CONSTRUCTION OF STATE CONSTITUTIONS, —Continued.
words to be understood in their ordinary sense, 58, 59, 83 n.

of art, to be understood in technical sense, 60.

importance of history of the law to, 59, 65.
common law to be kept in view, 59–62.

but not to control constitution, 61.

whether provisions in derogation of, should be strictly con-
strued, 61 n.

arbitrary rules of, dangerous, 59, 61, 62, 83.

and especially inapplicable to constitutions, 58.

same word presumed employed in same sense throughout, 62.
this not a conclusive rule, 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.
when constitution prescribes conditions to a right, legislature cannot
add others, 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.
the argument ab inconvenienti, 67 – 70, 72 n.
deference to construction by executive officers, 69.
plain intent not to be defeated by, 69–73.

injustice of provisions will not render them void, 72, 73.
nor authorize courts to construe them away, 73.
doubtful cases of, duty of officers acting in, 73, 74.
directory and mandatory statutes, doctrine of, 74 – 78.
not applicable to constitutions, 78-82.
has been sometimes applied, 79-81.
authorities generally the other way, 82.

CONSTRUCTION OF STATUTES,

to be such as to give them effect, if possible, 184.
conflict with constitution not to be presumed, 185, 186.

directory and mandatory, 74-78.

contemporary and practical, weight to be given to, 67-71.
to be prospective, 370.

CONTEMPORANEOUS CONSTRUCTION,

force and effect of, 67 −71.

CONTEMPTS,

of the legislature, punishment of, 133-135.
of legislative committees, 135.

CONTESTED ELECTIONS,

right of the courts to determine upon, 623.
(See ELECTIONS.)

CONTESTED FACTS,

cannot be settled by statute, 96, 104, 105.
CONTESTED SEATS,

legislative bodies to decide upon, 133.
CONTINENTAL CONGRESS,

powers assumed and exercised by, 5 – 7.
CONTINGENT LEGISLATION,

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 private corporations are, 279.

of municipal corporations ultra vires void, 196.
invalid, may be validated by legislature, 372-383.
obligation of, not to be violated, 273.

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.
CORPORATIONS,

private, may be authorized to take lands for public use, 536–538.
(See CHARTERS; MUNICIPAL CORPORATIONS.)

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.
how far he may go in pressing for acquittal, 335, 336.
duty of, as between the court and the prisoner, 335 n.

whether to address the jury on the law, 336, 337.

COUNSEL,-Continued.

summary punishment of, for misconduct, 337.
limitation of client's control over, 338 and n.

(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,
442 - 445.

unless irrelevant to the case, 444.

not privileged in afterwards publishing his argument, if it contains
injurious reflections, 448.

newspaper publisher not justified in publishing speech of a criminal
reflecting on his counsel, 456.

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-
168.

nor because in violation of fundamental principles, 169,
170.

nor because conflicting with the spirit of the constitution, 171 -
174.

nor unless a clear repugnancy between the laws and the con-
stitution, 173-176.

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.
require statutes to apportion jurisdiction, 19.

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.
exceptional cases, 318.

trial to be by jury 309, 319.

jury must consist of twelve, 319..
right to jury cannot be waived, 319.
prisoner's right to challenges, 319.

jury must be from vicinage, 319, 320.

must unanimously concur in verdict, 320.
must be left free to act, 320.

judge not to express opinion upon the facts, 320.
nor to refuse to receive the verdict, 320.
but is to give instruction in the law, 322.

how far jury may judge of the law, 321 – 324.
acquittal by jury is final, 321, 322.

accused not to be twice put in jeopardy, 325 – 328.
what is legal jeopardy, 326, 327.

when nolle prosequi equivalent to acquittal, 327.
when jury may be discharged without verdict, 327.
second trial after verdict set aside, 327, 328.

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.
how far he may go in pressing for acquittal, 335, 336.

duty of as between the court and the prisoner, 335 n.
whether to address the jury on the law, 336, 337.
summary punishment of, for misconduct, 337.

not to be made the instrument of injustice, 338.
habeas corpus for imprisoned parties, 338–348.
accusations of, are libellious per se, 424 – 426.

but privileged if made in course of judicial proceedings, 441, 444.
violations of police regulations of States, 596.

CRITICISM,

of works of art and literary productions is privileged, 457.
but not the personal character of the author, 457.

of public entertainments and sermons, 457 n.

CROWN OF GREAT BRITAIN,

succession to, may be changed by Parliament, 86.
union of the colonies under, 5.

CRUEL AND UNUSUAL PUNISHMENTS,
constitutional prohibition of, 328–330.
what are, 329, 330.
CUMULATIVE 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 wife by husband, 339.

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.