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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 302

Citation
§ 302
Parent Document
United States v. Wittek, 337 U.S. 346 (1949)
Effective Date
1949-06-20

Other Sections in This Document (147)

Full Text

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“. . . There is an old and well-known rule that statutes which in general terms divest pre-existing rights or privileges will not be applied to the sovereign without express words to that effect. It has been stated, in cases in which there were extraneous and affirmative reasons for believing that the sovereign should also be deemed subject to a restrictive statute, that this rule was a' rule of construction only. Though that may be true, the rule, has been invoked successfully in cases so closely similar to the present one, and the statement of the rule in those cases has been so explicit, that we are inclined to give it much weight’ here.” United States v. United Mine Workers, 330 U. S. 258, 272-273. See also, United States v. Wyoming, 331 U. S. 440, 449; United States v. Stevenson, 215 U. S. 190, 197; United States v. American Bell Telephone Co., 159 U. S. 548, 554-555; United States v. Herron, 20 Wall. 251, 263.