COMMON LAW, - continued. 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 by police regulations of common-law liability of carriers, 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. 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, 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. CONFEDERATION, ARTICLES OF, adoption of, 8. authority to supersede, 9, n. CONFESSIONS, 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. 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, 787. CONNECTICUT, (See POLICE POWER.) charter government of, 35. municipalities of, restrained from aiding public improvements, 266, 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. CONSEQUENTIAL INJURIES, caused by exercise of legal right give no ground of complaint, 481. are covered by assessment of damages when property taken by the public, 711. but not such as result from negligence or improper construction, 712. definition of, 2, 3. object of, in the American system, 46, 47. theory of, 4. power of Parliament under, 4. developed by precedents, 62, n. CONSTITUTION OF THE UNITED STATES, origin of, 6-9. ratification of, 8, 9. government of enumerated powers, formed by, 10, 210. judicial powers under, 14-16, 26. (See COURTS OF THE UNITED STATES.) and on municipal corporations, 241. reservation of powers to States and people, 25. difference between, and State constitutions, 11, 209. construction of, 10, 11, 25. amendment of State constitutions, how limited by, 41, new amendments to, 12. 42. protection of person and property by, as against State action, 314-361. addition of, afterwards, 315–317. bills of attainder prohibited by, 317-322. (See BILLS OF ATTAINDER.) ex post facto laws also forbidden, 323–333. (See Ex post facto Laws.) laws impairing obligation of contracts forbidden, 333-361. what is a contract, 333-339. what charters of incorporation are, 339, 340. whether release of taxation is contract, 341, 346. whether States can relinquish right of eminent domain, 343, 652. or the police power, 345, 652. general laws of the States not contracts, 347. what the obligation of the contract consists in, 653. and to pass insolvent laws, 359, 360. (See OBLIGATION OF CONTRACTS.) police regulations by the States, when in conflict with, 720, 737. taxation of the subjects of commerce by the States, 732, 733. CONSTITUTIONS OF THE STATES, compared with that of the United States, 11, 209. conditions on, imposed by Congress, 39, n. construction of, 48-103. not the source of individual rights, 47. (See STATE CONSTITUTIONS; CONSTRUCTION OF STATE CONSTITUTIONS.) for formation and amendment of State constitutions, 38-41. CONSTITUTIONAL GOVERNMENTS, may be waived generally, 219. (See WAIVER.) meaning of and necessity for, 48, 49. of United States Constitution and laws by United States courts, 15. CONSTRUCTION OF STATE CONSTITUTIONS, meaning of the term "construction," 49, n. necessity for, 48. questions of, arise whenever powers to be exercised, 50. in certain States judges may be called upon for opinions in advance, 51. when questions of, are addressed to two or more departments, 53. reasons for this, 55. this does not imply pre-eminence of authority in the judiciary, 56, n. decisions once made binding upon parties and privies, 58, 59. force of judgment does not depend on reasons given, 60. strangers to suit not bound by, 61. nor the parties in a controversy about a new subject-matter, 61. the doctrine of stare decisis, 58-66. only applicable within jurisdiction of court making the decision, 63. when precedents to be disregarded, 65. when other departments to follow decisions of the courts, and when uniformity of construction, importance of, 67. not to be affected by changes in public sentiment, 67. words of the instrument to control, 68-70, 79, 102, n., 158. intent of people in adopting it to govern, 67–70. intent to be found in words employed, 68 and n., 70. 71. CONSTRUCTION OF STATE CONSTITUTIONS, - continued. general intent as opposed to particular intent, 72 and n. words to be understood in their ordinary sense, 72, 102, n. whether provisions in derogation of, should be strictly construed, 74, n. and especially inapplicable to constitutions, 71. same word presumed employed in same sense throughout, 75. t is not a conclusive rule, 75. operation to be prospective, 76. implied powers to carry into erect expre s powers, 77, 78. power granted in general terms is coextensive with the terms, 78. when constitution prescribes conditions to a right, legislature cannot add mischief to be remedied, consideration of, 79. prior s ate of the law to be examined, Ɛ0. proceedings of constitutional convention may be consulted, 80. reasons why unsatisfactory, 80, 81. weight of contemporary and practical construction, 81, 82. the argument ab inconvenienti, 82-85, 86, n. deference to construction by executive officers, 83, 81. injustice of provisions will not render them void, 87, 88. CONSTRUCTION OF STATUTES, by judiciary conclusiveness of, 115. to be such as to give them effect, if possible, 223. directory and mandatory, 8-94. contemporary and practical, weight to be given to, 81-86. CONSTRUCTIVE NOTICE, 504, 505. CONTEMPTS, of the legislature, punishment of, 161-163. no jury trial in cases of, 394, n. CONTESTED ELECTIONS, right of the courts to determine upon, 787. (See ELECTIONS.) |