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BY-LAWS,- continued.

must be certain, 246.

must not conflict with constitution of State or nation, 241, 242.

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Mexican law retained in the system of, 35, n.

divorces not to be granted by the legislature, 133, n.

privilege of legislators from arrest, 163, n.

no law to embrace more than one object, to be expressed in title, 172, n.

right of jury to determine the law in cases of libel, 399, n.

protection of person and property by law of the land, 436, n.

liberty of speech and of the press in, 520, n.

religious belief not to be test of incompetency of witness, 596, n.

CANALS,

appropriation of private property for, 664.

when are private property, 738, n.

CANDIDATES FOR OFFICE,

criticism of, how far privileged, 539-551, 567.
ineligibility of, how to affect election, 781.

CANVASSERS,

act ministerially in counting and returning votes, 784.

whether they may be compelled by mandamus to perform duty, 785.
certificate of, conclusive in collateral proceedings, 786.

CARRIERS,

(See ELECTIONS.)

regulation of charges of, 745.

police regulations making them liable for beasts killed, 725, n.
change of common-law liability of, by police regulations, 722-725, 742-746.
may be made responsible for death caused by negligence, &c., 723.
but not for injuries for which they are not responsible, 723, n.

CATTLE,

police regulations making railway companies liable for killing, 723.
CEMETERIES,

further use of, may be prohibited when they become nuisances, 747.
CENSORSHIP OF THE PRESS,

in England and America, 522–526.

CENTRALIZATION,

American system the opposite of, 228.

CHARACTER,

bad, of attorney, sufficient reason to exclude him from practice, 416.
slander of, 551-553.

good, of defendant in libel suit, no defence to false publication, 579.
benefit of, in criminal cases, 403, n.

CHARTERS,

of liberty, 32.

colonial, swept away by Revolution, 35.

exceptions of Connecticut and Rhode Island, 35.

CHARTERS,— continued.

forfeiture of, is a judicial question, 128,
municipal, do not constitute contracts, 233.
control of legislature over, 232, 233.
construction of, 235, 257.

(See MUNICIPAL CORPORATIONS.)

of private corporations are contracts, 339.
police regulations affecting, 718–725.

strict construction of, 494-197.

amendment of, 339, 719.

CHASTITY,

accusation of want of, not actionable per se, 529.
statutory provisions on the subject, 530.

CHECKS AND BALANCES,

in constitutions, 44.

CHILDREN,

control of parent, &c., over, 420.

obtaining possession of, by habeas corpus, 431.
decree for custody of, in divorce suits, 507.
CHRISTIANITY,

its influence in the overthrow of slavery, 364, 365.
in what sense part of the law of the land, 588-592.
(See RELIGIOUS LIBERTY.)

CHURCH ENDOWMENTS,

not to be taken away by legislature, 334, ǹ.

CHURCH ESTABLISHMENTS,

forbidden by State constitutions, 584.

CHURCH ORGANIZATIONS,

powers and control of, 580, n.

discipline of members, 542, n.

CITIES AND VILLAGES,

CITIZENS,

(See MUNICIPAL CORPORATIONS.)

who are, 13.

of the several States, privileges and immunities of, 14, 19, 20, 490–498.
discriminations in taxation of, 498, 606.

jurisdiction of United States courts in respect to, 12-14, 361.

CIVIL RIGHTS,

protection of, by amendments to constitution, 742–746.

discriminations not to be made in, on account of religious beliefs, 580–586.
(See CITIZENS; CLASS LEGISLATION.)

CLASS LEGISLATION,

private legislation which grants privileges, 487-498.

party petitioning for, estopped from disputing validity, 488.

public laws may be local in application, 488.

special rules for particular occupations, 489, 492.

proscription for opinion's sake unconstitutional, 489.

suspensions of laws must be general, 490, 491.

each individual entitled to be governed by general rules, 490, 491.
discriminations should be based upon reason, 492.

CLASS LEGISLATION,- continued.

equality of rights, &c., the aim of the law, 493.

strict construction of special burdens and privileges, 493–498.

discriminations not to be made on account of religious beliefs, 580-586.
CLERICAL ERRORS,

in statutes, disregarding, 186, n.

COINING MONEY,

power over, 11.

COLLUSION,

conviction by, no bar to new prosecution, 404, n.

COLONIES,

union of, before Revolution, 6.

authority of the Crown and Parliament in, 7.

Revolutionary Congress and its powers, 8.
controversy with the mother country, 31, 32.

legislatures of, 33.

substitution of constitutions for charters of, 35.
censorship of the press in, 522, 523.

COLOR,

not to be a disqualification for suffrage, 13, 753.
COLORADO,

special statutes authorizing sale of lands forbidden, 119, n.

divorces not to be granted by the legislature, 134, n.

revenue bills to originate in lower house, 160, n.

privilege of legislators from arrest, 163, n.

title of acts to embrace the object, 173, n.

municipalities of, restrained from aiding in public improvements, 266, n.
protection of person and property by law of the land, 436, n.

liberty of speech and of the press in, 522, n.

privilege of legislators in debate, 556, n.

religious liberty in, 583, n.

private property not to be taken without compensation, 703, n.

COMMERCE,

power of Congress to regulate, 11.

State regulations valid when they do not interfere with those of Congress,
726-733.

(See POLICE POWER.)

State taxation of subjects of, 732, 733.

(See TAXATION.)

in intoxicating drinks, how far State regulations may affect, 725-728.
COMMITTEES OF THE LEGISLATURE,

collection of information by, 163.

contempts of witnesses, how punished, 164.

employment of counsel before, 168, n.

COMMON CARRIERS,

police regulations regarding, 719–725.

COMMON LAW,

(See RAILWAY COMPANIES.)

Federal courts acquire no jurisdiction from, 25, 26, 535.
pre-existing the Constitution, 28.

COMMON LAW, — continued.

-

what it consists in, 28.

its general features, 29.

modification of, by statutes, 30.

colonists in America claimed benefits of, 31, 32.

how far in force, 31, n.

evidences of, 33.

decisions under, as precedents, 64.

gradual modification of, 67.

to be kept in view in construing constitutions, 74.

statutes in derogation of, 74, n.

not to control constitutions, 74.

municipal by-laws must harmonize with, 246, 247.

rules of liability for injurious publications, 522, 527–532.

modification of, by statute, 538.

modification by police regulations of common-law liability of carriers,
722-725.

COMMON RIGHT,

statutes against, said to be void, 200-204.

COMPACTS BETWEEN STATES,

must have consent of Congress, 19.

are inviolable under United States Constitution, 335.

COMPENSATION,

for private property appropriated by the public, 699.

(See EMINENT DOMAIN.)

what the tax-payer receives as an equivalent for taxes, 620.

COMPLAINTS,

for purposes of search-warrant, 372.

of crime, how made, 379.

COMPULSORY TAXATION,

by municipal bodies, 285-288.

CONCLUSIVENESS OF JUDGMENTS,

full faith and credit to be given in each State to those of other States,
20-22.

parties and privies estopped by, 57-66, 511.

but not in controversy with new subject-matter, 61.

strangers to suit not bound by, 60.

irregularities do not defeat, 511.

(See JURISDICTION.)

CONDITIONAL LEGISLATION,

power of the States to adopt, 144–147.

CONDITIONS,

what may be imposed on right of suffrage, 451, n., 757, 758.

(See ELECTIONS.)

precedent to exercise of right of eminent domain, 658.

CONFEDERACY OF 1643,

brought about by tendency of colonies to union, 6.

CONFEDERATE DEBT,

not to be assumed or paid, 13.

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dangerous character of, as evidence, 385.

must appear to have been made voluntarily, 385.

excluded if solicitations or threats have been used, 386.

will not prove the corpus delicti, 386.

CONFIDENCE,

communications in, when privileged, 533, 534.

between attorney and client, is client's privilege, 412, 413, and n.
CONFIRMING INVALID PROCEEDINGS,

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brought together by tendency of colonies to union, 6.

CONGRESS OF THE REVOLUTION,

powers assumed and exercised by, 6-8.

CONGRESS OF THE UNITED STATES,

general powers of, 11-14.

enabling acts by, for formation of State constitutions, 38-41.

cannot divest vested rights, 449.

exercise of power of eminent domain by, 653.

regulations of commerce by, are supreme, 725, 737.

CONNECTICUT,

(See POLICE POWER.)

charter government of, 35.

municipalities of, restrained from aiding public improvements, 266, n.
right of jury to determine the law in cases of libel, 399, n.

protection of person and property by law of the land, 436, n.

liberty of speech and of the press in, 518, n.

privilege of legislators in debate, 556, n.

religious liberty in, 584, n.

CONSCIENCE, FREEDOM OF,

CONSENT,

(See RELIGIOUS LIBERTY, 580-583.)

conviction by collusion no bar to new prosecution, 404, n.
cannot confer jurisdiction of subject-matter upon courts, 499.
cannot authorize jury trial by less than twelve jurors, 395 and n.
is a waiver of irregularities in legal proceedings, 511.
waiver of constitutional privileges by, 219, 393, n., 488 and n.

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