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PENALTIES, – continued.
given by statute may be taken away, 450, 468, n., 480.
for violation of police regulations, 749.
divorces not to be granted by legislature, 133, n.
revenue bills must originate in lower bouse, 160, n.
title of act to embrace the subject, 173, n.
time when acts take effect, 193.
right of jury to determine the law in cases of libel, 399, n.
protection to person and property by law of the land, 436, n.
liberty of speech and of the press in, 519, n.
privilege of legislators in debate, 556, n.
religious tests for office in, 583, n.
private property not to be taken without compensation, 703, n.
experiment of, with single legislative body, 159, n.
reservation of powers to, by national Constitution, 25.
sovereignty vested in, 36, 751.
formation and change of constitutions by, 38.
who are the, 36-39, 752.
exercise of sovereign powers by, 757.
gradually acquired by servile classes in Great Britain, 362–366.
constitutional prohibition of slavery in America, 366.
of bills of attainder, 19, 42, 317.
(See BILLS OF ATTAINDER.)
of ex post facto laws, 19, 42, 323.
(See Ex Post Facto Laws.)
of unreasonable searches and seizures, 367.
(See SEARCHES AND SEIZURES.)
of quartering soldiers in private houses, 378.
protection of, in one's dwelling-house, 29, 367, 378.
criminal accusations, how made, 379.
bail for accused parties, 380.
unreasonable, not to be demanded, 381.
trials for crimes, 381-417.
meaning of the term, 418, 493.
legal restraints upon, 418–422.
right to, in England, did not depend on any statute, 422.
reason why it was not well protected, 423.
evasions of the writ of habeas corpus, 423.
the habeas corpus act, 30, 425.
did not extend to American Colonies, 426.
general adoption of, 426.
writ of habeas corpus, 426.
when national courts may issue, 427.
State courts to issue generally, 428.
return to, when prisoner held under national authority, 428, 429.
not to be employed as a writ of error, 430.
PERSONAL LIBERTY, – continued.
application for, need not be made in person, 429, n.
what the officer to inquire into, 430.
to enforce relative rights, 431.
(See Jury Trial.)
right of, 432, 433, 541, 542.
PETITION OF RIGHT,
was a declaratory statute, 30, 315.
quartering soldiers upon subjects forbidden by, 378.
libels by, injury presumed from, 529.
indecent, sale of, may be prohibited, 748, 749.
sufficient in elections, 781.
regulation of sales of, 748.
exercise of, by municipal corporations, 247.
pervading nature of, 713-715.
definition of, 713, n.
the maxim on which it rests, 715.
States no power to relinquish it, 342-345.
power of States to make regulations which affect contracts, 715–727.
how charters of private incorporation may be affected by, 716-728.
charters cannot be amended on pretence of, 719, 720.
nor rights granted by charters taken away, 720, 721.
railroad corporations may be required to fence track, 722.
and made liable for beasts killed on track, 722.
grade of railways and crossings may be prescribed, 723.
requirement that bell shall be rung or whistle sounded at crossings, &c.,
whether carriers of persons may not be made insurers, 724.
action may be given for death caused by negligence, 725.
sale of intoxicating drinks may be regulated by States, 725.
regulation of, does not interfere with power of Congress over com-
sale of intoxicating drinks as a beverage may be prohibited by States, 727.
payment of United States license fee does not give rights as against State
quarantine and health regulations by States, 729.
barbor regulations by the States, 730.
line of distinction between police regulations and interference with com-
merce, 731, 732.
police regulations may be established by Congress, 732.
State requirement of license fee from importers illegal, 732.
State regulations to prevent immigrants becoming a public charge, 733.
State regulations of pilots and pilotage, 731, 732.
Sunday laws as regulations of police, 734.
POLICE POWER, continued.
regulation by States of use of highways, 734.
owners of urban property may be required to build sidewalks, 734.
construction of levees on river fronts, 741.
control of navigable waters by States, 735.
restrictions on this control, 737.
monopolies not to be granted, 738.
States may improve and charge tolls, 738.
may authorize bridges, 738.
when these bridges to be abated, 739.
may establish ferries, 740.
may authorize dams, 740.
when the dams may be abated, 740.
may regulate speed of vessels, 740, 741.
regulations of civil rights and privileges, 742.
regulations of business charges, 742.
other cases of police regulations, 746.
destruction of property to prevent spread of fire, 747.
establishment of fire limits, wharf lines, &c., 747.
regulations respecting gunpowder, poisons, dogs, unwholesome provisions,
regulations for protection of public morals, 748.
market regulations, 749.
probibited act or omission may be made criminal, 750.
power to establish, may be conferred on municipal corporations, 148–152.
(See POLICE Power.)
publication of, 560.
citizens not to be proscribed for, 489.
distinguished from judicial, 122, n.
equality of, 488, 489, 580-585.
not measured by constitutions, 45-47.
submission of laws to, not generally allowable, 141.
expression of, as to amendment of constitutions, 41.
must be obtained under forms of law, 751.
importance of, in limitation laws, 455, 456.
and post-roads, Congress may establish, 11.
inviolability of correspondence through, 376, n.
police regulations concerning storage of, 748.
of government, apportionment of, by State constitutions, 42–46.
of Congress, 11, 12.
of State legislatures, 104-157.
(See JUDICIAL POWER; LEGISLATIVE POWERS.)
weight to be given to, 81-86.
not to override the Constitution, 86.
importance of, 61, 62.
judicial, how far binding, 61-66.
law made by, 69, 70, n.
only authoritative within country where decided, 63, 64.
when to be overruled, 65.
of executive department, force of, 81–86.
in the soil belong to sovereign authority, 651.
of persons accused of crimes, 384.
publication of proceedings on, not privileged, 560.
powers of, 239.
of prisoner at his trial, 393.
powers and duties of, 14.
calling out the militia by, 52, n.
PRESS, LIBERTY OF,
(See LIBERTY OF SPEECH AND OF THE PRESS.)
of constitutionality of statutes, 204, 221.
of existence of corporation, 239.
of innocence of accused party, 379, 380.
of correctness of legislative motives, 225, 254.
regulation of, 742.
PRINCIPAL AND BAIL,
custody of principal by bail, 422.
answer the requirement of written, 761, n.
taxation to aid, 265, 266, n.
distinguished from public, 341, n.
charters of, are contracts, 340.
right to, is before constitutions, 47, 212, n., 439, n.
of municipal corporations, how far under legislative control, 289, 290.
when affected with a public interest, 742–746.
PRIVATE PROPERTY, - continued.
owners cannot be compelled to improve, 483, 664.
appropriating under right of eminent domain, 650.
trial of right to, 459.
protection of, against municipal action, 247.
(See EMINENT DOMAIN; VESTED Rights.)
cannot be laid out under right of eminent domain, 661.
not evidence against third parties, 118.
to authorize sales by guardians, &c., are constitutional, 118–129, 488.
estoppel of, by judgment, 60.
meaning of the term, 532.
when made in answer to inquiries, 533, 534.
between principal and agent, 534.
where parties sustain confidential relations, 531.
discussing measures or principles of government, 534-538.
criticising officers or candidates, 539-551.
made in the course of judicial proceedings, 551-653.
made by counsel, 553–556.
by legislator to constituents, 569–572.
by client to counsel, 413.
of citizens of the several States, 20–22, 606, 607.
citizens not to be deprived of, 13, 361.
protection of, rests with the States, 361, n., 742.
of legislators, 163.
special, strict construction of, 488-497.
regulation of, 742.
of constitutional convent
may be looked to on questions of construction,
of legislative bodies, publication of, 523-525, 569-572.
in judicial proceedings, publication of, 560.
punishment of, 588-593.
not to be disclosed, 413.
to influence legislation cannot be contracted for, 166, n.
law requiring, without compensation, to be strictly construed, 494.
PROHIBITIONS ON THE STATES,
in the federal Constitution, 19–25.
in forming or amending constitutions, 41, 42.
PROHIBITORY LIQUOR LAWS,
constitutionality of, 727.
qualification for suffrage, 753.