PRECEDENTS, -Continued.

only authoritative within country where decided, 51, 52.
when to be overruled, 52.

of executive department, force of, 67–71.

PRECIOUS METALS,

in the soil belong to sovereign authority, 524.
PRELIMINARY EXAMINATIONS,

of persons accused of crimes, 313.

publication of proceedings on, not privileged, 449.
PRESCRIPTIVE CORPORATIONS,

powers of, 197.

PRESIDENT,

powers and duties of, 11.

calling out the militia by, 41 n.

PRESS, LIBERTY OF,

(See LIBERTY OF SPEECH AND OF THE PRESS.)

PRESUMPTION,

of constitutionality of statutes, 168, 183.

of existence of corporation, 197.

of innocence of accused party, 309, 310.

of correctness of legislative motives, 186, 187, 208.

PRINCIPAL AND BAIL,

custody of principal by bail, 341.

PRINTED BALLOTS,

answer the requirement of written, 605 n.

PRIVATE PROPERTY,

of municipal corporations, how far under legislative control, 235.
owners cannot be compelled to improve, 385, 532.

appropriating under right of eminent domain, 523.

PRIVATE ROADS,

(See EMINENT DOMAIN.)

cannot be laid out under right of eminent domain, 530, 531.
PRIVATE STATUTES,

not evidence against third parties, 96.

to authorize sales by guardians, &c. are constitutional, 97–106.
PRIVIES,

estoppel of, by judgment, 48, 49.

PRIVILEGES,

of citizens of the several States, 15, 16, 487.

of legislators, 134, 135.

special, strict construction of, 389–397.

PRIVILEGED COMMUNICATIONS,
meaning of the term, 425.

INDEX.

PRIVILEGED COMMUNICATIONS, -Continued.
when made in answer to inquiries, 425, 426.

between principal and agent, 426.

where parties sustain confidential relations, 426.

discussing measures or principles of government, 426 – 430.
criticising officers or candidates, 431 – 441.

made in the course of judicial proceedings, 441, 442.

made by counsel, 442 – 445.

by legislator to constituents, 457–460.

by client to counsel, 334.

PROCEEDINGS,

699

of constitutional convention may be looked to on questions of con-
struction, 66, 67.

of legislative bodies, publication of, 418-420, 457-460.
PROFANITY,

in judicial proceedings, publication of, 449.
punishment of, 471 476.

PROFESSIONAL SERVICES,

to influence legislation cannot be contracted for, 136 n.

law requiring without compensation to be strictly construed, 393,

394.

(See COUNSEL.)

PROHIBITORY LIQUOR LAWS,

constitutionality of, 582, 583.

PROPERTY,

qualification for suffrage, 599.

(See EMINENT DOMAIN; PRIVATE PROPERTY.)

PROROGUEMENT,

of the legislature by governor, 132.

PROSCRIPTION,

of persons for their opinions, 390, 467-470.

PROTECTION,

the equivalent for taxation, 559.

PROVISIONS,

regulations to prevent sale of unwholesome, 595.
PUBLICATION,

of statutes, 156–158.

of debates in Parliament, formerly not suffered, 418.
of books, &c. censorship of, 417 - 419.

of debates in American legislative bodies, 419, 420.

of legislative speeches, 457–460.

of notice to non-resident parties, 403, 404.

(See LIBERTY OF SPEECH AND OF THE PRESS.)

PUBLIC GOOD,

laws should have reference to, 117 n., 129.

PUBLIC MORALS,

regulations for protection of, 596.

(See RELIGIOUS LIBERTY.)

PUBLIC OFFICERS,

(See OFFICER.)

PUBLIC OPINION,

not to affect construction of constitution, 54, 55.

expression of, by elections, 598.

PUBLIC PURPOSES,

appropriation of property for, 523.

PUBLIC TRIAL,

(See EMINENT DOMAIN.)

accused parties entitled to, 312.

not essential that everybody be allowed to attend, 312.

PUBLIC USE,

of property, what constitutes, 531.

PUNISHMENTS,

(See EMINENT DOMAIN.)

what changes in the legislature may make applicable to previous
offences, 267 - 272.

of crimes by servitude, 299.

cruel and unusual, prohibited, 328-330.

must not exceed measure the law has prescribed, 330.

(See BILLS OF ATTAINDER; CRIMES; Ex Post Facto LAWS.)

Q.

QUALIFICATIONS,

of officer or voter under constitution cannot be added to by legisla-
ture, 64.

of members of legislature to be determined by the two houses, 133.
of voter, inquiring into, on contested election, 627.

QUARANTINE,

regulations by the States, 584.

QUARTERING SOLDIERS,

in private houses in time of peace forbidden, 308.

QUORUM,

majority of, generally sufficient for passage of laws, 141.
of courts, must act by majorities, 96.

full court generally required on constitutional questions, 161, 162.

R.

RAILROADS,

authorizing towns, &c. to subscribe to, is not delegating legislative
power, 119.

such subscriptions generally sustained, 213–219.

appropriations of lands for, 533.

and of materials for constructing, 526.

and of lands for depot buildings, &c. 541.
corporations may take, 537, 538.

(See EMINENT DOMAIN.)

appropriation of highways for, 545-557.

must be legislative permission, 545.

whether adjoining owner entitled to compensation, 546 - 557.

police regulations in respect o, 573.

requiring corporations to fence track and pay for beasts killed,
579.

regulation of grade and crossings, 580.

provisions regarding alarms, 580.

responsibility for persons injured or killed, 580, 581.

bridges for, over navigable waters, 592.

READING OF BILLS,

constitutional provisions for, 80, 139, 140.

REAL ESTATE,

not to be taxed out of taxing district, 499, 500.
within taxing district to be taxed uniformly, 502.
REASONABLENESS,

of municipal by-laws, 200.

REBELLIONS,

employment of militia to suppress, 11.

RECITALS,

in statutes, not binding upon third parties, 96.

when they may be evidence, 96.

RECORDS,

public, of the States, full faith and credit to be given to, 15, 16.
judicial, not generally to be contradicted, 407.

REDEMPTION,

(See JUDICIAL PROCEEDINGS.)

right of, cannot be shortened or extended by legislature, 291.

REFUSAL TO PLEAD,

in criminal cases, consequence of, 311.

REGISTRATION,

of voters, may be required, 601.

REGULATION,

of commerce by Congress, 10, 581 - 587.
of navigable waters by Congress, 591.
police, by the States,

(See POLICE POWER.)

of the right of suffrage, 601, 602.

RELIGIOUS LIBERTY,

care taken by State constitutions to protect, 467 – 470.
distinguished from religious toleration, 467 and note.

does not preclude recognition of superintending Providence by pub-
lic authorities, 470, 471.

nor appointment of chaplains, thanksgiving and fast days, 471.
nor recognition that the prevailing religion of the State is
Christian, 471.

the maxim that Christianity is part of the law of the land, 472-

477.

punishment of blasphemy does not invade, 472–474.

or of other forms of profanity, 476.

Sunday laws, how justified, 476, 477.

respect for religious scruples, 477, 478.

religious belief, as affecting the competency or credibility of wit-
nesses, 478.

REMEDIAL STATUTES,

liberal construction of, 61 n.

parties obtaining bound by, 96.

REMEDY,

power of legislature over, in criminal cases, 267–273.

in civil cases, 287-294, 361 - 367.

legislature cannot take away all remedy, 289.

may give new remedies, 361.

may limit resort to remedies, 364–367.

for compensation for property taken by public, 560, 561.

REMOVAL,

of causes from State to national courts, 12, 13.

REPEAL,

of old English statutes, 25 n., 26 n.

all laws subject to, 125–127.

of laws conflicting with unconstitutional law, 186.

REPORTS,

of public meetings, 435.

of legislative proceedings, publication of, 418-420, 457–460.

of judicial proceedings, publication of, 448-451.

(See LIBERTY OF SPEECH AND OF THE PRESS.)