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DELAWARE,

revenue bills must originate in lower house, 160, n.

right of jury to determine the law in cases of libel, 399, n.
protection of person and property by law of the land, 436, n.
liberty of speech and of the press in, 519, n.
privilege of legislators in debate, 556, n.
exclusion of religious teachers from office, 583, n.
religious tests forbidden, 583, n.

DELEGATION OF POWER,

of judicial power, not admissible, 117.

by the legislature not admissible, 145–152.

except as to powers of local government, 145.
by municipal corporations invalid, 248.
DEPARTMENTS OF THE GOVERNMENT,
division of powers between, 42-47, 49, 106-114.
equality of, 56, n., 57, n.

DESCENT, LAW OF, 445-448.
DESECRATION OF THE SABBATH,
constitutional right to punish, 594, 734.

DESTRUCTION OF PROPERTY,

to prevent calamities, 257-258, n.

DIRECTORY STATUTES,

what are, and what are mandatory, 89–95.

doctrine of, not admissible as to constitutional provisions, 94-99.
DISCRETIONARY POWERS,

what are, 50-53.

department to which they are confided decides finally upon, 50–53, 138, n.
DISCRIMINATIONS,

cannot be made in taxation between citizens of different States, 606.

in legislation between different classes, 487-495.

in the privileges and immunities of citizens, 13, 19, 20, 497, 753.
not to be made on account of religious belief, 580–584.
'DISCUSSION,

right of, 432.

(See LIBERTY OF SPEECH AND OF THE PRESS.)

DISFRANCHISEMENT,

of voters, may render a statute void, 776.

what classes excluded from suffrage, 36-38, 88, 752, 753.

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between sovereign States, 2.

between the States and the Union, 2.

among departments of State government, 42-46, 50, 107.

DIVISION OF TOWNSHIPS, &c.,

question of, may be submitted to people, 144.

disposition of property and debts on, 233, n.

DIVORCE,

DOGS,

question of, is properly judicial, 132.

power of the legislature over, 132, 133.

general doctrine of the courts on the subject, 134.

conflicting decisions, 134-136.

legislative divorce cannot go beyond dissolution of the status, 137.
constitutional provisions requiring judicial action, 133, n.

laws for, do not violate contracts, 348.

and may be applied to pre-existing causes, 325, n.
what gives jurisdiction in cases of, 501, 502.

actual residence of one party in the State sufficient, 502.
conflict of decisions on this subject, 502, 503, n.

not sufficient if residence merely colorable, 502.

necessity for service of process, 501.

cannot be served out of State, 505.

substituted service by publication, 505, 506.
restricted effect of such notice, 506.

order as to custody of children, 507.

alimony not to be awarded if defendant not served, 508.

police regulation of, 748.

DOMAIN,

ordinary, of the State, distinguished from eminent domain, 650.
DOMICILE,

gives jurisdiction in divorce cases, 502.

but must be bona fide, 502.

of wife may be different from that of husband, 503, n.

of one party, may give jurisdiction in divorce cases, 502.
of voters, meaning of, 755.

DOUBLE PUNISHMENT,

for same act under State and municipal law, 242.

for counterfeiting money, 25.

DOUBLE TAXATION,

sometimes unavoidable, 639.

DOUBTFUL QUESTIONS,

of constitutional law, duty in case of, 88, 89, 220-224.

DOWER,

legislative control of estates in, 447.

DRAINS,

appropriating property for purposes of, 665.
special assessments for, 613, n., 635–637.
ordered under police power, 741.

DRUNKENNESS,

does not excuse crime, 593, n.
is a temporary insanity, 753, n.

DUE PROCESS OF LAW,

meaning of the term, 437, 460, n.
(See LAW OF The Land.)

DUPLICATE PUNISHMENTS,

by States and United States, 24.
by States and municipal corporations, 242.

DUTIES AND IMPOSTS,

to be uniform throughout the United States, 11.
what the States may lay, 19.
DWELLING-HOUSE,

is the owner's castle, 29, 367.

homicide in defence of, 377.

quartering soldiers in, prohibited, 378.

DYING DECLARATIONS,

admissible in evidence on trials for homicide, 393.

inconclusive character of the evidence, 393.

E.

EASEMENTS,

acquirement by the public under right of eminent domain, 651.
private, cannot be acquired under this right, 661–663.

(See EMINENT DOMAIN.)

ECCLESIASTICAL CORPORATIONS,

powers and control of, 580, n.

ELECTIONS,

on adoption of State constitutions, 35-39.

people exercise the sovereignty by means of, 751.

who to participate in, 752.

constitutional qualifications cannot be added to by legislature, 78, n.

exclusion of married women, aliens, minors, idiots, &c., 753.

conditions necessary to participation, 753, 756-759.

presence of voter at place of domicile, 754.

what constitutes residence, 755.

registration may be made a condition, 757.

preliminary action by the authorities, notice, &c., 758.

mode of exercising the right, 760.

the elector's privilege of secrecy, 760–764.
a printed ballot is "written," 761, n.
ballot must be complete in itself, 764.
technical accuracy not essential, 766-769.
explanations by voter inadmissible, 765.
must not contain too many names, 765.
name should be given in full, 766.

sufficient if idem sonans, 766.

what abbreviations sufficient, 766, 767.
erroneous additions not to affect, 768.
extrinsic evidence to explain imperfections, 769, 770.
ballot must contain name of office, 771.

but need not be strictly accurate, 771.
different boxes for different ballots, 771.
elector need not vote for every office, 772.
plurality of votes cast to elect, 772, 781.
effect if highest candidate is ineligible, 781.
freedom of elections, 773.

bribery or treating of voters, 773.

militia not to be called out on election day, 775.

ELECTIONS, - continued.

courts not to be open on election day, 773.
bets upon election are illegal, 774.

contracts to influence election are void, 774.

elector not to be deprived of his vote, 450, n., 776.
statutes which would disfranchise voters, 776.
failure to hold election in one precinct, 776.

liability of inspectors for refusing to receive vote, 777.
elector's oath when conclusive on inspector, 777.

conduct of the election, 778.

effect of irregularities upon, 778, 779.

what constitutes a sufficient election, 781.

not necessary that a majority participate, 781.

admission of illegal votes not to defeat, 782.
unless done fraudulently, 782.

effect of casual affray, 783.

canvass and return, 784.

canvassers are ministerial officers, 784.

canvassers not to question returns made to them, 785.

whether they can be compelled by mandamus to perform duty, 785.
contesting elections in the courts, 786.

canvassers' certificate as evidence, 788.

courts may go behind certificate, 787.

what surrounding circumstances may be given in evidence, 790.
whether qualification of voters may be inquired into, 791.

to legislative body, house to decide upon, 161.

EMANCIPATION,

of slaves in Great Britain and America, 13, 362–367.
of children by parents, 420.

EMERGENCY,

declaration of, 192, n.

EMINENT DOMAIN,

distinguished from ordinary domain of States, 650.

definition of, 652.

right of, rests upon necessity, 651.

cannot be bargained away, 343, 652.

general right is in the States, 653.

for what purposes nation may exercise right, 653, 654.

all property subject to right, 654.

exception of money and rights in action, 656.

legislative authority requisite to, 657.

legislature may determine upon the necessity, 657, 672.

conditions precedent must be complied with, 658.

statutes for exercise of, not to be extended by intendment, 660.

the purpose must be public, 661.

private roads cannot be laid out under, 661.

what constitutes public purpose, 663.

whether erection of mill-dams is, 666-669.

property need not be taken to the State, 671.

individuals or corporations may be public agents for the purpose, 672.

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the taking to be limited to the necessity, 674-676.

statute for taking more than is needed is ineffectual, unless owner assents,
675.

what constitutes a taking of property, 676.

incidental injuries do not, 676-680.

any deprivation of use of property does, 680.
water front and right to wharfage is property, 680.

right to pasturage in streets is property, 681.

taking of common highway for higher grade of way, 681.

if taken for turnpike, &c., owner not entitled to compensation, 682.
difference when taken for a railway, 683, 684.

owner entitled to compensation in such case, 687.

whether he is entitled in case of street railway, 687.

decisions where the fee of the streets is in the public, 688-693.
distinction between a street railway and a thoroughfare, 693, 694.
right to compensation when course of a stream is diverted, 696.
whether the fee in the land can be taken, 697-699.
compensation must be made for property, 699.

must be pecuniary, 699.

preliminary surveys may be made without liability, 700.

need not be first made when property taken by State, &c., 700.
sufficient if party is given a remedy by means of which he may obtain
it, 701.

time for resorting to remedy may be limited, 701.

waiver of right to compensation, 702.

when property taken by individual or private corporation, compen-
sation must be first made, 702.

tribunal for assessment of, 703.

time when right to payment is complete, 704.

principle on which compensation to be assessed, 705.

allowance of incidental injuries and benefits, 706, 707.

not those suffered or received in common with public at large, 710, 711.
if benefits equal damages, owner entitled to nothing, 711.
assessment of damages covers all consequential injuries, 712.
for injuries arising from negligence, &c., party may have action, 712.
ENABLING ACT,

to entitle Territory to form State constitution, 35, 36, 38.
ENGLAND,

(See GREAT BRITAIN.)

ENUMERATED POWERS,

United States, a government of, 10.

EQUALITY,

of protection guaranteed by the fourteenth amendment, 13.

of the several departments of the government, 56, n.

of rights and privileges, the aim of the law, 493.
grants of special privileges construed strictly, 493–497.
religious, 580-597.

EQUITABLE TITLES,

(See RELIGIOUS LIBERTY.)

may be changed by legislature into legal, 470 and n., 471.

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