Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

OBLIGATION OF CONTRACTS, - continued.

when a contract requires new action to its enforcement, changes may be
made as to such action, 293.

new promise to revive a debt may be required to be in writing, 293.
laws validating invalid contracts do not violate Constitution, 293.

nor laws extending corporate franchises, 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in legal proceedings, not to be published, 449.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.
OBSCURITIES,
aids in interpretation of, 65-73.

(See CONSTRUCTION OF STATE CONSTITUTIONS.)
OBSTRUCTIONS TO NAVIGATION,

when bridges and dams to be considered such, 592–594.

when channels cut by private parties are private property, 590.
OCEAN,

(See Hiru SEAS.)
OFFICE,

appointments to, do not constitute contracts, 276.

whether they pertain to the executive, 115, n.

right to, not to be contested on habeas corpus, 318, n.
OFFICER,

protection of dwelling-house against, 22, 299.
general warrants to, are illegal, 300-302.

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.
duty of, when doubtful of constitutional construction, 73, 74.
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.)

may break

OHIO,

legislature not to grant divorces, or exercise judicial power, 111, n.
title of acts to express the object, 142, 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,

(See By-Laws.)
OREGON,

special statutes licensing sale of lands forbidden, 98.
legislature of, not to grant divorces, 110, n.
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.

who excluded from suffrage, 599, n.
OVERRULING DECISIONS,

when should take place, 52.

P.
PAPERS,

private, exempt from seizure, 300, n., 306, n., 307, n.

protected the same as property, 358, n.
PARDON,

power of, to be exercised by governor, 115, n.
constitutional provisions as to rules for, 116, 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 pape:s of, 457–160.

PARLIAMENTARY LAW,

influence of, in construction of constitutions, 130, 131.
legislative power in regard to, 133.
power to preserve order, &c., under, 133, 134.

privilege by, of members from arrest, 134.
PARTIAL LEGISLATION,

legislature to govern by equal laws, 392.
special laws for particular individuals not permissible, 392.
suspensions of laws not allowed in special cases, 392, 393.
regulations for special localities or classes, 393.
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.

and of statutes in derogation of the common law, 61, n.

citizens of other States not to be discriminated against, 397.
PARTICULAR INTENT,

control of, by general intent, 58, n.
PARTIES,

defendants in criminal suits, evidence of, 317.

not compellable to testify against themselves, 313, 394.
how subjected to jurisdiction of courts, 402, 403.

estopped by judgment, 48, 49.
PARTITION,

legislature may authorize sale of lands for purposes of, 102.
PASTURAGE,

right of, in public highway, is property, 545, n.
PASSENGERS,

power of States to require report of, from carriers, and to levy tax upon,

587.

making carriers responsible for safety of, 580, 581.
PAUPERS,

exclusion of, from suffrage, 599.
PAVING STREETS,

assessments for, not within constitutional provisions respecting taxation,

497.
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.

for violation of police regulations, 596.
PENNSYLVANIA,

legislature of, not to grant divorces, 111, n.
title of acts to express the object, 142, 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.
constitutional prohibition of slavery in America, 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.

(See SEARCHES AND SEIZURES.)
of quartering soldiers in private houses, 308, 309.
protection of, in one's dwelling-house, 22, 299, 308.
criminal accusations, how made, 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.
reason why it was not well protected, 342.
evasions of the writ of habeas corpus, 343.
the habeas corpus act, 23, 344.

did not extend to American Colonies, 345.

general adoption of, 345.
writ of babeas corpus, 345–348.

when national courts may issue, 345, 346.
State courts to issue generally, 346, 347.
return to, when prisoner held under national authority, 347.
not to be employed as a writ of error, 347.
application for, need not be made in person, 347,
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,

n.

trial by,

(See JURY TRIAL.)

PICTURES,

libels by, injury presumed from, 423.

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

sufficient in elections, 620.
POISONS,

regulation of sales of, 595.
POLICE POWER,

pervading nature of, 572, 574.
definition of, 572, n.
the maxim on which it rests, 573.
States no power to relinquish it, 282–284.
power of States to make regulations which affect contracts, 574-581.
how charters of private incorporation may be affected by, 575-581.
charters cannot be amended on pretence of, 577, 578.

nor rights granted by charters taken away, 578, 579.
railroad corporations may be required to fence track, 579.
and made liable for beasts killed on track, 579.
grade of railways and crossings may be prescribed, 580.
requirement that bell sball be rung or whistle sounded at crossings, &c., 580.
whether carriers of persons may not be made insurers, 580.
action may be given for death caused by negligence, 581.
sale of intoxicating drinks may be regulated by States, 581.

regulation of, does not interfere with power of Congress over com-

merce, 582.
sale of intoxicating drinks as a beverage may be prohibited by States,

582, 583.
payment of United States license see does not give rights as against State

law, 584.
quarantine and health regulations by States, 584.
harbor regulations by the States, 585.
line of distinction between police regulations and interference with com-

merce, 586.
police regulations may be established by Congress, 586.
State requirement of license fee from importers illegal, 586.
State regulations to prevent immigrants becoming a public charge, 587.
State regulations of pilots and pilotage, 587.
Sunday laws as regulations of police, 588.
regulation by States of use of bighways, 588.
owners of urban property may be required to build sidewalks, 588.
construction of levees on river fronts, 589.
control of navigable waters by States, 589, 591.

restrictions on this control, 591.
monopolies not to be granted, 591.
States may improve and charge tolls, 592.
may authorize bridges, 592.

when these bridges to be abated, 593.
may establish ferries, 593.
may authorize dams, 593, 594.

when the dams may be abated, 594, 595.

« ΠροηγούμενηΣυνέχεια »