A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union (Google eBook)

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Little, Brown,, 1890 - Constitutional law - 885 pages
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Contents

CHAPTER IV
51
Who first to construe constitutions 525r
57
Construction to be uniform
68
Common law to be kept in view
74
Proceedings of Constitutional Convention may be examined
80
Unjust provisions not invalid
87
Constitutional provisions are imperative 9398
93
Danger of arbitrary rules of construction
101
Definition of legislative and judicial authority 109110
109
Recitals in statutes do not bind individuals
115
Statutes which assume to dispose of disputed rights 123127
123
Legislative encroachments upon executive power 133136
133
Conditional legislation 142145
142
Territorial limitations upon State legislative authority 149151
149
Restrictions upon State action 23 24
152
CHAPTER VI
155
CHAPTER VII
192
THE SEVERAL GRADES OF MUNICIPAL GOVERNMENT
223
Abels p Supervisors of Ingham 750
228
Powers of public corporations
231
Meetings and adjournments 157
235
Municipal bylaws 238247
239
Delegation of powers by municipality not admissible 248
248
Power to indemnify officers 258260
258
Negotiable paper of corporations 269273
269
Legislative control of municipal taxation 281288
281
Legislative control of corporate property 288294
288
Abercrombie p Baxter 352
290
Towns and counties 294301
294
Not liable for neglect of official duty
301
North Bridgewater 755
302
Validity of corporate organizations not to be questioned collater
309
Ackley School Dist v Hall 173
316
Ex post facto laws 318328
318
Laws impairing the obligation of contracts 328306
328
What charters are contracts 334336
334
Grant of exclusive privileges
342
Appraisal laws
352
CHAPTER X
359
Search warrants 367373
367
Quartering soldiers in private houses
373
Vested rights not to be disturbed
436
Legislative control of remedies 442444
442
Alteration in the rules of evidence 450453
450
Curing irregularities in legal proceedings 4 56458
458
Pendency of suit does not prevent healing act
468
Sumptuary and other like laws
474
Equality the aim of the law 485
485
Judicial proceedings void if jurisdiction wanting
491
Process by publication 497500
498
Judicial power not to be delegated
504
CHAPTER XII
510
What liberty of the press consists in 516518
516
Alexander 441
519
Cases of privileged communications 523525 559
525
Petitions and other publications in matters of public concern
531
Statements in course of judicial proceedings 542544
542
Publication of privileged communications through the press
549
Publication of legislative proceedings 562564
562
fendant 568
568
What it precludes 575577
575
And of other profanity
584
Exemption of national agencies from State taxation 590593
590
Discriminations in taxation between citizens of different States
597
Taxation mast be uniform throughout the taxing districts 617630
617
CHAPTER XV
642
Legislative authority requisite to its exercise
648
What is a public purpose 654659
654
Question of is one of law
663
THE POLICE POWER OF THE STATES
704
sances c
740
CHAPTER XVII
747
Who to participate in elections conditions of residence presence
752
Other regulations
758
Ballot must be complete in itself
764
Boxes for different votes errors in depositing
770
Liability of officers for refusing votes
776
Canvass and return of votes canvassers act ministerially 782784
782
What proofs admissible 788790
788
Trial to be by jury 389
811
Number of jurors 390
883

Common terms and phrases

Popular passages

Page 48 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
Page 511 - No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 512 - ... no law shall be passed abridging the freedom of speech or of the press...
Page 100 - The Legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
Page 311 - They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?
Page 432 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 511 - In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the Court, as in other cases.
Page 216 - The question, whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.
Page 635 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 211 - If, when the unconstitutional portion is stricken out, that which remains is -complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which -was rejected, it must be sustained.

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