STATES OF THE UNION - continued. division of powers between, and the nation, 2. powers prohibited to, 15, 16, 18. faith to be given to public records of, 16, 17. agreements of, are inviolable, 275. compacts between are inviolable, 275. in existence when United States Constitution was formed, 21. ordinance of 1787, 25, n. colonial charters, 26, 27. how modified when not containing provisions therefor, 28. theory that the people are sovereign, 28. general rules for modification of, 30-37. right of people of territories to form, 30. right to amend rests in people as an organized body politic, 31. will of the people must be expressed under forms of law, 31. conventions to amend or revise, 32. limitations by Constitution of the United States on power to amend, 33. are not the origin of individual rights, 36. are presumed to have been drafted with care, 58. (See CONSTRUCTION OF STATE CONSTITUTIONS.) removal of causes from, to United States courts, 12, 13. protection to personal liberty by, 294, n., 345. STATE INDEBTEDNESS, (See COURTS.) prohibition of, will not prevent indebtedness by municipal corporations, STATEMENT, of defendant in criminal case, right to make, and effect of, 313-318. of marriage, control of, by legislature, 109, 110. STATUTES, (See DIVORCE.) directory and mandatory, 74-78. enactment of, 130-158. constitutional requirements must be observed, 130, 131. common parliamentary law as affecting, 131. the two houses must act separately, 131. STATUTES - continued. to proceed in their own way in collecting information, 135. introduction of bills, 137-139. three several readings of bills, 80, 81, 139, 140. yeas and nays, entry of, 140. what sufficient vote on passage, 141. title of bill, formerly no part of it, 141. constitutional provisions requiring object to be expressed, 81, 82, 141. these provisions mandatory, 150. evil to be remedied thereby, 142–144. particularity required in stating object, 144. "other purposes" ineffectual words in, 145. examples as to what can be held embraced in, 145, 146. effect if more than one object embraced, 147, 148. amendatory, 151, 152. requirement that act amended be set forth at length, 151. repeal of, at same session of their passage, 152. by unconstitutional act, 186. approval of, by the governor, 153, 154. passage of, at special sessions, 155. when to take effect, 155-158. publication of, 157, 158. presumed validity of, 168, 172-177, 182-186. power of courts to declare their unconstitutionality, 159, 169. not to be exercised by bare quorum, 161, 162. nor unless decision on the very point necessary, 163. may be unconstitutional in part, 177–181. instances of, 179–181. constitutional objection to, may be waived, 181. motives in passage of, not to be inquired into, 186, 187. consequence when invalid, 188. whether jury may pass upon, 336, n. retrospective, 369-383. construction of, to be such as to give effect, 184. presumption against conflict with Constitution, 185, 186. to be prospective, 370. contemporary and practical, 67-73. ex post facto, 264–272. (See Ex Post Facto LAWS.) STATUTES - continued. violating obligation of contracts, 273–294. (See OBLIGATION OF CONTRACTS.) unequal and partial, 389–397. of limitation, 364–367. of parliament, how far in force in America, 23, 24. are not vested rights, 383. strict construction of, 389-397. STAY LAWS, law taking from mortgagees right to possession invalid as to existing law extending time of redemption of lands previously sold is void, 291. stay of execution on existing demands for unreasonable or indefinite time STOCK IN CORPORATIONS, municipal subscriptions to, 119, 213–219. when liable for debts cannot be released by legislative act, 292. STREETS, power of cities, &c., to change grade of, 207.. special assessments for grading and paving, 505–508. assessment of labor upon, 512. exercise of right of eminent domain for, 533. and for materials for constructing, 526. when owner of land to receive compensation, 563, 564. appropriation of, for railways, 545-557. police regulations for use of, 588, 589. STRICT CONSTRUCTION, of laws in derogation of common law, 61, n. of statutes granting special privileges, 389–397. required in some States to be stated in title, 141–151. whether it is a delegation of legislative power, 116–125. corporate charters, &c., may be submitted, 118. and questions of divisions of towns, &c., 119. and questions of local subscriptions to improvements, 119. SUBSCRIPTIONS, to internal improvements by municipal corporations, 119, 213–219. 119. power of taxation to provide for, cannot be taken away, 292. power of parliament to change, 86. SUFFRAGE, SUIT, right of, in forming new constitutions, 28, 30, 34. restrictions upon, to be construed strictly, 394. constitutional qualifications for, not to be added to by legislature, 64. regulation of right of, 601, 602. (See ELECTIONS.) notification of, by publication, 403, 404. SUMPTUARY LAWS, odious character of, 385. SUNDAY, (See ACTION.) laws to prevent desecration of, how defended, 476, 477. SUPPORT, of children, liability of father for, 340. SUPREMACY OF PARLIAMENT, SUPREME LAW, Constitution, laws, and treaties of United States to be, 12. of a State, constitution to be, 2, 3. SUSPENSION OF LAWS, when authorized must be general, 391. for limitation of actions, 365, n. curing defective proceedings in, by retrospective legislation, 382, 383. what defects should avoid, 521. deeds given upon, may be made evidence of title, 367. conditions to redemption from, 369, n. TAXATION, (See TAXATION.) and representation to go together, 24, and n., 59, n., 117, n., 169. TAXATION - continued. exemptions from, by the States, when not repealable, 127, 280. must be by consent of the people, 117, n. license fees distinguished from, 201, 586, 587. by municipalities, power of legislature over, 118, n., 230-235. irregular may be confirmed by legislative, 379, n., 382. unlimited nature of power of, 479–485. of agencies of national government by the States impliedly forbidden, of agencies of the States by the national government also forbidden, of the subjects of commerce by the States, 485, 486, 586. discriminations in, as between citizens of different States, 487. taxing districts, necessity of, 495, 499. apportionment not always by values, 496, 501. assessments for local improvements, 497. benefits from the improvement may be taken into the account, 497, 505, 511. general provisions requiring taxation by value do not apply to these taxation of persons or property out of the district is void, 499, 500–504, must be uniform throughout the district, 502. local assessments may be made in proportion to frontage, 507. necessity for apportionment in such case, 508. special taxing districts for drains, levees, &c., 509, 510. taxation in labor for repair of roads, &c., 512. difficulty in making taxation always equal, 513. hardships of individual cases do not make it void, 513. legislature must select the objects of taxation, 514. exemptions of property from, 514, 515. constitutional provisions which preclude exemptions, 515, 516. special exemptions void, 515, n., 516. legislative authority must be shown for each particular tax, 517–520. the maxim de minimis lex non curat not applicable in tax proceedings, what defects and irregularities render tax sales void, 521, and n. control of former over latter, 341. TECHNICAL RULES OF CONSTRUCTION, danger of resorting to, 83, 84, and n., 61, n. |