DAM,-Continued.

erection of, over navigable waters by State authority, 593, 594.
destruction of, when it becomes a nuisance, 595.

DAMAGES,

in libel cases, increased by attempt at justification, 438.
when exemplary, not to be awarded, 457.

for property taken by the public, must be paid, 559.
(See EMINENT DOMAIN.)

DAMNUM ABSQUE INJURIA,

what consequential injuries are, 384, 543.

DEATH,

common carriers may be made liable for causing, 581.

DEBATES,

in Parliament, formerly, not suffered to be published, 418.

in American legislative bodies, publication of, 419, 420, 457, 460.
privileges of members in, 445-447.

(See FREEDOM OF SPEECH AND OF THE PRESS.)

DEBT, IMPRISONMENT FOR,

may be abolished as to pre-existing debts, 287.

DEBTOR AND CREDITOR,

control of creditor over debtor, 341.

DEBTS BY THE STATE,

prohibition of, will not preclude indebtedness by municipal corpora-
tions, 217, 218.

DECENTRALIZATION,

the peculiar feature in American government, 189.

DECISIONS,

judicial, binding force of, 47-54.

(See JUDICIAL PROCEEDINGS.)

DECLARATION OF RIGHT,

was a declaratory statute, 257.

(See BILL OF RIGHTS.)

DECLARATORY STATUTES,

in English constitutional law, 22–24.

are not encroachments upon judicial power, 93-95.
judgments not to be reversed by means of, 94, 95.
purpose and proper force of, 93-95.

DEEDS,

invalid, may be confirmed by legislature, 377, 378.
but not to prejudice of bona fide purchasers, 378, 379.

DEFENCES,

not based upon equity, may be taken away by legislature, 370 - 383.
DEFINITIONS,

of a State, 1.

DEFINITIONS,

-

of a nation, 1.

Continued.

of a people, sovereignty and sovereign state, 1.
of a constitution, 2.

of an unconstitutional law, 3, 4.

of construction and interpretation, 38 n.

legislative power, 90-92, 94.

of judicial power, 91, 92, 94.
of declaratory statutes, 93.
of due process of law, 353.

of law of the land, 353.

of personal liberty, 339.

of natural liberty, 393 n.

of liberty of the press, 420, 422.

of liberty of speech, 422.

of religious liberty, 467, 468.

of taxation, 479.

of the eminent domain, 524.

of police power, 572.

of domicile, 600 n.

DELAWARE,

revenue bills must originate in lower house, 131 n.

protection of property and person by law of the land, 352 n.
liberty of speech and of the press in, 415 n.

disqualification of religious teachers for office, 468 n.

religious tests forbidden, 469 n.

DELEGATION OF POWER,

by the legislature, not admissible, 116–125.

except as to powers of local government, 191.
by municipal corporations invalid, 204.
DEPARTMENTS OF THE GOVERNMENT,
division of powers between, 33-37, 39, 87-94.
DESECRATION OF THE SABBATH,

constitutional right to punish, 476, 588.

DIRECTORY STATUTES,

what are, and what are mandatory, 74, 78.

doctrine of, not admissible as to constitutional provisions, 78-83.
DISCRETIONARY POWERS,

what are, 39 - 43.

department to which they are confided decides finally upon, 39-43,

115 n.

DISCRIMINATIONS,

cannot be made in taxation between citizens of different States, 487.
in legislation between different classes, 389-397.

DISCUSSION,

right of, 349.

(See LIBERTY OF SPEECH AND OF THE PPESS.)
DISFRANCHISEMENT,

of voters, may render statute void, 616.

what classes excluded from suffrage, 28-30, 73, 599.
DISTRICTS,

for schools, powers of, 240, 247, 248.

exercise by, of power of eminent domain, 537.
for taxation, necessity for, 495, 497.

not to tax property outside, 499.

taxation to be uniform within, 502.

DIVISION OF POWERS,

between sovereign States, 2.

between the States and the Union, 2.

among departments of State government, 33-37, 39, 87.

DIVISION OF TOWNSHIPS, &c.,

question of, may be submitted to people, 119.

DIVORCE,

DOGS,

question of, is properly judicial, 109.

power of the legislature over, 109, 110.

general doctrine of the courts on the subject, 111.

conflicting decisions, 112, 113.

legislative divorce cannot go beyond dissolution of the status, 114.
constitutional provisions requiring judicial action, 110 n.

laws for, do not violate contracts, 284.

what gives jurisdiction in cases of, 400, 401.

actual residence of one party in the State sufficient, 400, 401.
conflict of descisions on this subject, 401, 402.

not sufficient if residence merely colorable, 401.

necessity for service of process, 402.

cannot be served out of State, 403.

substituted service by publication, 403, 404.

restricted effect of such notice, 405, 406.

order as to custody of children, 405.

alimony not to be awarded if defendant not served, 406.

unmuzzled, may be prohibited from running at large, 595.

DOMAIN,

ordinary, of the State, distinguished from eminent domain, 523.
DOMICILE,

gives jurisdiction in divorce cases, 400.

but must be bona fide, 401.

DOMICILE,-Continued.

of voters, meaning of, 599, 600.

DOUBLE PUNISHMENT,

for same act under State and municipal law, 199.
for counterfeiting money, 18.

DOUBLE TAXATION,

is sometimes unavoidable, 513.

DOUBTFUL QUESTIONS,

of constitutional law, duty in case of, 73, 74, 182 – 186.

DOWER,

legislative control of estates in, 360, 361.

DRAINS,

appropriating property for purposes of, 533.
special assessments for, 510, 511.

DRUNKENNESS,

does not excuse crime, 476 n.

is a temporary insanity, 599 n.

DUE PROCESS OF LAW,
meaning of the term, 353.

(See LAW OF the Land.)

DUTIES AND IMPOSTS,

to be uniform throughout the United States, 10.
what the States may lay, 15.
DWELLING-HOUSE,

is the owner's castle, 22, 299.

homicide in defence of, 308.

quartering soldiers in, prohibited, 308.

DYING DECLARATIONS,

admissible in evidence on trials for homicide, 318.

inconclusive character of the evidence, 318.

EASEMENTS,

acquirement by the public under right of eminent domain, 524.
private, cannot be acquired under this right, 530, 531.

ELECTIONS,

(See EMINENT DOMAIN.)

people exercise the sovereignty by means of, 598.

who to participate in, 599.

constitutional qualifications cannot be added by legislature, 64 n.

exclusion of married women, aliens, minors, idiots, &c. 599.

conditions necessary to participation, 599, 601, 602.

presence of voter at place of domicile, 599.

what constitutes residence, 599, 600.

registration may be made a condition, 601.

ELECTIONS, -Continued.

preliminary action by the authorities, notice, &c. 602.
mode of exercising the right, 604.

the electors privilege of secrecy, 604–606.

a printed ballot is "written," 604.

ballot must be complete in itself, 606.
technical accuracy not essential, 607.
explanations by voter inadmissible, 607.
must not contain too many names, 607.
name should be given in full, 608.
sufficient if idem sonans, 608.

what abbreviations sufficient, 608, 609.
erroneous additions not to affect, 610.
extrinsic evidence to explain imperfections, 611.
ballot must contain name of office, 612.

but need not be strictly accurate, 612.
different boxes for different ballots, 613.
elector need not vote for every office, 613.
plurality of votes cast to elect, 614, 620.
effect if highest candidate is ineligible, 620.
freedom of elections, 614.

bribery or treating of voters, 614.

militia not to be called out on election day, 614.
courts not to be open on election day, 614.

bets upon election are illegal, 615.

contracts to influence election are void, 615.

elector not to be deprived of his vote, 616.

statutes which would disfranchise voters, 616.
failure to hold election in one precinct, 616.

liability of inspectors for refusing to receive vote, 616.
elector's oath when conclusive on inspector, 617.

conduct of the election, 617.

effect of irregularities upon, 617, 618.

what constitutes a sufficient election, 619.

not necessary that a majority participate, 620.

admission of illegal votes not to defeat, 620.

unless done fraudulently, 621.

effect of casual affray, 621.

canvass and return, 622.

canvassers are ministerial officers, 622.

canvassers not to question returns made to them, 622.

whether they can be compelled by mandamus to perform duty,
623.