LAW OF THE LAND · continued.

courts of general and special jurisdiction, and the rules as to ques-

tioning their jurisdiction, 406, 407.

irregular proceedings do not defeat jurisdiction, 408.

waiver of irregularities, 409.

judicial power cannot be delegated, 410.

judge cannot sit in his own cause, 410-413.

objection to his interest cannot be waived, 413.

right to jury trial in civil cases, 410, n.

LAWS, ENACTMENT OF.

(See STATUTES.)

LAWS IMPAIRING OBLIGATION OF CONTRACTS.

(See OBLIGATION OF CONTRACTS.)

LAWS, EX POST FACTO,

(See Ex Post Facto Laws.)

LEGAL PROCEEDINGS,

publication of accounts of, how far privileged, 448-451.
statements in course of, when privileged, 441–445.
(See JUDICIAL PROCEEDINGS.)

LEGAL TENDER,

only gold and silver to be made by the States, 15.
LEGISLATIVE DEPARTMENT,

not to exercise executive or judicial powers, 87-116.
equality of, with other departments, 45, n., 47, n.
(See LEGISLATURES OF THE STATES.)

LEGISLATIVE DIVORCES,

whether they are an exercise of judicial power, 109–114.
impropriety of, 110, 114, n.

LEGISLATIVE MOTIVES,

not to be inquired into by courts, 135, 136, 186, 187, 208.
presumption of correctness of, 186, 187, 208.

LEGISLATIVE POWERS,

enactments in excess of, are void, 3, 174.

distinguished from judicial, 91.

cannot be delegated, 116-125.

exercise of, will not give right of action, 208.

cannot extend beyond territorial limits, 127.

grant of, will not warrant exercise of executive or judicial powers,

87-116.

LEGISLATIVE PROCEEDINGS,

privilege of publication of, 457-460.

members not to be questioned for words in course of, 445–447.

LEGISLATORS,

contested elections of, to be decided by house, 133.

duty of, not to violate constitution, 185.

presumed correctness of motives, 186, 187.

privilege of, in debate, 445-447.

right of, to publish speeches, 457–460.

LEGISLATURES, COLONIAL,

statutes adopted by, in force at Revolution, 25.
LEGISLATURES OF THE STATES,

power to originate amendments to State constitution, 31, and n.
construction of constitution by, 39-43.

deference due to judicial construction by, 53.

powers of, compared with those of parliament, 85, 86, 172, 173.
not to exercise executive or judicial powers, 87, 116, 174-176.
complete legislative power vested in, 87, 168, 172, 173.
specification of powers in constitution unnecessary, 88.'
declaratory statutes not the exercise of judicial power, 93-95.
cannot set aside judgments, grant new trials, &c., 95, 96, 392.
how far may bind parties by recital of facts in statutes, 96.
power of, to grant divorces, 109-114.

delegation of legislative power inadmissible, 116–125.

but conditional legislation is not, 117.

nor making charters subject to acceptance, 118, 119.
nor conferring powers of local government, 118-125, 191.
irrepealable legislation cannot be passed, 125-127, 284.

but exemptions from taxation may be made, 127, 280, 514.
power of, limited to territory of the State, 127.
discretionary powers of, how restricted, 129.

courts no control over, 129.

enactment of laws by, 130-158.

must be under the constitutional forms, 130, 131.
parliamentary common law of, 130, 131, 134.

division of, into two houses, 131, 132.

when to meet, 132.

proroguement by executive, 132.

rules of order of, 133.

election and qualification of members, determination of, 133.

contempts of, may be punished by, 133, 134.

but not by committees, 135.

members of, may be expelled, 133.

their privilege from arrest, &c., 134.

committees of, for collection of information, &c., 135.

power of, to terminate with session, 135.

journals of, to be evidence, 135, 136.

action of, to be presumed legal and correct, 135, 136.
motives of members not to be questioned, 135, 186, 187, 208.
"lobby" services illegal, 136, and n.

bills, introduction and passage of, 137–141.

three several readings of, 80, 81, 139, 140.

yeas and nays to be entered on journal, 140.

vote on passage of, what sufficient, 141.

title of, formerly no part of it, 141.

constitutional provisions respecting, 81, 82, 141, n.
purpose of these, 142.

LEGISLATURES OF THE STATES-continued.

they are mandatory, 150, 151.

particularity required in stating object, 144, 145.
what is embraced by title, 148-150.

effect if more than one object embraced, 147, 148.
effect if act is broader than title, 148–150.

amended statutes, publication of, at length, 151, 152.
repeal of statutes at session when passed, 152.
signing of bills by officers of the houses, 152.
approval and veto of bills by governor, 153, 154.
governor's messages to, 155.

special sessions of, 155.

when acts to take effect, 155–158.

power of the courts to declare statutes unconstitutional, 159–188.
full control of, over municipal corporations, 192, 193, 226, 233.
legalization by, of irregular municipal action, 224.

of invalid contracts, 293, 371-381.

of irregular sales, taxation, &c., 370-383.

not to pass bills of attainder, 15, 33, 259.

nor ex post facto laws, 15, 33, 264.

nor laws violating obligation of contracts, 15, 33, 127, 273.
(See OBLIGATION OF CONTRACTS.)

insolvent laws, what may be passed, 293, 294.

right to petition, 349.

vested rights protected against, 351-397.

(See LAW OF the Land.)

control by, of remedies in criminal cases, 267–273.

in civil cases, 287-294, 361–367.

control of rules of evidence, 288, 367–369.

may change estates in land, 359–361.

and rights to property under the marriage relation, 360, 361.
limitation laws may be passed by, 364–367.

retrospective legislation by, 369-383.

(See RETROSPECTIVE LEGISLATION.)

privileges granted by, may be recalled, 383.
consequential injuries from action of, 384.
sumptuary laws, 385.

betterment laws, 386-389.

unequal and partial legislation, 389-397.

general laws not always essential, 389, 390.
special rules for particular occupations, 390.
proscriptions for opinion's sake, 390, 391.
suspensions of laws in special cases, 391, 392.
special remedial legislation, 389, 391.
special franchises, 393-397.

restrictions upon suffrage, 394.

power of, to determine for what purposes taxes may be levied, 488-492, 517.
cannot authorize property to be taxed out of its district, 499–504.

LEGISLATURES OF THE STATES - continued.

must select the subjects of taxation, 514.

may determine necessity of appropriating private property to public use
528, 538, 539.

authority of, requisite to the appropriation, 528.

cannot appropriate property to private use, 530, 531.

LETTERS,

legal inviolability of, 307, n.

LEVEES,

establishment of, under police power, 589.

special assessments for, 510.

LIBEL, (See LIBERTY OF SPEECH AND OF THE PRESS.)

LIBERTY,

personal,

LIBERTY OF SPEECH AND OF THE PRESS,

Hamilton's reasons why protection of, by bill of rights, was not important,
256.

opposing reasons by Jefferson, 258, n.

Congress to pass no law abridging, 414.

State constitutional provisions respecting, 414, n.

these create no new rights, but protect those already existing, 415, 416.

liberty of the press neither well defined nor protected at the common law,
417.

censorship of publications, 417-419.

debates in parliament not suffered to be published, 418.

censorship in the Colonies, 418, 419.

secret sessions of Constitutional Convention, 419.

and of United States Senate, 420.

what liberty of speech and of the press consists in, 420, 421, 422.

general purpose of the constitutional provisions, 421, 422.

rules of common-law liability for injurious publications, 422-425.
modification of, by statute, 430.

privileged cases, 425, 426.

libels upon

the government indictable at the common law, 426.
prosecutions for, have ceased in England, 427.
sedition law for punishment of, 427.

whether now punishable in America, 428-430.

criticism upon officers and candidates for office, 431-441.
statements in the course of judicial proceedings, 441–445.

LIBERTY OF SPEECH AND OF THE PRESS- continued.

privilege of counsel, 442-445.

privilege of legislators, 445-447.

publication of privileged communications through the press, 448-160.
publication of speeches of counsel, &c., not privileged, 448.

fair and impartial account of judicial trial is, 448.

but not of ex parte proceedings, 448, 449.

whole case must be published, 448, 449.

must be confined to what took place in court, 449.

must not include indecent or blasphemous matter, 449.

privilege of publishers of news, 451–457.

publishers generally held to same responsibility as other persons, 455.
not excused by giving source of information, 455.

nor because the publication was without their personal knowledge, 455.
nor by its being a criticism on a candidate for office, 455.

nor by its constituting a fair account of a public meeting, 455, 456.
criticisms by, on works of art and literary productions, 456, 457.
exemplary damages against publishers, 457.

publication of legislative proceedings, how far privileged, 457.
rule in England, 457, 458.

the case of Stockdale v. Hansard, 458, n.

publication of speeches by members, 457, 459, 460.

the jury as judges of the law in libel cases, 460.
Woodfall's and Miller's cases, 460, 461.

Mr. Fox's Libel Act, 462.

the early rulings on the subject in America, 462, 463.
provisions on the subject in State constitutions, 463.

the truth as a defence when good motives and justifiable ends in the pub-
lication can be shown, 464.

burden of proof on the defendant to show them, 464.

that publication was copied from another source is not sufficient, 466.
motives or character of defendant no protection, if publication is false,
466.

LICENSE,

for ferry across navigable waters, 593.

revoking, where a fee was received therefor, 283, n.

LICENSE FEES,

when are taxes, 201, 495.

limited generally to necessary expenses, &c., 201.

payment of, to United States, does not give rights as against State laws,
584.

LICENTIOUSNESS,

LIFE,

distinguished from liberty, 339, n.

action for taking through negligence, &c., 581.
not to be taken but by due process of law, 11.

LIMITATION,

of time to apply for compensation for property taken by public, 561.