel, less with respect to ancient and immemorial usage, and more according to eternal principle? We answer, No.
The Board of Trade will not retry the question of what is the right minimum rate. Another and quite different question will be decided by the Board of Trade. They will decide whether the minimum rate which has been prescribed by the Trade Board commands sufficient support in the trade to make its enforcement by inspection and prosecution likely to be effective.
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