LEGISLATURES OF THE STATES - continued. approval and veto of bills by governor, 184. governor's messages to, 187. special sessions of, 187. when acts to take effect, 187. power of the courts to declare statutes unconstitutional, 192-222. of invalid contracts, 355, 356, 454-471. nor ex post facto laws, 24, 44, 321. nor laws violating obligation of contracts, 24, 44, 148, 328. insolvent laws, what may be passed, 356. right to petition, 426. vested rights protected against, 429-491. See LAW OF THE LAND. control by, of remedies in criminal cases, 320–328. in civil cases, 347-356, 442-454. control of rules of evidence, 349, 450. may change estates in land, 438. and rights to property under the marriage relation, 440. retrospective legislation by, 454–471. See RETROSPECTIVE LEGISLATION. privileges granted by, may be recalled, 471. betterment laws, 476. unequal and partial legislation, 479. general laws not always essential, 479, 480. special rules for particular occupations, 480, 481. suspensions of laws in special cases, 482, 483. special remedial legislation, 484. special franchises, 485-487. restrictions upon suffrage, 486, 752. power of, to determine for what purposes taxes may be levied, 599-607. cannot authorize property to be taxed out of its district, 615. must select the subjects of taxation, 632. may determine necessity of appropriating private property to public use, but the necessity for taking particular property is a judicial question, authority of, requisite to the appropriation, 648. cannot appropriate property to private use, 651, 652. LETTERS, legal inviolability of, 367, n., 371, n. LEVEES, establishment of, under police power, 627, 732. special assessments for, 628. LIBEL. See LIBERTY OF SPEECH AND OF THE Press. LIBERTY OF SPEECH AND OF THE PRESS, Hamilton's reasons why protection of, by bill of rights, was not impor- opposing reasons by Jefferson, 313, n. Congress to pass no law abridging, 510. State constitutional provisions respecting, 510, n. these create no new rights, but protect those already existing, 511-513. liberty of the press neither well defined nor protected at the common law, 513. censorship of publications, 513, 514. debates in Parliament not suffered to be published, 514. censorship in the Colonies, 514, 515. secret session of Constitutional Convention, 515. and of United States Senate, 516. what liberty of speech and of the press consists in, 516, 517. privileged cases, 523–525. libels upon the government indictable at the common law, 525. sedition law for punishment of, 526. whether now punishable in America, 526–528. criticism upon officers and candidates for office, 529-541. statements in the course of judicial proceedings, 512-514. privilege of counsel, 544-546. privilege of legislators, 546-549. publication of privileged communications through the press, 549–552. publication of speeches of counsel, &c, not privileged, 549. fair and impartial account of judicial trial is, 550. whole case must be published, 550. must be confined to what took place in court, 550. LIBERTY OF SPEECH AND OF THE PRESS- continued. publishers generally held to same responsibility as other persons, 556. nor because the publication was without their personal knowledge, 557. nor by its constituting a fair account of a public meeting, 557. publication of legislative proceedings, how far privileged, 562-564. the case of Stockdale v. Hansard, 563, n. the jury as judges of the law in libel cases, 564-567. Mr. Fox's Libel Act, 566. the early rulings on the subject in America, 566, 567. provisions on the subject in State constitutions, 510, n., 567, n. burden of proof on the defendant to show them, 569. that publication was copied from another source is not sufficient, 570. annulling, 341. of occupations in general, 743. for ferry across navigable waters, 731. revoking, where a fee was received therefor, 341, n. LICENSE FEES, when are taxes, 243, n., 609, n. limited generally to necessary expenses, &c., 243, n. LICENSER, of intended publications, 513-518. See LIBERTY OF SPEECH AND OF THE PRESS. LICENTIOUSNESS, distinguished from liberty, 538, 575. LIEN, statutory, may be taken away, 347, n. LIFE, action for taking, through negligence, &c., 715. not to be taken but by due process of law, 14, 24, 429. LIMITATION, of time to apply for compensation for property taken by public, 693. may cut off vested rights, 447-450. opportunity to assert rights must first be given, 449, 450. cannot operate upon party in possession, 449. LIMITATION LAWS-continued. legislature to determine what is reasonable time, 450. legislature cannot revive demands barred by, 448. legislature may prescribe form for new promise, 356. do not apply to State or nation, 450, n. LIMITATIONS TO LEGISLATIVE POWER, are only such as the people have imposed by their constitutions, 104, 105. constitutionality of, 145, 146. LOCAL SELF-GOVERNMENT, State constitutions framed in reference to, 47, 207. LOCAL TAXATION. See TAXATION. LOCALITY OF PROPERTY, may give jurisdiction to courts, 496. taxation dependent upon, 615, 634. LOG-ROLLING LEGISLATION, constitutional provisions to prevent, 169–183. LORD'S DAY, laws for observance of, how justified, 584, 725. LOTTERIES, prohibition of, 99, n. LOUISIANA, code of, based upon the civil law, 38, n. divorces not to be granted by special laws, 129, n. title of acts to embrace the object, 169, n. no act to be amended by mere reference to its title, 181. time when acts are to take effect, 190. liberty of speech and of the press in, 512, n. privilege of legislators in debate, 547, n. privileges not to be granted on religious grounds, 575, n. "damaging" property in the course of public improvements, 689, n. exclusions from suffrage in, 753, n. LUNATICS, excluded from suffrage, 753. special statutes for sale of lands of, 115 et seq. M. MAGNA CHARTA, grant of, did not create constitutional government, 5, n. a declaratory statute, 34, 312. its maxims the interpreters of constitutional grants of power, 208. MAILS, inviolability of, 371, n. MAINE, judges to give opinions to governor and legislature, 53, n. right of jury to determine the law in cases of libel, 394, n. protection to person and property by the law of the land, 430, n. liberty of speech and of the press in, 510, n. privilege of legislators in debate, 547, n. persons conscientiously opposed to bearing arms, excused, 586, n. exclusions from suffrage in, 753, n. MAJORITY, what constitutes two thirds, 168. what sufficient in elections, 747, n., 748, n., 771. MALICE, presumption of, from falsity of injurious publications, 523, 564. presumption in cases of homicide, 398, n. MANDAMUS, to the executive, 136. to compel registration of voters, 758. to compel canvassers to perform duty, 784. MANDATORY STATUTES, doctrine of, 88-93. constitutional provisions always mandatory, 88-98, 168, 179, 180. but courts cannot always enforce, 154. MANUFACTURING PURPOSES, whether dams for, can be established under right of eminent domain, 657-659. taxation in aid of, 601, n., 602, n. MARKETS, State power to regulate, 744. MARRIAGE, validating invalid, by retrospective legislation, 458. legislative control of rights springing from, 440. between whites and blacks. 481, n. power of the legislature to annul, 128. See DIVORCE; MARRIED WOMEN. |