SPECIAL JURISDICTION,

courts of, 406.

SPECIAL LAWS,

forbidden in certain States where general can be made applicable, 110,

111, n., 128, 129, n.

due process of law does not a'ways forbid, 389-397.

for sale o lands, &c., 97-106.

SPECIAL PRIVILEGES,

strict construction of, 389-397.

SPECIAL SESSIONS OF LEGISLATURE,

calling of, by the governor, 132, 155.

SPEECH, FREEDOM OF,

SPEECHES,

(See LIBERTY OF SPEECH AND Of the Press.)

of legislators, publication of, 457-460.

SPEED,

upon public highways, regulation of, 588, 589, 594.
SPEEDY TRIAL,

right of accused parties to, 311.

SPIRIT OF THE CONSTITUTION,

must be found in the words employed, 72, 73.
laws in supposed violation of, 171, 172.

STALLIONS,

prohibition of standing of, in public places, 596.

STAMP,

defence to contract based on the want of, may be taken away, 378.
cannot be required on process of State courts, 483.

definition of, 1.

sovereign, what is, 1.

distinguished from nation, 1.
limits to jurisdiction of, 2.

STATES OF THE UNION,

in what sense sovereign, 6.

always subject to a common government, 9.

suits between, in Federal courts, 11.

division of powers between, and the nation, 2.

not suable by individuals, 12.

powers prohibited to, 15, 16, 18.

faith to be given to public records of, 16, 17.

privileges and immunities of citizens of, 15, 16, 487.

agreements of, are inviolable, 275.

compacts between, are inviolable, 275.

STATE CONSTITUTIONS,

in existence when United States Constitution was formed, 21.
pre-existing laws, common and statutory, 21-25, 26, n.
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.
protection of personal rights by, 33, 35, 36.
unjust provisions, &c., must be enforced, 34.
what is generally to be expected in, 34.
are not the origin of individual rights, 36.

are presumed to have been drafted with care, 58.
are successors of English charters of liberty, 59, 60.
construction of, 38.

(See CONSTRUCTION OF STATE CONSTITUTIONS.)

STATE COURTS,

removal of causes from, to United States courts, 12, 13.
to decide finally questions of State law, 13, 14.

protection to personal liberty by, 294, n., 345.

STATE INDEBTEDNESS,

(See COURTS.)

prohibition of, will not prevent indebtedness by municipal corporations,
217-219.

STATEMENT,

of defendant in criminal case, right to make, and effect of, 313-318.
STATUS,

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.

to proceed in their own way in collecting information, 135.

journals of houses as evidence, 135, 136.

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.

STATUTES, - continued.

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.
effect where act broader than title, 148-150.

amendatory, 151, 152.

requirement that act amended be set forth at length, 151.
this not applicable to amendments by implication, 152.
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.
nor on complaint of party not interested, 163, 164.
nor solely because of unjust provisions, 164-168.
nor because violating fundamental principles, 169, 170.
nor because opposed to spirit of constitution, 171–177.
nor in any doubtful case, 182-186.

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.)

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.

STATUTORY PRIVILEGES,

are not vested rights, 383.

strict construction of, 389-397.

STAY LAWS,

law taking from mortgagees right to possession invalid as to existing
mortgages, 290.

law extending time of redemption of lands previously sold is void, 291.

STAY LAWS, - continued.

law shortening redemption void, 291.

stay of execution on existing demands for unreasonable or indefinite time
is void, 292.

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 charters, 195, 394.

of statutes granting special privileges, 389–397.
of statutes requiring gratuitous services, 393, 394.
of statutes taking property for public use, 528, 529.
SUBJECT OF STATUTE,

required in some States to be stated in title, 141–151.
SUBMITTING LAWS TO POPULAR VOTE,

whether it is a delegation of legislative power, 116–125.
authorities generally do not allow, 120.

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.
submitting questions of, to corporation is not delegating legislative power,
119.

power of taxation to provide for, cannot be taken away, 292.

SUCCESSION TO THE CROWN,

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.
who to exercise generally, 599.

regulation of right of, 601, 602.

(See ELECTIONS.)

notification of, by publication, 403, 404.

(See ACTION.)

SUMPTUARY LAWS,

odious character of, 385.

INDEX.

SUNDAY,

laws to prevent desecration of, how defended, 476, 477.
police regulations regarding, 596.

SUPPORT,

of children, liability of father for, 340.

lateral, of lands, right to, 543, n.
SUPREMACY OF PARLIAMENT,
extent of, 3, 4, 86-88, 259.

SUPREME LAW,

Constitution, laws, and treaties of United States to be, 12.
of a State, constitution to be, 2, 3.

TAX SALES,

(See TAXATION.)

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.
right of, compared with eminent domain, 559.

exemptions from, by the States, when not repealable, 127, 280.

can only be for public purposes, 129, 175, 487-495.

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.

reassessment of irregular, may be authorized, 209.

irregular may be confirmed by legislature, 379. n., 382.

necessary to the existence of government, 479.

unlimited nature of power of, 479–485.

of agencies of national government by the States impliedly forbidden,
480-483.