CONSTRUCTION OF STATE CONSTITUTIONS, — continued. intent to be found in words employed, 55, and n., 57. whole instrument to be examined, 57, 59, n. words not to be supposed employed without occasion, 57, 58. irreconcilable provisions, 58, and n. general intent as opposed to particular intent, 58, and n. of art, to be understood in technical sense, 60. importance of the history of the law to, 59, 65. common law to be kept in view, 59-62. but not to control constitution, 61. whether provisions in derogation of, should be strictly construed, arbitrary rules of, dangerous, 59, 61, 62, 83. and especially inapplicable to constitutions, 58. same word presumed employed in same sense throughout, 62. this not a conclusive rule, 62. operation to be prospective, 62, 63. implied powers to carry into effect express powers, 63, 64. power granted in general terms is co-extensive with the terms, 64. when constitution prescribes conditions to a right, legislature cannot add mischief to be remedied, consideration of, 65. prior state of the law to be examined, 65. proceedings of constitutional convention may be consulted, 66. reasons why unsatisfactory, 66, 67. weight of contemporary and practical construction, 67. the argument ab inconvenienti, 67–70, 72, n. deference to construction by executive officers, 69. injustice of provisions will not render them void, 72, 73. authorities generally the other way, 82. CONSTRUCTION OF STATUTES, to be such as to give them effect, if possible, 184. directory and mandatory, 74-78. contemporary and practical, weight to be given to, 67-71. CONTEMPORANEOUS CONSTRUCTION, force and effect of, 67-71. CONTEMPTS, of the legislature, punishment of, 133–135. cannot be settled by statute, 96, 104, 105. legislative bodies to decide upon, 133. powers assumed and exercised by, 5-7. CONTINGENT LEGISLATION, authority of the States to adopt, 117, 121, n., 122, n. CONTRACTS, for lobby services, illegal, 136. to influence elections, are void, 615. cannot be made for individuals by legislative act, 369, and n. of municipal corporations ultra vires void, 196. COPYRIGHT, (See OBLIGATION OF CONTRACTS.) Congress may secure to authors, 10. CORPORATE CHARTERS, (See CHARTERS.) CORPORATE FRANCHISES, may be appropriated under right of eminent domain, 526. CORPORATE PROPERTY, legislative control of, 235. CORPORATIONS, private, may be authorized to take lands for public use, 536–538. (See CHARTERS; MUNICIPAL CORPORATIONS.) CORRESPONDENCE, private, inviolability of, 307, n. COUNSEL, constitutional right to, 330-338. oath of, 330, 331, n. duty of, 331, 335, 338, n. denial of, in England, 331-333. court to assign for poor persons, 334. whether those assigned may refuse to act, 334. privilege of, is the privilege of the client, 334, and n. independence of, 334, 335, n., 337, n. not at liberty to withdraw from cause, except by consent, 335. how far he may go in pressing for acquittal, 335, 336. duty of, as between the court and the prisoner, 335, n. whether to address the jury on the law, 336, 337. COUNSEL,- continued. limitation of client's control over, 338, and n. (See ATTORNEYS.) may be employed before legislative committees, 136, n. but not as lobbies, 136, n. not liable to action for what he may say in judicial proceedings, 442–445. not privileged in afterwards publishing his argument, if it contains injuri- newspaper publisher not justified in publishing speech of a criminal reflect- COUNTERFEITING, Congress may provide for punishment of, 10, 18. States also may punish, 18. COUNTIES AND TOWNS, difference from chartered incorporations, 240. COUNTY SEAT, change of, 384. COURTS, (See MUNICIPAL CORPORATIONS.) duty of, to refuse to execute unconstitutional laws, 71, n., 81, 82, 159, et seq. not to be directed by legislature in decisions, 94, 95. action of, not to be set aside by legislature, 95. must act by majorities, 96. not to be open on election days, 614. power to declare laws unconstitutional a delicate one, 159, 160. will not be exercised by bare quorum, 161. nor unless necessary, 163. nor on complaint of one not interested, 163, 164. nor of one who has assented, 164. will not declare laws void because solely of unjust provisions, 164–168. nor because conflicting with the spirit of the constitution, 171-174. special, for trial of rights of particular individuals, 392. of star chamber, 342. of high commission, 342. martial, 319, n. of the United States, to be created by Congress, 10. CREDIT, general powers of, 11. removal of causes to, from State courts, 12, 13. to follow State courts as to State law, 13, 14. to decide finally upon United States laws, &c., 12, 294. have no common-law jurisdiction, 19, 20. in what cases may issue writs of habeas corpus, 345, 346. bills of, 15. CREDITOR, control of debtor by, 341. CRIMES, legislative convictions of, prohibited, 15, 33, 259. ex post facto laws prohibited, 15, 33, 264. punishment of, by servitude, 299. search warrants for evidence of. (See SEARCHES AND SEIZURES.) presumption of innocence, 309, 311. right of accused party to bail, 309–311. prisoner refusing to plead, 311. trial to be speedy, 311, 312. and public, 312. and not inquisitorial, 313. prisoner's right to make statement, 313-318. confessions as evidence, 313–318. prisoner to be confronted with the witnesses, 318. exceptional cases, 318. to be by jury, 309, 319. jury must consist of twelve, 319. right to jury cannot be waived, 319. prisoner's right to challenges, 319. jury must be from vicinage, 319, 320. must unanimously concur in verdict, 320. judge not to express opinion upon the facts, 320. accused not to be twice put in jeopardy, 325–328. when nolle prosequi equivalent to acquittal, 327. oath of, 330, 331, n. duty of, 331, 335, 338, n. denial of, in England, 331-333. court to designate for poor persons, 334. whether one may refuse to act, 334. privilege of, is the privilege of the client, 334, and n. CRIMES, -continued. accusations of, are libellous, per se, 424-426. but privileged if made in course of judicial proceedings, 441, 444. CRITICISM, of works of art and literary productions is privileged, 457. but not the personal character of the author, 457. of public entertainments and sermons, 457, n. CROWN OF GREAT BRITAIN, succession to, may be changed by Parliament, 86. CRUEL AND UNUSUAL PUNISHMENTS, under State and municipal laws, 199. power of legislature to modify or abolish, 360, 361. of wards, apprentices, servants, and scholars, 340. of children by parents, 340, 348. of principal by his bail, 341. CUSTOMS, (See COMMON LAW; DUTIES AND IMPOSTS.) D. DAM, to obtain water power, condemnation of land for, 532, 534–536. erection of, across navigable waters by State authority, 593, 594. DAMAGES, in libel cases, increased by attempt at justification, 438. for property taken by the public, must be paid, 559. DAMNUM ABSQUE INJURIA, what consequentia injuries are, 384, 543. DEATH, common carriers may be made liable for causing, 581. DEBT, in Parliament, formerly not suffered to be published, 418. in American legislative bodies, publication of, 419, 420, 457, 460. (See FREEDOM OF SPEECH AND OF THE PRESS.) public, declared inviolable, 11. confederate, not to be assumed or paid, 11. |