Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law ... - Chrisenberry Lee Bates - Βιβλία Google

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§ 102. Same-Statutory definition-Punishment of treason,

103. Bills of attainder prohibited-Defined,

104. Same-Defined by United States supreme court,

105. Limitations upon the power of the government in prosecu-

106. Same History and character of the procedure in England—

The commons the grand inquest of the realm,

.....

107. Same Same-Objects and purposes of parliamentary im-

peachments in England-Ministerial responsibility, ..

108. Same-Objects and purposes of impeachments under the

federal constitution,

109. Same-Restraint upon pardoning power of the president,

110. Same-Right of trial by common-law jury, ...

111. Due process of law-Maxims of the English constitution and

the common law,

112. Same Means and methods by which these guaranties were

113. Due process of law secured by constitutional limitation upon

both federal and state governments,

114. The constitutional provision securing due process of law as

against the action of the federal government,

115. Same-The inhibition is a restraint on all the departments

of the government,

116. Due process of law defined,

117. The federal rule for determining what is "due process of

118. Same-Controlling force of the federal constitution,

119. Same-Same-Decision of administrative officers as to

right of foreigners to enter the United States,

120. The "due process of law" of the English constitution em-

bodied in the amendments to the federal constitution,

Same-Discovery in a suit in chancery,

123. No person compelled to be a witness against himself in a

124. Same-Extent and application of the principle,

125. Same Meaning of the words, "any criminal case,"

128. Same Same-Act in relation to testimony before the inter-

state commerce commission, .....?

129. The maxim Nemo tenetur seipsum accusare-Its history,

.....

130. Same-Test of admissibility of confessions,

and exceptions to the rule,

131. Fourth and fifth amendments violated by federal legislation,

132. Presentment or indictment by grand jury required in prose-

cutions for infamous crimes,

§ 133. Office and functions of the grand jury,

134. Indictment cannot be amended or changed by the court,

134a. Defendant discharged on habeas corpus when convicted of

infamous crime without indictment of grand jury,

135. "Infamous crime" defined,

136. Same-Felony,

137. Exception to the constitutional rule requiring indictments

in the prosecution of infamous crimes-Land and naval

forces-Militia in actual service, ....

138. Constitutional right of trial by jury in criminal cases,

139. Same-It is a common-law jury of twelve men, and a trial

according to the rules of the common law,

140. Speedy and public trial,

141. Same-When crimes against federal laws are local and

142. Same-Right of accused to be informed of the nature and

cause of the accusation, ...

143. Same-Right of accused to be confronted with the witnesses

against him-Exceptions-Dying declarations,

144. Same Same-Object of the constitutional provision-Cross-

examination ground of exception to the rule, .....

145. Same-Right of accused to compulsory process for witnesses

and assistance of counsel, ...

146. Punishment-Cruel and unusual not to be inflicted,

147. Same Same-Cumulative penalties imposed on habitual

148. No person twice in jeopardy for same offense-Meaning of

the prohibition,

149. Same-Acquittal upon defective indictment-Common-law

150. Same Same Rule as to acquittal upon defective indict-

ment in the federal courts,

151. Same-The verdict constitutes the bar,

152. Same-When defendant procures verdict of conviction set

153. Same-Several counts in the indictment-Nolle prosequi as

to some No finding as to others,

154. Same-Disagreement of the jury-Discharge for bias, dis-

qualification or corruption,

155. Ex post facto laws-Inhibition applies only to legislation

concerning crimes,

159. Same-Legislative acts valid as to one class of cases and

void as to another class,

160. Same-Illustrations,

161. Same Statutes mitigating punishment-What is a mitiga-

§ 162. Same-When accused discharged,

163. Constitutional right of trial by jury in civil cases at law, ..

164. Same Meaning of the phrases "cases in law" and "suits at

common law," ...

165. Same-Trial by jury defined,

166. Same-Not to be defeated by blending legal and equitable

167. Same-Philippine Islands,

168. Same-Not applicable to court of claims,

169. Fact tried by jury not re-examined otherwise than accord-

ing to the rules of the common law,

170. Same-Doctrine stated by Justice Gray,

171. Same-Facts tried by jury in bankruptcy proceedings re-

175. Same-Mode of procedure in exercising the power,

LIMITATIONS IMPOSED BY THE FEDERAL CONSTITUTION

UPON THE STATES.

(a) THE EFFECT OF THE LATE AMENDMENTS UPON THE STATE AND FED-

ERAL GOVERNMENTS AND THEIR RELATIONS TOWARD EACH OTHER,

AND UPON THE RELATIONS OF EACH TOWARD THE PEOPLE.

178. The purposes of this chapter,

179. Principles of the government as settled prior to the adoption

of the late amendments,

180. Same-Divided sovereignty-The doctrine of Marshall, Ta-

181. Same-Municipal sovereignty of the states defined,

182. Same Same State's power of taxation,

183. Same-Same-Taxation of property employed in interstate

184. Same-Same-Taxation of intangible property,

185. Same Same Same,

186. Same-Same-Power of state to fix situs of stock of corpora-

tion for purposes of taxation,

187. Same Same Power of state to tax personal property with-

189. System of government not changed by the adoption of the

late amendments,

190. The police power of the states preserved intact,

§ 191. Same-State police regulations incidentally affecting inter-

state and foreign commerce-Rights secured by the con-

192. Same Sunday laws,

Power of the state to regulate the use of property

"affected with a public interest,"

194. Same-Regulation of railroads,

195. Same Same The state may prohibit the consolidation of

parallel railway lines,

196. Same--Maintaining safety of railroad crossings,

197. Same-Limiting hours of labor in unhealthy employments,

198. Same State statute requiring company "store orders" to

be redeemed in cash,

199. Same-Health regulations,

200. Same Power of municipal corporations to impose license

fee on interstate telegraph lines to pay cost of police su-

201. Same-Power of the state to protect local commerce and

local industries from unlawful restraints and monopolies, 173

202. Same Same-Distinction between commerce and manufac-

203. Same-Growth and expansion of the police power since the

adoption of the late amendments,

204. The power of the states to maintain their own internal pol-

ity and judicial systems not taken away by the adoption

of the fourteenth amendment,

Sovereignty for protection of fundamental rights

rests with the states-Not in the federal government,

206. Same Same Same-Individual invasion of the rights guar-

antied by the fourteenth amendment,

207. Same Same Same Protection of the elective franchise,

208. Same-Power of the states to maintain their own judicial

(b) THE INTENT AND APPLICATION OF THE LATE AMENDMENTS

WORKED OUT BY THE "GRADUAL PROCESS OF JUDICIAL INCLU-

SION AND EXCLUSION."

209. Judicial method of constitutional construction-Early con-

stitutional history,

210. Same Modern method-"Judicial inclusion and exclusion,"

211. Same-Same-Same-Usual points of alleged conflict-

Frivolous contentions of litigants,

[blocks in formation]

213. Same-The African race-Dred Scott case,

214. Two sources of citizenship,

215. Natural-born citizens-Not defined by the constitution-

Resort had to the common law,

§ 216. Same-Common law rule,

217. Same-Common law rule prevailed in American colonies

and under original constitution-Slave population ex-

218. Same-Same-The Indian tribes,

219. Same-Indian tribes not citizens by birth since fourteenth

220. The fourteenth amendment affirms and extends the com-

mon law rule of citizenship by birth,

221. Same-Chinese person born in the United States,

222. Same Meaning of the qualifying words; "And subject to

the jurisdiction thereof,"

223. The principle upon which foreign ministers are exempt

from local jurisdiction and their children excluded from

citizenship by birth,

224. Same-Same-The doctrine of Chief Justice Marshall re-

affirmed by recent decision, ..

225. Same-Same-Consuls and their children not within the

225. Principle upon which children born in hostile occupation

are excluded from citizenship,

227. Same Person born within the seceded states,

228. Resume as to the qualifying words of the citizenship clause

of the fourteenth amendment,

229. Citizenship by naturalization,

230. Same-Citizenship of married woman follows that of her

231. "Collective naturalization" by the admission of new states

into the union,

232. Same-Texas admitted into the union with her population

233. "Collective naturalization" by treaty or statute,

234. Dual citizenship,

235. The fourteenth amendment added nothing to the rights of

236. Expatriation-Right of declared by federal statute,

237. Same-Not accomplished by mere declaration of intention,

(d) THE PRIVILEGES AND IMMUNITIES OF THE CITIZENS OF THE SEV-

ERAL STATES.

238. Complex nature of those rights denominated "Privileges

and immunities of citizens,"

239. Privileges and immunities of citizens not defined in the

241. History of the words "Privileges and immunities of citi-

zens"-Colonial charters,

242. Same-Declaration of rights of 1774,

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