Diocletian, rule enacted by Diocletian allowing seller to avoid con-
tract for sale of land for inadequacy of price
See also EXECUTION SALES, Inadequacy of price.

Discrimination

Between classes

Discrimination against a member of a class

As a denial of equal protection .

Economic classes

Power of a state under the 14th amendment to aid owners
of wet lands to drain them artificially for agricultural
purposes

Between domestic and foreign corporations

In favor of citizens of own state

In general

Jurisdiction of state court to grant interstate divorce
Under doctrine of Haddock v. Haddock

Test of jurisdiction based on matrimonial domicil
The matrimonial-domicil state is the only state com-
petent to dissolve marriage so long as one of the
parties remains there continuously

Mere domicil of one of the parties within a state at time
divorce proceedings are instituted, not a true test

Pages

927

66

705-715

205

103-108

153-182

153-182

156-179

183-186

158, 163, 166

Jurisdiction of state court that pronounced judgment sub-
ject to question in a court of another state where judg-
ment is brought for enforcement

Jurisdiction of state court - Lack of jurisdiction

160-168

Decision in such case, violation of private rights and
rights of soil and of sovereignty, reserved to some
other state

To pronounce decision in divorce case to which each state
must give full faith and credit

182

182

Interstate divorce National divorce act

211-226

219

219

-

Suggestion for national divorce act

Quaere, as to why congress may not prescribe the effect of
the divorce laws of a state in every other state
To have no effect at all unless they conform to national
standard of morality fixed by Congress.

Quaere, as to why Congress may not enact law: that no
state divorce, legislative or judicial, shall have any
effect in any other state unless it was granted for one or
more of enumerated causes

If Congress may prescribe the causes of interstate divorce, it
may prescribe the forms and modes of procedure to be
observed by each state in granting an interstate divorce.
Source of divorce evil, national in character due to abuse by
individuals and states of the privilege of going
across state lines

This privilege constitutionally subject to regulation by
federal government.

Power of federal government over interstate operation of state
marriages and divorces

Effect of full faith and credit section and R. S. Sec. 905
Question of application of privileges and immunities clause to
divorce suits

226-228

178

cases

Canon of international law regulating jurisdiction in divorce cases

154

Pages

Drainage

Eminent domain

Jury trial on the assessment of benefits in drainage

For agricultural purposes

Power of a state under the 14th a mendment to aid owners of wet
lands to drain them artificially for agricultural purposes
Drainage District, order of district void as repugnant to the 14th

amendment

Due Process of Law

As a restraint upon executive discretion
In general

389-395

705-715

113-116

9, 11, 76-86
76-86

As a restraint upon federal administrative justice in federal law
As a restraint upon state administrative justice in local state law
Discretion allowed by due process clause to federal executive
officers under 5th amendment

As a restraint upon judicial discretion

In general

Of its local law

Of its local substantive law

Of its local law of practice, procedure, and jurisdiction

Discretion allowed by due process clause to state judicial tri-

76-86

80

5-34, 75-86, 91

13

13

5-34

5-34

Discretion allowed by due process clause to state
under the 14th amendment

Denial or abridgment of due process

Claim of denial, based on a collateral issue of fact as distinct from

13, 34

Construction in Slaughter-House cases

14, 15, 23, 34, 54
14, 15, 23, 34, 54
legislatures

75

bunals under the 14th amendment.

As a restraint upon legislative discretion

the scientia of the decision

63-101

Claim of denial based on bias of state court as distinguished from
the results on the merits.

63-101

63-101

Claim of denial, based on alleged mob-domination of state court.
Denial or abridgment of due process ·

of action acquired under the local law of another state
A refusal by a court of one state to enforce a cause of action ac-
quired under the local law of a sister state because its enforce-
ment is inconsistent with the policy of its own local law, re-
sults in a decision not on the merits of the controversy between
the parties, but on the question of the state's comity or hos-
pitality, and therefore is not res judicata, and any local law
or usage attempting to make the judgment res judicata ought
to be held wanting in due process of law under the 14th
amendment as condemning a party without a hearing when
the party has a cause of action acquired under the local law
of a sister state

Denial or abridgment of liberty

Prohibited by 14th amendment

As "liberty" embraces more than freedom from restraint of the
physical person of a liber homo, the spheres of “liberty”
"and property" intersect and overlap

965-971

721-726

725

Due Process of Law-Continued

The liberty guaranteed against deprivation without due process
of law is the liberty of natural not artificial persons
Territorially considered, the sphere of liberty does not extend
beyond the frontiers of the state

Denial or abridgment of liberty ·

-

Right to buy labor

Constitutionality of state statute penalizing deceit in hiring
workmen abroad

Illinois statute bracketing corporations inseparably with
"persons" or liberi homines

The right to buy labor, as distinguished from rights arising out
of the concluded contract, doubtless falls within the exclus-
ive sphere of "liberty."

Due process clause and local state law

Relation of federal and state courts to local state law

Before the due process prohibition of the 14th amendment .
Under due process clause of 14th amendment

Due process clauses and the substance of individual rights
In general

Effect of bribery on due process

Due process of law not wanting if act or decision is within con-
stitutional limits of power and discretion, notwithstanding
bribery

Extra legal quasi-prerogative of judges

In the practical operation of the lex terrae

Abuse of

Under Charles I

Under James II

12

Caused remedial provisions in the Act of Settlement in 1700

12

Judicial bias in interpretation of due process

Fiction of equal economic man, and judicial interpretation of

due process as a federal restraint

Principles of lex terrae, universality of some of principles
English Parliament forbidden to go against some of principles
Rendered "due process of law" in statute of 37 E. 3. cap. 8

Probate proceedings and due process

Validity of letters of administration upon the estate of a living
person absent and unheard of for seven or more years.
Judicial determination

Statutory provision

Proceedings for contempt of court

19, 84-85
19, 84-85

Deprivation of liberty without due
process under summary criminal process for contempt of court
Punishment of stranger to pending and non-pending law suits
under the summary criminal process of contempt of court,
for publications censuring judges for their administration
of the law, as depriving him of his liberty of publication
without due process under the 14th amendment. 35-36, 513-514
559-566, 570
Proceedings for contempt of court — Remedial or civil and punitive or
criminal

In general

-

A proceeding for the contempt of violating a negative order not
to do a thing, as e.g., not to use a trade name in advertising
and selling pianos, is essentially and dominantly punitive or

726-734

Pages

Due Process of Law

Continued

criminal, when the object and result of the contempt pro-
ceeding is a fine payable to the state or a jail sentence for
a definite term
When the object and result of a proceeding for the contempt of
violating a negative order is to award to the party who ob-
tained the order, damages by way of compensation for the
injury done him by the violation of the order, the proceeding
is essentially remedial or civil

728

729

The view of the United States Supreme Court that a contempt
proceeding for violating an order of court against a person
who was not a party or privy to the order, is a punitive or
criminal proceeding for the contempt of obstructing the
course of justice, is in accord with the English rulings, and
clearly is better than the view of the Illinois Supreme Court. 730-731
The view of the Illinois Supreme Court that the whole world is
a party to an all-the-world injunction and that a proceed-
ing for the contempt of violating such an injunction against
a person who was neither party nor privy in point of fact is
a remedial or civil proceeding, has resulted in fining men
and sending them to jail without due process of law in a
proceeding essentially criminal in its nature

The mere failure, alone, to entitle a contempt proceeding in the
name of The People is without any legal significance
Procedure in a state court -Form and mode of procedure for giving notice
Due process of law as applied to informing a corporation that it
it has been sued

-

730-733

726-734

715-717

The true rule on the subject of notice of suit to people on the soil
of a state, so far as the irreducible minimum required by due
process of law goes, must be capable of substantially uniform
and just application throughout the United States . . 716-717
Property rights and due process

Private property, not to be taken for public use without just
compensation

21, 705-715

Principle is included in due process clause of 14th amendment'

Private property contracts, impairment of

21, 705-715

Within the protection of the due process clause of the 14th
amendment

The word "deprive" in the 14th amendment perhaps means the
same thing certainly as much as the word "taken" in the
5th amendment

"Regulation" of property rights as distinguished from "taking".
Government regulation of private property

Does legislative power exist to confirm and legalize a major-
ity plan or reorganization on insolvency of public service
corporations

.

Power of a state under the 14th amendment to aid private owners
of wet lands to drain them artificially for agricultural pur-
poses and to compel others against their will to pay a part
of the cost, e. g., a railroad in the neighborhood across
which the main drainage ditch must go
Question as to public purpose, to accomplish which the state
may, by appropriate agencies, exert the general powers
it possesses for the common good.
Ordinance by municipal council, directing street railroad com-
pany to lower tunnel under navigable river, making no
provision for compensation, is within due process

Retroactive application of state law by a state court

When adjudicating upon private rights, without due process

48, 85

706

706

717-720

705-715

705-715

715

30

Pages

Due Process of Law-Continued

Right to impartial state tribunal

Due process clause of 14th amendment did not change political
right to have impartial state tribunal to a right justiciable by
the federal courts.

Summary process of committal for contempt of court

In general

76, 89, 101

35-36, 513-514, 559-566, 570, 726-734
See ante, PROCEEDINGS FOR CONTEMPT OF COURT.
Test of due process

75

Act of state legislature within due process clause if within con-
stitutional limits of its power and discretion.
Decision of state court within due process clause if within the con-
stitutional limits of its power and judicial discretion
75
The scientia of the decision and not the bias of the tribunal
72-73, 77-79, 82-83, 101

What constitutes due process of law

In general

A process in due harmony with the common law system
of administering justice in the courts

What constitutes lawlessness or want of due process of law

In state courts in cases involving rights of life, liberty, or property
Dutch Jurists, on conflict of laws.
Ecclesiastical Courts, rules of procedure

Emigrant Agents, licence fee, on agents engaged in hiring laborers

23, 27, 48, 79

48, 79

23, 27

185

818

to work outside the state

723

Economic Man, fiction of equal economic man and judicial interpre-

Jury trial on the assessment of benefits

389-395

The right of appeal and trial de novo on a justice's judgment under
secs. 19 and 20 of the Farm Drainage Act of Illinois
Employer's Liability, Federal employer's liability act
Constitutionality of

Jury trial of the question of just compensation for private prop-
erty "taken or damaged"

381-389

374-381

Equal Protection of the Laws

112, 327, 408-418, 975-976

Denial of equal protection
The equal protection of the laws clause of the 14th amendment
compels equality of treatment by a state in cases to which
the equality tacitly involved in "due process" does not extend
Claim of a federal right to enforce in one state the death statute
of another, made under the equality clause of the 14th
amendment

Death by wrongful act statutes

Making locality of the death the test of jurisdiction in civil
actions for damages.

In favor of citizens of own state and against citizens of another
state in the enforcement of Death statutes of other states
As between domestic and foreign corporations.

Unequal administration of equal local state laws

102, 107, 108

888

66

66

66

103-108

205

66

66,77

335-338, 363, 394-395

Discrimination against the plaintiff and in favor of the
defendant