DIVISION OF POWERS, between sovereign States, 2. between the States and the Union, 2. among departments of State government, 33-37, 39, 87. DIVISION OF TOWNSHIPS, &c., question of, may be submitted to people, 119. DIVORCE, DOGS, question of, is properly judicial, 109. power of the legislature over, 109, 110. general doctrine of the courts on the subject, 111. conflicting decisions, 112, 113. legislative divorce cannot go beyond dissolution of the status, 114. laws for, do not violate contracts, 284. and may be applied to pre-existing causes, 266, n. what gives jurisdiction in cases of, 400, 401. actual residence of one party in the State sufficient, 400, 401. not sufficient if residence merely colorable, 401. necessity for service of process, 402. cannot be served out of State, 403. substituted service by publication, 403, 404. restricted effect of such notice, 405, 406. order as to custody of children, 405. alimony not to be awarded if defendant not served, 406. police regulation of, 595. DOMAIN, ordinary, of the State, distinguished from eminent domain, 523. gives jurisdiction in divorce cases, 400. but must be bona fide, 401. of wife, may be different from that of husband, 401, n. of one party, may give jurisdiction in divorce cases, 400. of voters, meaning of, 599, 600. DOUBLE PUNISHMENT, for same act under State and municipal law, 199. for counterfeiting money, 18. DOUBLE TAXATION, sometimes unavoidable, 513. DOUBTFUL QUESTIONS, of constitutional law, duty in case of, 73, 74, 182-186. DOWER, legislative control of estates in, 360, 361. DRAINS, appropriating property for purposes of, 533. DRUNKENNESS, does not excuse crime, 476, n. meaning of the term, 353, 369, n. (See LAW OF THE LAND.) DUPLICATE PUNISHMENTS, by States and United States, 18. by States and municipal corporations, 199. to be uniform throughout the United States, 10. DWELLING-HOUSE, is the owner's castle, 22, 299. homicide in defence of, 308. quartering soldiers in, prohibited, 308. DYING DECLARATIONS, admissible in evidence on trials for homicide, 318. inconclusive character of the evidence, 318. E. EASEMENTS, acquirement by the public under right of eminent domain, 524. (See EMINENT DOMAIN.) ECCLESIASTICAL CORPORATIONS, powers and control of, 467, n. ELECTIONS, people exercise the sovereignty by means of, 598. who to participate in, 599. constitutional qualifications cannot be added to by legislature, 64, n. exclusion of married women, aliens, minors, idiots, &c., 599. conditions necessary to participation, 599, 601, 602. presence of voter at place of domicile, 599. what constitutes residence, 599, 600. registration may be made a condition, 601. preliminary action by the authorities, notice, &c., 602. mode of exercising the right, 604. the elector's privilege of secrecy, 604–606. a printed ballot is "written," 604. sufficient if idem sonans, 608. what abbreviations sufficient, 608, 609. ELECTIONS — continued. erroneous additions not to affect, 610. but need not be strictly accurate, 612. bribery or treating of voters, 614. militia not to be called out on election day, 615. bets upon election are illegal, 615. contracts to influence election are void, 615. liability of inspectors for refusing to receive vote, 616. conduct of the election, 617. effect of irregularities upon, 617, 618. what constitutes a sufficient election, 619. not necessary that a majority participate, 620. admission of illegal votes not to defeat, 620. unless done fraudulently, 621. effect of casual affray, 621. canvass and return, 622. canvassers are ministerial officers, 622. canvassers not to question returns made to them, 622. whether they can be compelled by mandamus to perform duty, 623. contesting elections in the courts, 623. canvassers' certificate as evidence, 624. courts may go behind certificate, 624. what surrounding circumstances may be given in evidence, 626. whether qualification of voters may be inquired into, 627. to legislative body, house to decide upon, 133. EMANCIPATION, of slaves in Great Britain and America, 11, 295–299. of children by parents, 340. EMINENT DOMAIN, distinguished from ordinary domain of States, 523. right of, rests upon necessity, 524. cannot be bargained away, 281, 525. general right is in the States, 525. for what purposes nation may exercise right, 525, 526. exception of money and rights in action, 527. legislative authority requisite to, 527. legislature may determine upon the necessity, 528, 538. statutes for exercise of, not to be extended by intendment, 530. the purpose must be public, 530, 531. private roads cannot be laid out under, 530, 531. what constitutes public purpose, 532, 533. whether erection of mill-dams is, 534-536. individuals or corporations may be public agents for the purpose, 537, 538. statute for taking more than is needed is ineffectual, unless owner assents, what constitutes a taking of property, 541. incidental injuries do not, 542-544. any deprivation of use of property does, 544. taking of common highway for higher grade of way, 545. if taken for turnpike, &c., owner not entitled to compensation, 546. owner entitled to compensation in such case, 549, 550. whether he is entitled in case of street railway, 551. decisions where the fee of the streets is in the public, 552, 555. compensation must be made for property, 559. must be pecuniary, 559. preliminary surveys may be made without liability, 560. need not be first made when property taken by State, &c., 560. time for resorting to remedy may be limited, 561. waiver of right to compensation, 561, 562. when property taken by individual or private corporation, compen- sation must be first made, 562. tribunal for assessment of, 563. time when right to payment is complete, 563, 564. principle on which compensation to be assessed, 565. allowance of incidental injuries and benefits, 556. not those suffered or received in common with public at large, 569, if benefits equal damages, owner entitled to nothing, 570. assessment of damages covers all consequential injuries, 570. ENABLING ACT, to entitle Territory to form State constitution, 27, 28, 30. EQUALITY, (See GREAT BRITAIN.) of protection guaranteed by the fourteenth amendment, 11. of rights and privileges, the aim of the law, 393. EQUITABLE TITLES, (See RELIGIOUS LIBERTY.) may be changed by legislature into legal, 377 and n., 378. may be overruled, 52. when they should not be, 52. ERRORS, waiver of, in legal proceedings, 409. judgments, &c., not void by reason of, 408. ESSENTIAL POWERS OF GOVERNMENT, taxation, eminent domain, &c., cannot be bartered away, 280, 284, 525. religious, are forbidden by State constitutions, 469. ESTATES OF DECEASED PERSONS, special legislative authority to sell lands for payment of debts is consti- such acts forbidden by some constitutions, 98, n. legislature cannot adjudicate upon debts, 103, 104. ESTATES IN LAND, subject to change by the legislature before they become vested, 360. ESTOPPEL, by judgment only applies to parties and privies, 48. does not depend on reasons given by the court, 48, 49. does not apply in controversy about new subject-matter, 49. of the State by its legislation, 73, n., 254, n. EVIDENCE, complete control of legislature over rules of, 288, 367–369. dying declarations, when are, 318. search-warrants to obtain, not constitutional, 305, 307, n. correspondence not to be violated to obtain, 307, n. accused party not compelled to give, against himself, 313. by accused parties in their own favor, 317, n. against accused parties, to be given publicly, and in their presence, 312, |