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. privileged cases, 532–534. libels upon the government indictable at the common law, 534. 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. 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. 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. publication of legislative proceedings, how far privileged, 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. 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- burden of proof on the defendant to show them, 578. that publication was copied from another source is not sufficient, 579, n. 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., 246. payment of, to United States, does not give rights as against State laws, action for taking, through negligence, &c., 725. not to be taken but by due process of law, 13, 19, 436, n. of time to apply for compensation for property taken by public, 700, 701. 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. 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. LITERARY PRODUCTIONS, copyright to, Congress may provide for, 11, 12. privilege of criticism of, 568, 569. LOBBY SERVICES, contract for, 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. LOCAL TAXATION, (See TAXATION.) LOCALITY OF PROPERTY, may give jurisdiction to courts, 506-508. constitutional provisions to prevent, 172-183. laws for observance of, how justified, 594, 734. 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 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 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. what sufficient in elections, 752, 772. MALICE, presumption of, from falsity of injurious publications, 528, 566, 567. constitutional provisions always mandatory, 94-99, 171, 182. but courts cannot always enforce, 157. MANUFACTURING PURPOSES, whether dams for, can be established under right of eminent domain, 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. MARSHES, (See DIVORCE; DOWER.) draining of, and assessments therefor, 635, 636, 665. special statutes licensing sale of lands forbidden, 119, n. limited time for introduction of new bills, 169. title of acts to embrace the subject, 172, n. no act to be amended by mere reference to its title, 183, 184, 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. MASSACHUSETTS, judges of, to give opinions to governor and legislature, 51, 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. MASTER, of apprentice, servant, and scholar, power of, 421. of government, laws in violation of, 205–207. for construction of statutes, a statute is to be construed as prospective, and not retrospective, in such an interpretation shall be put upon a law as to uphold it, and words in a statute are presumed to be employed in their natural and contemporary construction is best and strongest in the law, 81-87. he who considers the letter merely, goes but skin deep into the statutes in derogation of the common law are to be construed strictly, an argument drawn from inconvenience is forcible in the law, 82-86. 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 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. |