NUISANCE, when bridges over navigable waters are, 593. when dams are, and may be abated, 594, 595. created by public, not to be abated at expense of individual, 596, n. OATH, of attorneys, 330, 331, n. test, may be punishment, 263, n. 0. of voter, when conclusive of his right, 617. blasphemy and profanity punishable by law, 471-476. OBJECT OF STATUTE, in some States required to be stated in title, 141–151. States not to pass laws violating, 15, 33, 126, 273. agreements by States are, 274, 275. executed contracts, 275. appointments to office are not, 276. / municipal charters are not, 192, 193, 276. franchises granted to municipal corporations are not, 277. and grants of property for municipal use, 236. private charters of incorporation are, 279. whether an exemption from taxation is, 127, 280-284. it is if granted for a consideration, 281. whether right of eminent domain can be relinquished, 281. such laws not to divest rights in property, 284, 285. remedies for enforcement of contracts may be changed, 287-289. exemptions from execution may be increased, 287. but all remedy cannot be taken away, 289, 290. repeal of statute giving remedy cannot destroy contracts, 290. laws staying execution, how far invalid, 292, 293. when power of municipal taxation may not be taken away, 292. OBLIGATION OF CONTRACTS, - continued. when a contract requires new action to its enforcement, changes may be new promise to revive a debt may be required to be in writing, 293. State insolvent laws, how far valid, 293, 294. effect of police laws, 574–584. OBSCENITY, in legal proceedings, not to be published, 449. sale of obscene books and papers may be prohibited, 596. aids in interpretation of, 65–73. (See CONSTRUCTION OF STATE CONSTITUTIONS.) when bridges and dams to be considered such, 592–594. when channels cut by private parties are private property, 590. appointments to, do not constitute contracts, 276. whether they pertain to the executive, 115, n. right to, not to be contested on habeas corpus, 348, n. OFFICER, OHIO, protection of dwelling-house against, 22, 299. general warrants to, are illegal, 300-302. may break open house to serve criminal warrant, 303. service of search-warrant by, (See SEARCHES AND SEIZURES.) privilege of criticism of, 431-441, 455, 456.. constitutional qualifications cannot be added to, by the legislature, 64. of the legislature, election of, 133. de jure, who are, 618, n. municipal, may be indemnified by corporation, 209, 490. but not for refusal to perform duty, 212. election of, (See ELECTIONS.) legislature not to grant divorces, or exercise judicial power, 111, n. general laws to be uniform, 63. appointing power, how exercised, 115. retrospective laws, what not to be passed, 370, n. republication of amendatory statutes, 151, n. liberty of the press in, 415, n. religious tests forbidden, 469, n., 478, n. impeachment of judges of, 160, n. OMNIPOTENCE OF PARLIAMENT, meaning of the term, 3, 4, 86. OPINION, proscription for, is unconstitutional, 390. on religious subjects to be free, 467-470. religious tests forbidden in some States, 469, n. of witnesses on religious subjects not to constitute disqualification in some States, 478. judicial, force of, as precedents, 50–54. ORDINANCE OF 1787, how far still in force, 25, 26, n. admission of States to the Union under, 28, n. ORDINANCES, MUNICIPAL, OREGON, (See BY-LAWS.) special statutes licensing sale of lands forbidden, 98. revenue bills to originate in lower house, 132, n. privileges of members, 134, n. title of acts to express the subject, 141, n. legislative regulation of pardons, 116. republication of amendatory statutes, 151, n. liberty of the press in, 416, n. religious tests forbidden in, 468, n. want of religious belief not to render witness incompetent, 478, n. OVERRULING DECISIONS, when should take place, 52. P. PAPERS, private, exempt from seizure, 300, n., 306, n., 307, n. PARDON, power of, to be exercised by governor, 115, n. power to, does not include reprieves, 116, n. PARENT, right of, to custody of child, 340. respective rights of father and mother, 348. PARLIAMENT, power of, to change the constitution, 3, 4, 86, 175. acts of, adopted in America, 23, 24. repeal of acts of, 25, n. comparison of powers with those of State legislatures, 85, 88, 175, 176. may exercise judicial authority, 87. bills of attainder by, 259. publication of proceedings of, not formerly allowed, 418. publication of speeches by members, 457-460. publication of reports and papers of, 457-460. PARLIAMENTARY LAW, influence of, in construction of constitutions, 130, 131. power to preserve order, &c., under, 133, 134. PARTIAL LEGISLATION, legislature to govern by equal laws, 392. special laws for particular individuals not permissible, 392. equality of rights, &c., the aim of the law, 393. strict construction of special privileges and grants, 393–396. and of discriminations against individuals and classes, 393, 394. control of, by general intent, 58, n. PARTIES, defendants in criminal suits, evidence of, 317. not compellable to testify against themselves, 313, 394. PARTITION, legislature may authorize sale of lands for purposes of, 102. right of, in public highway, is property, 545, n. PASSENGERS, power of States to require report of, from carriers, and to levy tax upon, making carriers responsible for safety of, 580, 581. PAUPERS, exclusion of, from suffrage, 599. PAVING STREETS, assessments for, not within constitutional provisions respecting taxation, special taxing districts for, 505-507. assessments may be made in proportion to benefits, 505, 506. or in proportion to street front, 507. but each separate lot cannot be made a separate district, 508. PEACE AND WAR, power over, of the revolutionary Congress, 6. of Congress under the Constitution, 20. PENALTIES, for the same act under State and municipal laws, 199. given by statute may be taken away, 362, 375, and n., 383. PENNSYLVANIA, legislature of, not to grant divorces, 111, n. revenue bills to originate in lower house, 132, n. PENNSYLVANIA, — continued. protection by law of the land, 352, n. liberty of speech and the press in, 415, n. religious tests in, 468, n. PEOPLE, reservation of powers to, by national Constitution, 19. sovereignty vested in, 28, 598. formation and change of constitutions by, 30. who are the, 28-30, 599. exercise of sovereign powers by, 598. PERSONAL LIBERTY, gradually acquired by servile classes in Great Britain, 295–299. of bills of attainder, 15, 33, 259. (See BILLS OF ATTAINDER.) of ex post facto laws, 15, 33, 264. (See Ex Post Facto Laws.) of unreasonable searches and seizures, 299-308. of quartering soldiers in private houses, 308, 309. bail for accused parties, 309-311. unreasonable, not to be demanded, 310. trials for crimes, 311-338.- (See CRIMES.) meaning of the term, 339, 393. legal restraints upon, 339–341. right to, in England, did not depend on any statute, 342. evasions of the writ of habeas corpus, 343. did not extend to American Colonies, 345. writ of habeas corpus, 345-348. when national courts may issue, 345, 346. return to, when prisoner held under national authority, 347. application for, need not be made in person, 347, n. what the officer to inquire into, 347, 348. to enforce relative rights, 348. PETITION, right of, 349, 433, 434. PETITION OF RIGHT, was a declaratory statute, 23, 257. quartering soldiers upon subjects forbidden by, 308. PETIT JURY, trial by, (See JURY TRIAL.) |