CHAPTER XII.

LIBERTY OF SPEECH AND OF THE PRESS.

Protection of by the Constitution of the United States

State constitutional provisions

Not well protected nor defined at common law

Censorship of the press; publication of proceedings in Parliament

not formerly suffered.

Censorship of the press in America

Secret sessions of public bodies in United States

What liberty of the press consists in

· Page

414

414, note

417

418

418

419

420-422

Common-law rules of liability for injurious publications

Cases of privileged communications

Further cases of privilege; criticism of officers or candidates for

office

431-441

by witnesses

Petitions and other publications in matters of public concern

Statements in course of judicial proceedings.

by complainant, &c.

Publication of legislative proceedings.

Privileges of legislators

Publication of privileged communications through the press

Accounts of judicial proceedings, how far protected

Privilege of publishers of news.

The jury as judges of the law in libel cases

Mr. Fox's Libel Act

"Good motives and justifiable ends," burden of showing is on

445

448

448, 449

451

457

460

462

What it precludes

Does not preclude recognition of superintending Providence by

public authorities

Page

469

470

471

Nor appointment of chaplains, fast days, &c., nor recognition of

fact that the prevailing religion is Christian

The maxim that Christianity is part of the law of the laud. 472-477

Unlimited nature of the power

Exemption of national agencies from State taxation

Exemption of State agencies from national taxation

Limitations on State taxation by national Constitution

Power of States to tax subjects of commerce

Discriminations in taxation between citizens of different States

✓ Elements essential to valid taxation; purposes must be public.

✓ Legislature to judge of purposes

Unlawful exactions .

479-485

480-484

Taxation with reference to benefits in local improvements

Local assessments distinguished from general taxation

Apportionment of the burden in local assessments.

Taxations must be uniform throughout the taxing districts

Road taxes in labor..

Inequalities in taxation inevitable

Legislature must select subjects of taxation

Exemptions admissible.

Constitutional provisions forbidding exemptions

Legislative authority requisite for every tax.

Excessive taxation

The maxim de minimis lex non curat in tax proceedings.

What errors and defects render tax sales void

CHAPTER XV.

THE EMINENT DOMAIN.

Ordinary domain of State distinguished from eminent domain

Definition of eminent domain.

Not to be bargained away; general rights vested in the States.
How far possessed by the general government
What property subject to the right.

Legislative authority requisite to its exercise

Strict compliance with conditions precedent necessary.

523, 524

524

525

525, 526

526

527

528

530

531-536

534

536-538

Statutes for exercise of, not to be extended by intendment; pur-

Payment of license fee to United States gives no right in oppo-

557-559

559

560-564

563

565-571

566-571

570

571

572

572-577

574-581

581-584

584

585

vent spread of fire. .

What are navigable.

Congressional regulations of

Monopolies of, not to be granted by States
Power in the States to improve and bridge
And to establish ferries and permit dams
Regulation of speed of vessels; destruction of buildings to pre-

Establishment of fire limits and wharf lines; abatement of nui-

591, 592

592

593

594

People possessed of the sovereignty, but can only exercise it under

Who to participate in elections; conditions of residence, presence

Preliminary action by authorities, notice, proclamation, &c.

Mode of voting; the ballot

Importance of secrecy; secrecy a personal privilege

Ballot must be complete in itself

Parol explanations by voter inadmissible.

Names on ballot should be full

Abbreviations, initials, &c. .

Erroneous additions do not affect

Evidence of surrounding circumstances to explain ballot

Boxes for different votes; errors in depositing

Plurality to elect..

Freedom of elections, bribery, treating electors, calling out militia,

service of process, betting on elections, contracts to influence

them, &c..

598

599

600

601

602

602, 603

604

605

606

607

608

608, 609

610

611, 612

613

614

614, 615

Electors not to be deprived of votes; liability of officers for re-

Page

616

617

617-621

620

622

623

624

626

627

Contesting elections; final decision upon, rests with the courts.

Canvasser's certificate conclusive in collateral proceedings; courts

may go behind.

What proofs admissible.

Whether qualification of voter may be inquired into by courts.