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 OBSCENITY, in legal proceedings, not to be published, 449.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. 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. 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 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. 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. 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. 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 papers of, 457-160. 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, 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. PENNSYLVANIA, legislature of, not to grant divorces, 111, n. title of acts to express the object, 142, 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. the habeas corpus act, 23, 344. did not extend to American Colonies, 345. writ of habeas 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, 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.) PICTURES, libels by, injury presumed from, 423. 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. nor rights granted by charters taken away, 578, 579. grade of railways and crossings may be prescribed, 580. requirement that bell shall be rung or whistle sounded at crossings, &c., 580. sale of intoxicating drinks may be regulated by States, 581. regulation of, does not interfere with power of Congress over com- sale of intoxicating drinks as a beverage may be prohibited by States, payment of United States license fee does not give rights as against State quarantine and health regulations by States, 584. harbor regulations by the States, 585. line of distinction between police regulations and interference with com- 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 highways, 588. owners of urban property may be required to build sidewalks, 588. 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. |