A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

LIBERTY OF SPEECH AND OF THE PRESS, – continued.

rule in England, 457, 438.
the case of Stockdale v. Hansard, 458, n.

publication of speeches by members, 457, 459, 460.
the jury as judges of the law in libel cases, 460.

Woodfall's and Miller's cases, 460, 461.
Mr. Fox's Libel Act, 462.
the early rulings on the subject in America, 462, 463.

provisions on the subject in State constitutions, 463.
the truth as a defence when good motives and justifiable ends in the pub-
lication can be shown, 464.

burden of proof on the defendant to show them, 464.

that publication was copied from another source is not sufficient, 466.
motives or character of defendant no protection, if publication is false,

466.
LICENSE,

of occupations in general, 596.
for ferry across navigable waters, 593.

revoking, where a fee was received therefor, 283, n.
LICENSE FEES,

when are taxes, 201, 495.
limited generally to necessary expenses, &c., 201.
payment of, to United States, does not give rights as against State laws,

584.
LICENSER,
of intended publications, 417–419.

(See LIBERTY OF SPEECH AND OF THE Press.)
LICENTIOUSNESS,

distinguished from liberty, 339, n.
LIFE,

action for taking, through negligence, &c., 581.

not to be taken but by due process of law, 11, 15, 291, n.
LIMITATION,

of time to apply for compensation for property taken by public, 561.
LIMITATION LAWS,

may cut off vested rights, 364–367.
opportunity to assert rights must first be given, 365, 366.
cannot operate upon party in possession, 366.
legislature to determine what is reasonable time, 366.
suspension of, 365, n., 391, n.
legislature cannot revive demands barred by, 365.
legislature may prescribe form for new promise, 293.

do not apply to State or nation, 367, n.
LIMITATIONS TO LEGISLATIVE POWER,
are only such as the people have imposed by their constitutions, 87.

(See LEGISLATURES OF THE STATES.)
LITERARY PRODUCTIONS,

LOBBY SERVICES,

contract for, unlawful, 136, and n., 212, n.
LOCAL SELF-GOVERNMENT,

State constitutions framed in reference to, 35.
the peculiar feature of the American system, 189.

(See MunicipAL CORPORATIONS.)
LOCAL TAXATION,

(See TAXATION.)
LOCALITY OF PROPERTY,

may give jurisdiction to courts, 404, 406.

taxation dependent upon, 499-504, 516.
LOG-ROLLING LEGISLATION,

constitutional provisions to prevent, 142–144.
LORD'S DAY,

laws for observance of, how justified, 476, 477.
LOUISIANA,

divorces not to be granted by special laws, 110, n.
revenue bills in, 131, n.
title of acts to express their object, 142, n.
liberty of the press in, 417, n.
persons conscientiously opposed to bearing arms excused, 468, n.
republication of amended statutes, 152.

exclusions from suffrage, 599, n.
LUNATICS,

excluded from suffrage, 599.
special statutes for sale of lands of, 97–106.

M.
MAGNA CHARTA,

grant of, did not create constitutional government, 3, n.
a declaratory statute, 22, 23, 257.
its maxims the interpreters of constitutional grants of power, 175.

provision in, for trial by peers, &c., 351.
MAILS,

inviolability of, 307, n.
MAINE,

judges of, to give opinions to legislature, 40.
revenue bills to originate in lower house, 132, n.
protection of property by law of the land, 352, n.
liberty of the press in, 414, n.
religious tests forbidden in, 469.
periodical valuations for taxation, 496.

exclusions from suffrage, 599, n.
MAJORITY,

what constitutes two thirds, 141.

wbat sufficient in elections, 598, n., 614.
MALICE,

presumption of, from falsity of injurious publications, 422, 455.
in refusing to receive legal votes, 616.

MANDAMUS,

to compel registration of voters, 602.

to compel canvassers to perform duty, 623.
MANDATORY STATUTES,

doctrine of, 74-78.
constitutional provisions always mandatory, 78–83, 140, 150.

but courts cannot always enforce, 129.
MANUFACTURING PURPOSES,

whether dams for, can be established under right of eminent domain,

531-536.
MARKETS,

State power to regulate, 596.
MARRIAGE,

validating invalid, by retrospective legislation, 372.
legislative control of rights springing from, 360, 361.
power of the legislature to annul, 109-114.
statutory regulation of, 319, n.

(See DIVORCE; MARRIED WOMEN.)
MARRIED WOMEN,

exclusion of, from suffrage, 29, 599.
statutes enlarging rights of, 61, n.
testimony of, in favor of husband, 317, 318, n.
invalid deeds of, may be validated by legislature, 377, 378.
control of, by husband, 339, 340.

(See Divorce; Dower.)
MARSHES,

draining of, and assessments therefor, 510, 511, 533.
MARTIAL LAW,

when may be declared, 309, n., 319, n.
legality of action under, 362, n.

danger from, 615.
MARYLAND,

special statutes licensing sale of lands forbidden, 98, n.
legislature of, not to grant divorces, 110, n.
title of acts to express the object, 141, n.
protection of property by law of the land, 352, n.
liberty of the press in, 415, n.
religious liberty in, 468, n., 478, n.
republication of amended statutes, 151, n.

exclusions from suffrage, 599, n.
MASSACHUSETTS,

judges of, to give opinions to legislature, 40.
divorces in, to be granted by courts, 110, n.
revenue bills to originate in lower house, 131, n.
protection of property by law of the land, 352, n.
liberty of the press in, 414, n.
periodical valuations for taxation, 496.

exclusions from suffrage, 599, n.
MASTER,

of apprentice, servant, and scholar, power of, 340, 341.

MAXIMS,

of government, laws in violation of, 169, 170.
of the common law, what they consist in, 22.

gradual growth and expansion of, 54, 55.
for construction of statutes,

a statute is to be construed as prospective, and not retrospective, in

its operation, 62.
such an interpretation shall be put upon a law as to uphold it, and

give effect to the intention of the law-makers, 58.
words in a statute are presumed to be employed in their natural and

ordinary sense, 58, 83, n.
contemporary construction is best and strongest in the law, 67-71.
a statute is to be construed in the light of the mischief it was designed

to remedy, 65.
he who considers the letter merely, goes but skin deep into the

meaning, 84.
statutes in derogation of the common law are to be construed strictly,

61, n.

an argument drawn from inconvenience is forcible in the law, 67–71.
general principles,

no man can be judge in his own cause, 410-413.
consent excuses error, 181, 182, 409.
the law does not concern itself about trifl 520.
that to which a party assents is not in law an injury, 181, 182.
no man shall be twice vexed for one and the same cause, 47-51.
every man's house is his castle, 22, 299.
that which was originally void cannot by mere lapse of time become

valid, 366, n.
necessity knows no law, 594.

so enjoy your own as not to injure that of another, 573.
MEANING OF WORDS,

(See DEFINITIONS.)
ME URES AND WEIGHTS,

regulation of, 596.
MEMBERS OF THE LEGISLATURE,

contested seats of, decided by the house, 133.
punishment of, for contempts, &c., 133.
power of the houses to expel, 133, 134.
exemption of, from arrest, 134.
publication of speeches by, 457-460.

privilege of, in debate, &c., 415-418.
MICHIGAN,

right of, to admission to the Union under ordin nce of 1787, 28.
repeal of acts of Parliament in, 25, n.
right of married women to property in, 61, n.
special statutes licensing sale of lands forbidden, 98, n.
legislature of, not to grant divorces, 110, n.
privilege of legislators from arrest, 131, n.
special legislative sessions in, 155, n.
title of acts to express the object, 142, n.

MICHIGAN, – continued.

when statutes of, to take effect, 156.
protection of property by law of the land, 352, n.
liberty of the press in, 416.
religious belief of witness not to be inquired into, 478.

periodical valuation of property for taxation, 496.
MILITARY BOUNTIES,

by municipal corporations, when legal, 219-229.
MILITARY COMMISSIONS,
when not admissible, 319, n.

(See Martial Law.)
MILITIA,

control of, 11, 18, +1, n.

not to be called out on election days, 615.
MILL-DAMS,

construction of, across navigable waters, 594.

abatement of, as nuisances, 595.
MILL-DAM ACTS,

do not confer vested rights, 384.

constitutionality of, 534-536.
MINNESOTA,

divorces not to be granted by legislature, 110, n.
title of acts to express the object, 141, n.
revenue bills to originate in lower house, 132, n.
protection to property by law of the land, 352, n.
liberty of the press in, 416, n.
religious liberty in, 468, n., 478, n.

disqualifications for suffrage, 599, n.
MINORS,

(See INFANTS.)
MISCHIEF TO BE REMEDIED,

may throw light on constitutional clause, 65.
MISSISSIPPI,

constitutional provision respecting divorces, 110, n.
privileges of members, 134, n.
when statutes to take effect, 156.
revenue bills to originate in lower house, 132, n.
protection to property by law of the land, 352, n.
liberty of the press in, 417, n.
religious test for office, 468, 469.

disqualifications for suffrage, 599, n.
MISSOURI,

legislative licenses for sale of lands forbidden, 98, n.
judges of, to give opinions to legislature, 40.
restrictions upon legislative power in constitution of, 128, n.
legislature of, not to grant divorces, 111, n.
privileges of members, 134, n.
special legislative sessions in, 155, n.
title of acts to express the object, 142, n.
disqualifications for suffrage, 599, n.

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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...