CONSEQUENTIAL INJURIES,

caused by exercise of legal right give no ground of complaint, 481.
do not constitute a taking of property, 676-680.

are covered by assessment of damages when property taken by the public,

711.

but not such as result from negligence or improper construction, 712.
CONSTITUTION,

definition of, 2, 3.

object of, in the American system, 46, 47.
CONSTITUTION OF ENGLAND,

theory of, 4.

power of Parliament under, 4.

developed by precedents, 62, n.

CONSTITUTION OF THE UNITED STATES,

origin of, 6-9.

ratification of, 8, 9.

government of enumerated powers, formed by, 10, 210.
general powers of the government under, 11-14.

judicial powers under, 14-16, 26.

(See COURTS OF THE UNITED STATES.)
prohibition by, of powers to the States, 19, 361, 752.
guaranty of republican government to the States, 23.
implied prohibitions on the States, 24.

and on municipal corporations, 241.

reservation of powers to States and people, 25.

difference between, and State constitutions, 11, 209.

construction of, 10, 11, 25.

amendment of State constitutions, how limited by, 41, 42.

new amendments to, 12.

protection of person and property by, as against State action, 314–361.
bill of rights not at first inserted in, and why, 314.

addition of, afterwards, 315–317.

bills of attainder prohibited by, 317-322.

(See BILLS OF ATTAINDER.)

ex post facto laws also forbidden, 323–333.

(See Ex post facto Laws.)

laws impairing obligation of contracts forbidden, 333-361.

what is a contract, 333-339.

what charters of incorporation are, 339, 340.

whether release of taxation is contract, 341, 346.

whether States can relinquish right of eminent domain, 343, 652.

or the police power, 345, 652.

general laws of the States not contracts, 347.

what the obligation of the contract consists in, 653.
power of the States to control remedies, 351-360.

and to pass insolvent laws, 359, 360.

(See OBLIGATION OF CONTRACTS.)

police regulations by the States, when in conflict with, 720, 737.
(See POLICE POWER.)

taxation of the subjects of commerce by the States, 732, 733.

CONSTITUTIONS OF THE STATES,

compared with that of the United States, 11, 209.
formation and amendment of, 28–47.

conditions on, imposed by Congress, 39, n.

construction of, 48-103.

not the source of individual rights, 47.

(See STATE CONSTITUTIONS; CONSTRUCTION OF STATE CONSTITUTIONS.)
CONSTITUTIONAL CONVENTIONS,

for formation and amendment of State constitutions, 38-41.
proceedings of, as bearing on construction of constitution, 80, 81.
of 1787 sat with closed doors, 524.
CONSTITUTIONAL GOVERNMENTS,
meaning of the term, 3.

CONSTITUTIONAL PRIVILEGES,

may be waived generally, 219. (See WAIVER.)
CONSTRUCTION,

meaning of and necessity for, 48, 49.

of United States Constitution and laws by United States courts, 15.
of State constitution and laws by State courts, 16–18, 361.

CONSTRUCTION OF STATE CONSTITUTIONS,
meaning of the term "construction," 49, n.

necessity for, 48.

questions of, arise whenever powers to be exercised, 50.

who first to decide upon, 50-52.

in certain States judges may be called upon for opinions in advance, 51.
in what cases construction by legislature or executive to be final, 51–54.
in what cases not, 53, 54.

when questions of, are addressed to two or more departments, 53.
final decision upon, rests generally with judiciary, 54-57, 65, 66.

reasons for this, 55.

this does not imply pre-eminence of authority in the judiciary, 56, n.
the doctrine of res adjudicata, 58-66.

decisions once made binding upon parties and privies, 58, 59.

force of judgment does not depend on reasons given, 60.

strangers to suit not bound by, 61.

nor the parties in a controversy about a new subject-matter, 61.

the doctrine of stare decisis, 58–66.

only applicable within jurisdiction of court making the decision, 63.
importance of precedents, 62, n.

when precedents to be disrega ded, 65.

when other departments to follow decisions of the courts, and when
not, 65, 66.

uniformity of construction, importance of, 67.

not to be affected by changes in public sentiment, 67.

words of the instrument to control, 68-70, 79, 102, n., 158.

intent of people in adopting it to govern, 67-70.

intent to be found in words employed, 68 and n., 70.

whole instrument to be examined, 70, 71, 72, n.

words not to be supposed employed without occasion, 71.
effect to be given to whole instrument, 71.

CONSTRUCTION OF STATE CONSTITUTIONS,
irreconcilable provisions, 71 and n.

general intent as opposed to particular intent, 72 and n.
words to be understood in their ordinary sense, 72, 102, n.

whether provisions in derogation of, should be strictly construed, 74, n.
arbitrary rules of, dangerous, 73-76, 102.

and especially inapplicable to constitutions, 71.

same word presumed employed in same sense throughout, 75.

t is not a conclusive rule, 75.

operation to be prospective, 76.

implied powers to carry into e ect express powers, 77, 78.

power granted in general terms is coextensive with the terms, 78.

when constitution prescribes conditions to a right, legislature cannot add
others, 78.

mischief to be remedied, consideration of, 79.

prior s ate of the law to be examined, Ɛ0.

proceedings of constitutional convention may be consulted, 80.

reasons why unsatisfactory, 80, 81.

weight of contemporary and practical construction, 81, 82.

the argument ab inconvenienti, 82-85, 86, n.

deference to construction by executive officers, 83, 84.
plain intent not to be defeated by, 81–88.

injustice of provisions will not render them void, 87, 88.
nor authorize courts to construe them away, 88.
doubtful cases of, duty of officers acting in, 88, 89.
directory and mandatory statutes, doctrine of, 89–94.
not applicable to constitutions, 94–99.
has been sometimes applied, 95–97.
authorities generally the other way, 98.
self-executing provisions, 99-102.

CONSTRUCTION OF STATUTES,

by judiciary conclusiveness of, 115.

to be such as to give them effect, if possible, 223.
conflict with constitution not to be presumed, 224.

directory and mandatory, 83-94.

contemporary and practical, weight to be given to, 81-86.
to be prospective, 461.

CONSTRUCTIVE NOTICE, 504, 505.
CONTEMPORANEOUS CONSTRUCTION,
force and effect of, 81-86.

CONTEMPTS,

of the legislature, punishment of, 161-163.
of legislative committees, 164.

no jury trial in cases of, 394, n.

CONTESTED ELECTIONS,

right of the courts to determine upon, 787.

(See ELECTIONS.)

CONTESTED FACTS,

cannot be settled by statute, 117, 126, 127.
CONTESTED SEATS,

legislative bodies to decide upon, 161.

CONTINENTAL CONGRESS,

powers assumed and exercised by, 6-8.
CONTINGENT LEGISLATION,

authority of the States to adopt, 142, 146, n., 147, n.
CONTRACTS,

for lobby services, illegal, 165, 166.

to influence elections, are void, 774.

cannot be made for individuals by legislative act, 459 and n.
charters of municipal corporations do not constitute, 231–233.
of private corporations are, 340.

of municipal corporations ultra vires void, 237.
invalid, may be validated by legislature, 464–479.
obligation of, not to be violated, 153, 333.

COPYRIGHT,

(See OBLIGATION OF CONTRACTS.)

Congress may secure to authors, 12.

COR ORATE CHARTERS,

(See CHARTERS.)

CORPORATE FRANCHISES,

may be appropriated under right of eminent domain, 655.

CORPORATE PROPERTY,

legislative control of, 289.

CORPORATIONS,

organization of, not a judicial function, 122, n.

private, may be authorized to take lands for public use, 670-672.
irregular organization of, may be valida ed, 463, 467, n.

(See CHARTERS, MUNICIPAL CORPORATIONS.)

CORPUS DELICTI,

not to be proved by confessions, 386.

CORRESPONDENCE,

private, inviolab lity of, 375 and n.

COUNSEL,

constitutional right to, 326, 327, 408–417.
oath of, 409 and n.

duty of, 109, 410, 413, 417.

denial of, in England, 409-411.

court to assign, for poor persons, 412.

whether those assigned may refuse to act, 412.

privilege of, is the privilege of the client, 413 and n.

independence of, 413 and n., 416, n.

not at liberty to withdraw from cause, except by consent, 413.

how far he may go in pressing for acquittal, 414, 415.

duty of, as between the court and the prisoner, 413, n.

whether to address the jury on the law, 415, 416.
summary punishment of, for misconduct, 416.
limitation of client's control over, 417 and n.

(See ATTORNEYS.)

COUNSEL,

- continued.

may be employed before 'egislative committees, 166.

but not as lobbies, 166, n.

not liable to action for what he may say in judicial proceedings, 553–556-
unless irrelevant to the cas', 555.

not privileged in afterwards publishing his argument, if it contains injuri-
ous re ection, 559.

newspaper publisher not justified in publishing speech of a criminal re-
flecting on his counsel, 568.

COUNTERFEITING,

Congress may provide for punishment of, 11, 25.

States also may punish, 25.

COUNTIES AND TOWNS,

difference from chartered incorpora'ions, 296.

COUNTY SEAT,

change of, 481.

COURTS,

(See MUNICIPAL CORPORATIONS.)

duty of, to refuse to execute unconstitutional laws, 86, n., 98, 99, 194
et ej.

contested elections to be determined by, 786.

not to be directed by legislature in decisions, 114-116.

action of, not to be set aside by legislature, 116.

must act by majorities, 117.

not to be open on election days, 773.

power to declare, laws unconstitutional a delicate one, 194, 195.

will not be exercised by bare quorum, 197.

nor unless necessary, 198.

nor on complaint of one not interested, 199.

nor of one who has assented, 199.

will not declare laws void because solely of unjust provisions, 199–204.
nor because in violation of fundamental principles, 205–207.

nor because conflicting with the spirit of the constitution, 208–210.
nor unless a clear repugnancy between the laws and the constitution,
209-213.

special, for trial of rights of particular individuals, 492.

of star chamber, 423.

of high commission, 423.

martial, 394, n.

of the United States, to be created by Congress, 12.

CREDIT,

general powers of, 14.

removal of causes to, from State courts, 15.

to follow State courts as to State law, 16, 17.

to decide finally upon United States laws, &c., 14, 361.
require statutes to apportion jurisdiction, 26.

have no common-law jurisdiction, 26.

in what cases may issue writs of habeas corpus, 426–428.

bills of, 19.

CREDITOR,

control of debtor by, 422.