Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

ARMS, - continued.

exemption from bearing of persons conscientiously opposed, 478.
ARMY,

quartering in private houses, 308.

jealousy of standing army, 350.
ARREST,

privilege of legislators from, 134.
on criminal process. (See CRIMES.)

of judgment, new trial after, 328 and n.
ART, WORKS OF,

criticism of, how far privileged, 457.
ARTICLES OF CONFEDERATION,

adoption of, 7.

why superseded, 7, 8.
ASSESSMENTS,

for local improvements, generally made in reference to benefits, 497.
special taxing districts for, 497.
not necessarily made on property according to value, 497.
are made under the power of taxation, 498.
not covered by the general constitutional provisions respecting taxation,

498.
not unconstitutional to make benefits the basis for, 499, 505, 511.
apportionment necessary in cases of, 499.
may be made in reference to frontage, 507.
but each lot cannot be compelled to make the improvement in front of it,

508.
for drains, levees, &c., 510.

in labor for repair of roads, 512.
ATTAINDER,

meaning of the term, 259.
bills of, not to be passed by State legislatures, 15, 33, 259.

cases of such bills, 259-264.

bills of pains and penalties included in, 261.
ATTORNEYS,

exclusion of, from practice is a punishment, 263, 264.
right to notice of proceedings therefor, 337, n., 404, n.
laws requiring service from, without compensation, 393, 394.
punishment of, for misconduct, 337.

(See COUNSEL.)
AUTHORS,

not to be assailed through their works, 457.
criticism of works of, how far privileged, 457.

B.

BAIL,

accused parties entitled to, 309-311.
unreasonable, not to be demanded, 310.
on habeas corpus, 348.
control of bail over principal, 341.

BAILMENT,

(See COMMON CARRIERS.)
BALLOT,

correction of abuses by, 193, n.
system of voting by, generally prevails, 604.
right of the elector to secrecy, 605.
must be complete in itself, 606.
abbreviated names, 608.
how far open to explanation, 611, 626.

(See ELECTIONS.)
BANKRUPTCY.

power of Congress over, 10.
legislation by the States, 18, 293, 294.

revival of debts barred by discharge, 293.
BEARING ARMS,

persons conscientiously opposed to, are excused, 478.

constitutional right of, 350.
BEASTS,

police regulations regarding, 596.

regulations making railway companies liable for killing, 579.
BENEFITS,

may be taken into account in assessments for local improvements, 499,

505, 511.

what may be deducted when private property is taken by the public, 565.
BETTERMENT LAWS,

principle of, 386.
are constitutional, 387.
owner cannot be compelled to improve his lands, 385.

not applicable to lands appropriated by the public, 389, n.
BETTING ON ELECTIONS,

illegality of, 615.
BEVERAGES,

police regulations to prevent the sale of intoxicating, 581.
BILL OF RIGHTS (English),

a declaratory statute, 23, 257.
BILL OF RIGHTS (National),

not originally inserted in Constitution, 256.
reasons for omission, 256.
objections to Constitution on that ground, 257–259.

afterwards added by amendments, 259.
BILL OF RIGHTS (State),

generally found in constitution, 35.
classes of provisions in, 35, 36.

what probibitions not necessary, 175.
BILLS, LEGISLATIVE,

constitutional provisions for three readings, 80, 81, 139, 140.
title of, to express object, 81, 141-151.

(See LEGISLATURE OF THE STATE.)
BILLS OF ATTAINDER,

not to be passed by State legislature, 15, 33, 259.

-

BILLS OF ATTAINDER, — continued.

meaning of attainder, 259.

cases of such bills, 259-264.
BILLS OF CREDIT,

States not to emit, 15.
BILLS OF PAINS AND PENALTIES,

included in bills of attainder, 261.
BLASPHEMY,

punishment of, does not violate religious liberty, 471-476.

nor the liberty of speech, 422.

published in account of judicial proceedings is not privileged, 449.
BOATS,

ferry, licensing of, 593.

speed of, on navigable waters may be regulated by States, 594.
BONA FIDE PURCHASERS,

not to be affected by retrospective legislation, 378, 379, 382, n.
BONDS,

issue of, by municipalities in aid of internal improvements, 119, 213–219.
BOOKS,

criticism of, how far privileged, 457.

indecent, sale of, may be prohibited, 596.
BOUNTIES,

when earned, become vested rights, 383, 384.

payment of, to soldiers by municipal corporations, 219-229.
BOUNTY SUBSCRIPTIONS,

by municipal corporations, how far valid, 219-229.
BRIDGES,
erection of, by State authority over navigable waters, 592.

(See NAVIGABLE WATERS.)
BUILDINGS,

condemnation and forfeiture of, as nuisances, 583, 584.
destruction of, to prevent spread of fires, 526, n.

appropriation of, under right of eminent domain, 526.
BURLESQUES,

libels by means of, 423.
BY-LAWS,

of municipal corporations, 198–203.

must be reasonable, 200–203.
must be certain, 202.
must not conflict with constitution of State or nation, 198.
nor with statutes of State, 198.
imposing license fees, 201.

C.
CALIFORNIA,

legislature of, not to grant divorces, 110, n.
privileges of members, 134, n.
title of acts to express their object, 142, n.
protection of property, &c., by law of the land, 352, n.
liberty of speech and of the press in, 416.

CANALS,

appropriation of private property for, 533.

when are private property, 590.
CANDIDATES FOR OFFICE,

criticism of, how far privileged, 431-441, 455.

ineligibility of, how to affect election, 620.
CANVASSERS,

act ministerially in counting and returning votes, 622.
whether they may be compelled by mandamus to perform duty, 623.
certificate of, conclusive in collateral proceedings, 624.

(See ELECTIONS.)
CARRIERS,

police regulations making them liable for beasts killed, 570.
change of common-law liability of, by police regulations, 580, 581.

may be made responsible for death caused by negligence, &c., 581.
CATTLE,

police regulations making railway companies liable for killing, 579.
CEMETERIES,

further use of, may be prohibited when they become nuisances, 595.
CENSORSHIP OF THE PRESS,

in England and America, 417–419, 420.
CENTRALIZATION,

American system the opposite of, 189.
CHARACTER,

bad, of attorney, sufficient reason to exclude him from practice, 337.
slander of, 422-424.
good, of defendant in libel suit, no defence to false publication, 466.

benefit of, in criminal cases, 325, n.
CHARTERS,

of liberty, 24, n.
colonial, swept away by Revolution, 26.

exceptions of Connecticut and Rhode Island, 26.
municipal, do not constitute contracts, 193.

control of legislature over, 192, 193.
construction of, 195, 211.

(See MUNICIPAL CORPORATIONS.)
of private corporations are contracts, 279.
police regulations affecting, 577-579.
strict construction of, 394-396.

amendment of, 279, 577, n.
CHASTITY,

accusation of want of, not actionable per se, 423, 424.

statutory provisions on the subject, 424.
CHILDREN,

control of parent, &c., over, 339, 340.
obtaining possession of, by habeas corpus, 348.

decree for custody of, in divorce suits, 405.
CHRISTIANITY,
its influence in the overthrow of slavery, 297, 298, and n.

[ocr errors]

CHRISTIANITY,- continued.
in what sense part of the law of the land, 472-475.

(See RELIGIOUS LIBERTY.)
CHURCH ENDOWMENTS,

not to be taken away by legislature, 275, n.
CHURCH ESTABLISHMENTS,

forbidden by State constitutions, 469.
CHURCH ORGANIZATIONS,

powers and control of, 467, n.

discipline of members, 434, n.
CITIES AND VILLAGES,

(See MUNICIPAL CORPORATIONS.)
CITIZENS,

who are, 11.
of the several States, privileges and immunities of, 11, 15, 16, 391-397.
discriminations in taxation of, 397, 487.

jurisdiction of United States courts in respect to, 11, 12, 294.
CIVIL RIGHTS,
discriminations not to be made in, on account of religious beliefs, 467-470.

(See CITIZENS; Class LEGISLATION.)
CLASS LEGISLATION,

private legislation which grants privileges, 389-397.
party petitioning for, estopped from disputing validity, 390.
public laws may be local in application, 390.
special rules for particular occupations, 390, 393.
proscription for opinion's sake unconstitutional, 390.
suspensions of laws must be general, 391, 392.
each individual entitled to be governed by general rules, 391, 392.
discriminations should be based upon reason, 393.
equality of rights, &c., the aim of the law, 393.
strict construction of special burdens and privileges, 393-397.

discriminations not to be made on account of religious beliefs, 467-470.
COINING MONEY,

power over, 10.
COLLUSION,

conviction by, no bar to new prosecution, 327, n.
COLONIES,

union of, before Revolution, 5.
authority of the Crown and Parliament in, 5.
Revolutionary Congress and its powers, 6, 7.
controversy with the mother country, 23, 24.
legislatures of, 25.
substitution of constitutions for charters of, 26.

censorship of the press in, 418.
COLOR,

not to be a disqualification fo suffrage, 11, 599.
COMMERCE,

power of Congress to regulate, 10.
State regulations valid when they do not interfere with those of Congress,
581-587.

(See POLICE POWER.)

[merged small][ocr errors]
« ΠροηγούμενηΣυνέχεια »