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LEGISLATURES OF THE STATES,- Continued.

but not by committees, 135.

members of, may be expelled, 133.

their privilege from arrest, &c. 134.

committees of, for collection of information, &c. 135.
power of, to terminate with session, 135.

journals of, to be evidence, 135, 136.

action of, to be presumed legal and correct, 135, 136.
motives of members not to be questioned, 135, 186, 187, 208.
"lobby" services illegal, 136 and note.

bills, introduction and passage of, 137 – 141.

three several readings of, 80, 81, 139, 140.
yeas and nays to be entered on journal, 140.
vote on passage of, what sufficient, 141.

title of, formerly no part of it, 141.

constitutional provisions respecting, 81, 82, 141 n.
purpose of these, 142.

they are mandatory, 150, 151.

particularity required in stating object, 144, 145.
what is embraced by title, 148–150.

effect if more than one object embraced, 147, 148.
effect if act is broader than title, 148 - 150.
amended statutes, publication of, at length, 151, 152.
repeal of statutes at session when passed, 152.
signing of bills by officers of the houses, 152.

approval and veto of bills by governor, 153, 154.

governor's messages to, 155.

special sessions of, 155.

when acts to take effect, 155 - 158.

power of the courts to declare statutes unconstitutional, 159–188.
full control of, over municipal corporations, 192, 193, 226, 233.
legalization by, of irregular municipal action, 224.

of invalid contracts, 293, 371–381.

of irregular sales, taxation, &c. 370-383.

not to pass bills of attainder, 15, 33, 259.

nor ex post facto laws, 15, 33, 264.

nor laws violating obligation of contracts, 15, 33, 127, 273.
(See OBLIGATION OF CONTRACTS.)

insolvent laws, what may be passed, 293, 294.

right to petition, 349.

vested rights protected against, 351 – 397.

(See LAW OF THE LAND.)

control by, of remedies in criminal cases, 267 - 273.

LEGISLATURES OF THE STATES, -Continued.
in civil cases, 287–294, 361–367.

control of rules of evidence, 288, 367 – 369.

may change estates in land, 359–361.

and rights to property under the marriage relation, 360, 361.
limitation laws may be passed by, 364 – 367.

retrospective legislation by, 369 – 383.

(See RETROSPECTIVE LEGISLATION.)
privileges granted by, may be recalled, 383.
consequential injuries from action of, 384.
sumptuary laws, 385.

betterment laws, 386 - 389.

unequal and partial legislation, 389-397.

general laws not always essential, 389, 390.
special rules for particular occupations, 390.
proscriptions for opinion's sake, 390, 391.
suspensions of laws in special cases, 391, 392.
special remedial legislation, 389, 391.
special franchises, 393-397.

restrictions upon suffrage, 394.

power of, to determine for what purposes taxes may be levied, 488-
492, 517.

cannot authorize property to be taxed out of its district, 499–504.
must select the subjects of taxation, 514.

may determine necessity of appropriating private property to pub-
lic use, 528, 538, 539.

authority of, requisite to the appropriation, 528.

cannot appropriate property to private use, 530, 531.

LETTERS,

legal inviolability of, 307 n.

LEVEES,

establishment of, under police power, 589.

special assessments for, 510.

LIBEL,

LIBERTY,

(See LIBERTY OF SPEECH AND OF THE PPESS.)

[blocks in formation]

(See LIBERTY OF SPEECH AND OF THE PRESS.)
religious,

(See RELIGIOUS LIBERTY.)

of discussion, 349.

[blocks in formation]

LIBERTY OF SPEECH AND OF THE PRESS,

Hamilton's reasons why protection of, by bill of rights, was not im-
portant, 256.

opposing reasons by Jefferson, 258 n.

Congress to pass no law abridging, 414.

State constitutional provisions respecting, 414 n.

these create no new rights, but protect those already existing, 415,
416.

liberty of the press neither well defined nor protected at the common
law, 417.

censorship of publications, 417-419.

debates in Parliament not suffered to be published, 418.

censorship in the Colonies, 418, 419.

secret sessions of Constitutional Convention, 419.

and of United States Senate, 420.

what liberty of speech and of the press consists in, 420, 421, 422.
general purpose of the constitutional provisions, 421, 422.

rules of common-law liability for injurious publications, 422–425.
modification of, by statute, 430.

privileged cases, 425, 426.

libels upon

the government indictable at the common law, 426.
prosecutions for, have ceased in England, 427.

sedition law for punishment of, 427.

whether now punishable in America, 428 - 430.

criticism upon officers and candidates for office, 431 - 441.

statements in the course of judicial proceedings, 441–445.

privilege of counsel, 442-445.

privilege of legislators, 445 447.

publication of privileged communications through the press, 448-460.
publication of speeches of counsel, &c. not privileged, 448.

fair and impartial account of judicial trial is, 448.

but not of ex parte proceedings, 448, 449.

whole case must be published, 448, 449.

must be confined to what took place in court, 449.

must not include indecent or blasphemous matter, 449.

privilege of publishers of news, 451 - 457.

publishers generally held to same responsibility as other per-
sons, 455.

not excused by giving source of information, 455.

LIBERTY OF SPEECH AND OF THE PRESS, -Continued.
nor because the publication was without their personal knowl-
edge, 455.

nor by its being a criticism on a candidate for office, 455.

nor by its constituting a fair account of a public meeting, 455,
456.

criticisms by, on works of art and literary productions, 456, 457.
exemplary damages against publishers, 457.

publication of legislative proceedings, how far privileged, 457.
rule in England, 457, 458.

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 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
publication can be shown, 464.

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

that publication was copied from another source is not suffi-
cient, 466.

motives or character of defendant no protection, if publication is
false, 466.

LICENSE,

for ferry across navigable waters, 593.

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

LICENSE FEE,

distinguished from a tax, 201.

limited generally to necessary expenses, &c. 201.

payment of, to United States, does not give rights as against State
laws, 584.

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, 391 n.

legislature cannot revive demands barred by, 365.

legislature may prescribe form for new promise, 293.

LIMITATIONS TO LEGISLATIVE POWER,

are only such as the people have imposed by their constitutions, 87.
(See LEGISLATURES OF THE STATES.)

LITERARY PRODUCTIONS,

copyright to, Congress may provide for, 10.

privilege of criticism of, 457.

LOBBY SERVICES,

contract for, unlawful, 136 and note.

LOCAL SELF-GOVERNMENT,

State constitutions framed in reference to, 35.
the peculiar feature of the American system, 189.
(See MUNICIPAL CORPORATIONS.)

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.

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.

LUNATICS,

excluded from suffrage, 599.

special statutes for sale of lands of, 97–106.

MAGNA CHARTA,

M.

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.

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