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LIBERTY OF SPEECH AND OF THE PRESS,

Hamilton's reasons why protection of, by bill of rights, was not important,

314.
opposing reasons by Jefferson, 316, n.
Congress to pass no law abridging, 518.
State constitutional provisions respecting, 518, n.
these create no new rights, but protect those already existing, 519–522.
liberty of the press neither well defined nor protected at the common law,

522.

censorship of publications, 522-524.
debates in Parliament not suffered to be published, 523.
censorship in the Colonies, 524.
secret sessions of Constitutional Convention, 524.

and of United States Senate, 524.
what liberty of speech and of the press consists in, 525.
general purpose of the constitutional provisions, 526, 527.
rules of common-law liability for injurious publications, 528–532.

modification of, by statute, 538.
privileged cases, 532-534.
libels upon the government indictable at the common law, 534.

prosecutions for, have ceased in England, 535.
sedition law for punishment of, 535.

whether now punishable in America, 537.
criticism upon officers and candidates for office, 539-551.
statements in the course of judicial proceedings, 551-556.
privilege of counsel, 553–556.
privilege of legislators, 556-558.
publication of privileged communications through the press, 559-572.

publication of speeches of counsel, &c., not privileged, 559.
fair and impartial account of judicial trial is, 559.

but not of ex parte proceedings, 559.
whole case must be published, 560.
must be confined to what took place in court, 560.

must not include indecent or blasphemous matter, 560.
privilege of publishers of news, 563–569.

publishers generally held to same responsibility as other persons, 567.
not excused by giving source of information, 567.
nor because the publication was without their personal knowledge, 567.
nor by its being a criticism on a candidate for office, 567.
nor by its constituting a fair account of a public meeting, 567, 568.
criticisms by, on works of art and literary productions, 568.

exemplary damages against publishers, 569.
publication of legislative proceedings, how far privileged, 569.

rule in England, 569.
the case of Stockdale v. Hansard, 570, n.

publication of speeches by members, 571, 572.
the jury as judges of the law in libel cases, 572.

Woodfall's and Miller's cases, 572, 573.
Mr. Fox's Libel Act, 574.
the early rulings on the subject in America, 575.

LIBERTY OF SPEECH AND OF THE PRESS, - continued.

provisions on the subject in State constitutions, 576, n.
the truth as a defence when good motives and justifiable ends in the pub-

lication can be shown, 577.
burden of proof on the defendant to show them, 578.

that publication was copied from another source is not sufficient, 579, n.
motives or character of defendant no protection, if publication is false,

579, n.
LICENSE,

of occupations in general, 749.
for ferry across navigable waters, 740.

revoking, where a fee was received therefor, 345, n.
LICENSE FEES,

when are taxes, 246, n.
limited generally to necessary expenses, &c., 216.
payment of, to United States, does not give rights as against State laws,

729.
LICENSER,
of intended publications, 522-524.

(See LIBERTY OF SPEECH AND OF THE Press.)
LICENTIOUSNESS,

distinguished from liberty, 548, n.
LIEN,

statutory, may be taken away, 351.
LIFE,

action for taking, through negligence, &c., 725.

not to be taken but by due process of law, 13, 19, 436, n.
LIMITATION,

of time to apply for compensation for property taken by public, 700, 701.
LIMITATION LAWS,

may cut off vested rights, 453–456.
opportunity to assert rights must first be given, 455.
cannot operate upon party in possession, 455.
legislature to determine what is reasonable time, 456.
suspension of, 455, n., 490, n.
legislature cannot revive demands barred by, 454.
legislature may prescribe form for new promise, 359.

do not apply to State or nation, 456, n.
LIMITATIONS TO LEGISLATIVE POWER,
are only such as the people have imposed by their constitutions, 106.

(See LEGISLATURES OF TIE States.)
LITERARY PRODUCTIONS,

copyright to, Congress may provide for, 11, 12.

privilege of criticism of, 568, 569.
LOBBY SERVICES,

contract sor, unlawful, 166-168, n., 259, n.
LOCAL OPTION LAWS,

constitutionality of, 150–152.
LOCAL SELF-GOVERNMENT,

State constitutions framed in reference to, 44, 212.

.

LOCAL SELF-GOVERNMENT, — continued.
the peculiar feature of the American system, 228.

(See MUNICIPAL CORPORATIONS.)
LOCAL TAXATION,

(See TAXATION.)
LOCALITY OF PROPERTY,

may give jurisdiction to courts, 506-508.

taxation dependent upon, 622–628, 643.
LOG-ROLLING LEGISLATION,

constitutional provisions to prevent, 172–183.
LORD'S DAY,

laws for observance of, how justified, 594, 734.
LOUISIANA,

code of, based upon the civil law, 35, n.
divorces not to be granted by special laws, 133, n.
revenue bills must originate in lower house, 160, n.
title of acts to embrace the object, 172, n.
no act to be amended by mere reference to its title, 183, 184, n
time when acts are to take effect, 192, 193.
liberty of speech and of the press in, 521, n.
privilege of legislators in debate, 556, n.
exclusion of religious teachers from office, 583,

n.
exclusions from suffrage in, 753, n.
LUNATICS,

excluded from suffrage, 753.
special statutes for sale of lands of, 118-128.

M.
MAGNA CHARTA,

grant of, did not create constitutional government, 3, n.
a declaratory statute, 30, 315.
its maxims the interpreters of constitutional grants of power, 212

provision in, for trial by peers, &c., 435.
MAILS,

inviolability of, 375, n.
MAINE,

judges to give opinions to governor and legislature, 51, n.
revenue bills must originate in lower house, 160, n.
right of jury to determine the law in cases of libel, 399, n.
protection to person and property by the law of the land, 436, n.
liberty of speech and of the press in, 518, n.
privilege of legislators in debate, 556, n.
religious tests for office forbidden in, 583, n.
periodical valuations for taxation, 618.

exclusions from suffrage in, 753, n.
MAJORITY,

what constitutes two-thirds, 171.

wbat sufficient in elections, 752, 772.
MALICE,

presumption of, from falsity of injurious publications, 528, 566, 567.

MALICE, continued.

in refusing to receive legal votes, 777.

presumption in cases of homicide, 403, n.
MANDAMUS,

to the executive, 141, n.
to compel registration of voters, 757.

to compel canvassers to perform duty, 785.
MANDATORY STATUTES,

doctrine of, 89-94.
constitutional provisions always mandatory, 94-99, 171, 182.

but courts cannot always enforce, 157.
MANUFACTURING PURPOSES,

whether dams for, car be established under ght of eminent domain,

666-668.

taxation in aid of, 610, n.
MARKETS,

State power to regulate, 749.
MARRIAGE,

validating invalid, by retrospective legislation, 465.
legislative control of rights springing from, 447.
between whites and blacks, 490, n.
power of the legislature to annul, 132–137.

(See DIVORCE; MARRIED WOMEN.)
MARRIED WOMEN,

exclusion of, from suffrage, 37, 753.
statutes enlarging rights of, 74, n.
testimony of, in favor of husband, 390, n.
invalid deeds of, may be validated by legislature, 470, 471.
control of, by husband, 419, 420.

(See DivoRCE; DOWER.)
MARSHES,

draining of, and assessments therefor, 635, 636, 665.
MARTIAL LAW,

when may be declared, 379, n, 394, n.
legality of action under, 450, 451, n.

danger from, 775.
MARYLAND,

special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 133, n.
limited time for introduction of new bills, 169.
tiile of acts to embrace the subject, 172, n.
no act to be amended by mere reference to its title, 183, 184, n.
right of jury to determine the law in all criminal cases, 399, n.
protection of person and property by law of the land, 436, n.
liberty of speech and of the press in, 519, n.
privilege of legislators in debate, 556, n.
exclusion of religious teachers from office, 583, n.
religious tests for office in, 584, n.
private property not to be taken without compensation, 703, n.
exclusions from suffrage in, 753, n.

9

.

MASSACHUSETTS,

judges of, to give opinions to governor and legislature, 51, n.
constitutional provision respecting divorces, 133, n.
revenue bills must originate in lower house, 160, 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.
periodical valuations for taxation, 618.

exclusions from suffiage in, 753, n.
MASTER,

of apprentice, servant, and scholar, power of, 421.
MAXIMS,

of government, laws in violation of, 205–207.
of the common law, what they consist in, 29.

gradual growth and expansion of, 67.
for construction of statutes,

a statute is to be construed as prospective, and not retrospective, in

its operation, 76.
such an interpretation shall be put upon a law as to uphold it, and

give effect to the intention of the law-makers, 71.
words in a statute are presumed to be employed in their natural and

ordinary sense, 72, 102, n.
contemporary construction is be and strongest in the law, 81–87.
a statute is to be construed in the light of the mischief it was designed

to remedy, 79, 80.
he who considers the letter merely, goes but skin deep into the

meaning, 103, n.
statutes in derogation of the common law are to be construed strictly,

75, n.

an argument drawn from inconvenience is forcible in the law, 82-86.
general p inciples,

no man can be judge in his own cause, 514-517.
consent excuses error, 219, 220, 511.
the law does not concern itself about trifles, 647.
that to which a party assents is not in law an injury, 219, 220.
no man shall be twice vexed for one and the same cause, 57-66.
every man's house is his castle, 29, 367.
that which was originally void cannot by mere lapse of time become

valid, 455.
necessity knows no 'aw, 747.

so enjoy your own as not to injure that of another, 715.
MEANING OF WORDS,

(See DEFINITIONS.)
MEASURES AND WEIGHTS,

regulation of, 749.
MEMBERS OF THE LEGISLATURE,

contested seats of, decided by the house, 161.
punishment of, for contempts, &c., 161, 162.
power of the houses to expel, 161, 162.,
exemption of, from arrest, 163.

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