Edward Douglass White, In re Abdu — Opinion of the Court
“ The existence of ultimate discretionary power here to review the cause on its merits and the deterrent influence which the refusal to file must have upon the practical exertion of that power in a case properly made gives the authority to consider the subject which the rule presents. ”
Edward Douglass White, In re Abdu — Opinion of the Court
“ Thus if resort is to be had to legislative history and the implication of legislative intent as a means of reading into the statute that which it does not contain, a contrary result must necessarily follow, since the conclusion from considering that subject must be that the act of 1917 enacted after the Bradford Case in not expressing the right to be exempt from costs in appellate proceedings was intended to conform and give effect to the rule announced in the Bradford Case. ”
Edward Douglass White, In re Abdu — Opinion of the Court
“ Looking, however, through form to the essence of things, as no mere independent action of the clerk as clerk is involved, but the authority exe ted by the court in directing the action of the clerk complained of is the subject-matter at issue and is the only justification relied upon by the clerk in the answer to the rule, we are of the opinion that in the exercise of a sound discretion we may treat the case from that point of view, that is to say, under the circumstances consider the authority to have made the order with the clerk alone as a technical party to the proceeding. ”
