Repeal Association

“ Nor is it we alone, who have ever professed our willingness to take the field with the people, who loathe and denounce these crimes. Let the men of Munster read the last Act of the Repeal Association, and they will find Daniel O'Connell, William Smith O'Brien, and the entire Repeal League confederated to proclaim and trample down the assassins. ”

“ A 'Protestant Association,' consisting of the worst agitators and fanatics, was formed, and at a great meeting held on May 29, 1780, and presided over by Lord George Gordon, it was determined that 20,000 men should march to the Parliament House to present a petition for the repeal of the Relief Act. ”

“ Gentlemen, this prosecution against me, like the prosecutions just accomplished against two national newspapers, is part of a scheme of the ministers of the crown for suppressing all voice of protest against the Union, for suppressing all public complaint against the deadly results of the Union, and all advocacy by act, speech, or writing for Repeal of the Union. Now I am a Repealer so long as I have been a politician at all—that is for at least twenty-four years past. ”

“ Of these conditions he insisted, "not one is like to be observed in the intended reprisals." The reprisable persons would not obtain "equal value, worth, and purchase." "The parties themselves are not made the judges, but the commissioners." Lastly, "they are to be turned out immediately, and wait for a reprisal afterwards." Of these arguments the first alone is important, and it is flatly contradicted by the very words of the Act.
Within a few days after the passing of the Act of Repeal a bill was introduced into the House of Commons attainting more than two thousand persons [99] ”

“ And remember, sir, that these constituencies include not bankers, brokers, and boards of trade only, but embrace people in every station and condition of life; and in that great court from whose decision there is no appeal every voter has an equal voice. ”

“ Where relief is thus sought in a state court against the action of a committee, appointed to advise the court, and the court takes cognizance of the complaint without requiring the appearance of the committee or its members, we think the consideration of the petition by the Supreme Court, the body which has authority itself by its own act to give the relief sought, makes the proceeding adversary in the sense of a true case or controversy. ”

“ Although the State surely may not broadly prohibit individuals with a common interest from joining together to petition a court for redress of their grievances, it is equally certain that the State may impose reasonable regulations limiting the permissible form of litigation and the manner of legal representation within its borders. ”

“ The state is under no obligation, express or implied, to legislate to enhance the credit of the general government, and should it adopt a system of legislation which indirectly produces such a result, its power of repeal cannot be doubted. ”

“ If the new remedies are found to be productive of vexatious delays on account of the great accumulation of business in this court, it will be easy for Congress to do away with the evil by a repeal of the law. It follows that if the order in question could properly be brought here by appeal, we have jurisdiction.
Congress evidently intended that orders of this kind made in suits at law should be brought here by writ of error, and that where the suit was in equity an appeal should be taken. ”

“ In a state legislature, composed of two branches representing one mind or body politick, a concurrence of some portion of this mind must attend the continuance of every law. In congress, the representatives of the state mind may prevent the repeal of law, which will then continue against the will of the entire popular mind, or against the will of the states, if the repeal is prevented by the popular representatives. ”

“ Justice STRONG delivering its opinion, that 'when the powers and directions under the several acts are such as may well subsist together, an implication of repeal cannot well be allowed.' In the case of King v. ”

“ A sufficient basis for the Court's holding is provided by the evolution of the duty of fair representation doctrine through suits tried to juries, the well-recognized duty to scrutinize any proposed curtailment of the right to a jury trial with the utmost care, and the fact that a duty of fair representation action resembles a common-law attorney malpractice action more closely than it does any other action. ”

“ A referee, a single judge, the Appellate Division of the Supreme Court and the Court of Appeals successively have decided against the relator's claim, but it brings the case here on the ground that an attempt to repeal the statute upon which it bases its immunity impairs the obligation of contracts and is void. ”

“ When there are acts or provisions of law relating to the same subject, effect is to be given to both, if that be practicable. If the two are repugnant, the latter will operate as a repeal of the former to the extent of the repugnancy. ”

“ Rep. 56, that, where a statute provides for a writ of error to a specific court of appeals, it must be regarded as a repeal of any previous statute which provided for a writ of error to another and different court, and that the decisions of the court of appeals of the United States for the Indian territory are final, except so far as they are made subject to review by some express provision of law. ”

“ The petitioners therefore prayed that the repealing Act should be itself repealed as being in their opinion "the most probable means of immediately quieting the minds of the people." The sheriffs and the remembrancer were instructed to present the petition to the House of Commons without delay, but rather than listen to a debate for a repeal of the Act, of which General Conway had given notice, the House suddenly adjourned until the 19th. ”

“ An appeal to the supreme court of appeals is given of right to any party aggrieved, upon conditions not necessary to be stated, and that court, if it reverses what has been done, is to substitute such order as, in its opinion, the commission should have made. ”

“ He belongs to the highest class of what, in this country, are called “Gentlemen-farmers”—so that, as regards station in society, I am placed pretty nearly at the point of contact where all ranks of Repealers touch. ”

“ To determine whether rights and remedies in a duty of fair representation action are legal in character, we must compare the action to the 18th-century cases permitted in the law courts of England, and we must examine the nature of the relief sought. ”

“ It is now the custom for all people to address each other by the appellation of Citizen; and whether you are a citizen or not—whether you inhabit Paris, or are a native of Peru—still it is an indication of aristocracy, either to exact, or to use, any other title. This is all congruous with the system of the day: the abuses are real, the reform is imaginary. The people are flattered with sounds, while they are losing in essentials. And the permission to apply the appellation of Citizen to its members, is but a poor compensation for the despotism of a department or a municipality. ”

“ An historic procedure for preserving rights during the pendency of an appeal is no less appropriate-unless Congress has chosen to withdraw it-because the rights to be vindicated are those of the public and not of the private litigants. ”

“ While repeals by implication are not favored, it is well settled that where two acts are not in all respects repugnant, if the later act covers the whole subject of the earlier, and embraces new provisions which plainly show that the last was intended as a substitute for the first, it will operate as a repeal. ”

“ When a State not only gives leave for appellate correction of trial errors but must pay for the cost of its exercise by the indigent, it may protect itself so that frivolous appeals are not subsidized and public moneys not needlessly spent. The growing experience of reforms in appellate procedure and sensible, economic modes for securing review still to be devised, may be drawn upon to the end that the State will neither bolt the door to equal justice nor support a wasteful abuse of the appellate process. ”

“ The wealth of suggestions deserves our careful consideration. Our biennial review of proposed amendments to the Rules of Practice, which we will undertake next term, provides a suitable occasion to review proposals for modifications of the entire controversy doctrine, expanded use of party joinder, and other suggestions to improve the administration of justice. The Civil Practice Committee, to which we regularly look for recommendations on proposed rule changes, already has appointed a subcommittee on the entire controversy doctrine. ”

“ Thus, we come to the question whether the courts below were correct in holding that the Government was not entitled to damages under § 26 (b) (2) . With respect to the theory adopted by the District Court that the Government's original complaint constituted an irrevocable election of remedies, we can find nothing either in the language of § 26 (b) or in its legislative history which lends the slightest support to such a construction. This fact leads naturally to the conclusion that the ordinary liberal rules governing the amendment of pleadings are applicable. ”

“ To establish an implied repeal there must, under the legislative mandate, be shown some necessary contradiction, so extreme as to justify this court in finding it impossible to permit the government the choice between the two remedies where the facts bring the offense within the provisions of both statutes. ”

“ There must be, to repeal by implication, a positive repugnancy between the provisions of the new law and those of the old; and even then the old law is repealed only pro tanto, to the extent of the repugnancy. ”

“ An appeal opens both fact and law, and therefore might be regarded as intended to raise questions of law in any way that might be deemed proper. But a petition for revision opens only questions of law, and when the foundation of its jurisdiction is thus narrowed, the action of the court cannot enlarge it so as to deal with the facts. In the next place, in this case the circuit court of appeals made no such attempt. ”

“ The statute giving the party an appeal gives the defeated party the right to appeal from the rendering or passing of the judgment or decree complained of. He has his choice, and when he takes it, and his appeal is good, his further right or appeal in that case is gone. ”

“ When Congress, acting in a field of dominant federal interest as part of a comprehensive scheme of federal regulation, confers rights and creates remedies with respect to certain conduct, it has expressed its judgment on the desirable scope of regulation, and state action to supplement it is as 'conflicting,' offensive and invalid as state action in derogation. ”

“ The issue of whether an intervention will cause an injustice to the immediate parties, is a larger consideration when the application to intervene is at trial, as opposed to on appeal. On appeal, the court has the ability to limit interventions to those matters of public policy that arise with respect to the legislation under consideration. The perception of unfairness at the appeal level is also much reduced where the intervener is not attempting to lead new evidence that the party opposed to the intervention would have to contend with. ”

“ It is conceded that, under the general principles of the common law, the repeal of a penal statute operates as a remission of all penalties for violations of it committed before its repeal, and a release from prosecution therefor after said repeal, unless there be either a clause in the repealing statute, or a provision of some other statute expressly authorizing such prosecution. ”

“ If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the representatives of one or more of the parties to the dispute, the members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice. ”

“ You cannot prevent appeals without great inconveniences; but Congress can prevent that dreadful oppression which would enable many men to have a trial in the federal court, which is ruinous. There is a power which may be considered as a great security. The power of making what regulations and exceptions in appeals they may think proper may be so contrived as to render appeals, as to law and fact, proper, and perfectly inoffensive. ”

“ All laws that have received the sanction of the two legislative bodies may be subjected to public reconsideration with the possibility of repeal provided that such reconsideration be asked for by a number of electors equal to at least a fourth of the enfranchised citizens.
The Right of Petition 58. All citizens have the right of petition towards those bodies which they have helped to elect. ”

“ As the Court has said, we "are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective." ”

“ It means, at most, that a general replication is always sufficient to put in issue every material allegation of an answer or amended answer, unless the rules of pleading imperatively require an amendment of the bill. ”

“ An association has standing to sue on behalf of its members when "its members would otherwise have standing to sue in their own right, the interests at stake are germane to the organization's purpose, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit." ”