CONSTRUCTION OF STATE CONSTITUTIONS, —Continued. of art, to be understood in technical sense, 60. importance of history of the law to, 59, 65. but not to control constitution, 61. whether provisions in derogation of, should be strictly con- arbitrary rules of, dangerous, 59, 61, 62, 83. and especially inapplicable to constitutions, 58. same word presumed employed in same sense throughout, 62. operation to be prospective, 62, 63. implied powers to carry into effect express powers, 63, 64. power granted in general terms is coextensive with the terms, 64. mischief to be remedied, consideration of, 65. prior state of the law to be examined, 65. proceedings of constitutional convention may be consulted, 66. reasons why unsatisfactory, 66, 67. weight of contemporary and practical construction, 67. injustice of provisions will not render them void, 72, 73. CONSTRUCTION OF STATUTES, to be such as to give them effect, if possible, 184. directory and mandatory, 74-78. contemporary and practical, weight to be given to, 67-71. CONTEMPORANEOUS CONSTRUCTION, force and effect of, 67 −71. CONTEMPTS, of the legislature, punishment of, 133-135. CONTESTED ELECTIONS, right of the courts to determine upon, 623. CONTESTED FACTS, cannot be settled by statute, 96, 104, 105. legislative bodies to decide upon, 133. powers assumed and exercised by, 5 – 7. authority of the States to adopt, 117. CONTRACTS, for lobby services, illegal, 136. to influence elections, are void, 615. charters of municipal corporations do not constitute, 192, 193. of municipal corporations ultra vires void, 196. COPYRIGHT, (See OBLIGATION OF CONTRACTS.) Congress may secure to authors, 10. CORPORATE CHARTERS, (See CHARTERS.) CORPORATE FRANCHISES, may be appropriated under right of eminent domain, 526. private, may be authorized to take lands for public use, 536–538. CORRESPONDENCE, private, inviolability of, 307 n. COUNSEL, constitutional right to, 330–338. oath of, 330, 331 n. duty of, 331, 335, 338 n. denial of in England, 331–333. court to assign for poor persons, 334. whether those assigned may refuse to act, 334. privilege of, is the privilege of the client, 334 and n. not at liberty to withdraw from cause, except by consent, 335. whether to address the jury on the law, 336, 337. COUNSEL,-Continued. summary punishment of, for misconduct, 337. (See ATTORNEYS.) may be employed before legislative committees, 136 n. but not as lobbies, 136 n. not liable to action for what he may say in judicial proceedings, unless irrelevant to the case, 444. not privileged in afterwards publishing his argument, if it contains newspaper publisher not justified in publishing speech of a criminal COUNTERFEITING, Congress may provide for punishment of, 10, 18. States also may punish, 18. COUNTIES AND TOWNS, difference from chartered incorporations, 240. COURTS, (See MUNICIPAL INCORPORATIONS.) duty of, to refuse to execute unconstitutional laws, 71 n, 81, 82, 159 et seq. contested elections to be determined by, 623. not to be directed by legislature in decisions, 94, 95. action of, not to be set aside by legislature, 95. must act by majorities, 96. not to be open on election days, 614. power to declare laws unconstitutional a delicate one, 159, 160. will not be exercised by bare quorum, 161. nor unless necessary, 163. nor on complaint of one not interested, 163, 164. nor of one who has assented, 164. will not declare laws void because solely of unjust provisions, 164- nor because in violation of fundamental principles, 169, nor because conflicting with the spirit of the constitution, 171 - nor unless a clear repugnancy between the laws and the con- special, for trial of rights of particular individuals, 392. of star chamber, 342. of high commission, 342. COURTS, -Continued. of the United States, to be created by Congress, 10. CRIMES, general powers of, 11. removal of causes to, from State courts, 12, 13. to follow State courts as to State law, 13, 14. to decide finally upon United States laws, &c. 12. have no common-law jurisdiction, 19, 29. in what cases may issue writs of habeas corpus, 345, 346. legislative convictions of, prohibited, 15, 33, 259. ex post facto laws prohibited, 15, 33, 264. punishment of, by servitude, 299. search warrants for evidence of. (See SEARCHES AND SEIZURES.) accusations of, how made, 309. presumption of innocence, 309, 311. right of accused party to bail, 309–311. prisoner refusing to plead, 311. trial to be speedy, 311, 312. and public, 312. and not inquisitorial, 313. prisoner's right to make statement, 313-318. confessions as evidence, 313–318. prisoner to be confronted with the witnesses, 318. trial to be by jury 309, 319. jury must consist of twelve, 319.. jury must be from vicinage, 319, 320. must unanimously concur in verdict, 320. judge not to express opinion upon the facts, 320. how far jury may judge of the law, 321 – 324. accused not to be twice put in jeopardy, 325 – 328. when nolle prosequi equivalent to acquittal, 327. cruel and unusual punishments prohibited, 328-330. duty of, 331, 335, 338 n. denial of, in England, 331–333. court to designate for poor persons, 334. whether one may refuse to act, 334. privilege of, is the privilege of the client, 334 and n. not at liberty to withdraw from case except by consent, 335. duty of as between the court and the prisoner, 335 n. not to be made the instrument of injustice, 338. but privileged if made in course of judicial proceedings, 441, 444. CRITICISM, of works of art and literary productions is privileged, 457. of public entertainments and sermons, 457 n. CROWN OF GREAT BRITAIN, succession to, may be changed by Parliament, 86. CRUEL AND UNUSUAL PUNISHMENTS, for counterfeiting money, 18. under State and municipal laws, 199. CURTESY, ESTATE BY THE, power of legislature to modify or abolish, 360, 361. CUSTODY, of wards, apprentices, servants, and scholars, 340. of children by parents, 340, 348. of principal by his bail, 341. CUSTOMS, (See COMMON LAW; DUTIES AND IMPOSTS.) D. DAM, to obtain water power, condemnation of land for, 532, 534-536. |