PRECIOUS METALS,

in the soil belong to sovereign authority, 524.
PRELIMINARY EXAMINATIONS,

of persons accused of crimes, 313.

publication of proceedings on, not privileged, 449.
PRESCRIPTIVE CORPORATIONS,

powers of, 197.

PRESENCE,

of prisoner at his trial, 319.

PRESIDENT,

powers and duties of, 11.

calling out the militia by, 41, n.

PRESS, LIBERTY OF,

(See LIBERTY OF SPEECH AND OF THE PRESS.)

PRESUMPTION,

of constitutionality of statutes, 168, 183.

of existence of corporation, 197.

of innocence of accused party, 309, 310.

of correctness of legislative motives, 186, 187, 208.
PRINCIPAL AND BAIL,

custody of principal by bail, 341.

PRINTED BALLOTS,

answer the requirement of written, 605, n.

PRIVATE CORPORATIONS,

distinguished from public, 279, 280, n.

charters of, are contracts, 279.

right to, is before constitutions, 37, 175, n., 354, n.

of municipal corporations, how far under legislative control, 235.
owners cannot be compelled to improve, 385, 532.

appropriating under right of eminent domain, 523.

trial of right to, 369, and n.

(See EMINENT DOMAIN; VESTEd Rights.)

PRIVATE ROADS,

cannot be laid out under right of eminent domain, 530, 531.
PRIVATE STATUTES,

not evidence against third parties, 96.

to authorize sales by guardians, &c., are constitutional, 97-106, 389.
PRIVIES,

estoppel of, by judgment, 48, 49.

PRIVILEGES,

of citizens of the several States, 15, 16, 487.

citizens not to be deprived of, 11, 294.

protection of, rests with the States, 294, n.

of legislators, 134, 135.

special, strict construction of, 389–397.
PRIVILEGED COMMUNICATIONS,
meaning of the term, 425.

PRIVILEGED COMMUNICATIONS, — continued.
when made in answer to inquiries, 425, 426.

between principal and agent, 426.

where parties sustain confidential relations, 426.

discussing measures or principles of government, 426-430.
criticising officers or candidates, 431-441.

made in the course of judicial proceedings, 441, 442.

made by counsel, 442–445.

by legislator to constituents, 457-460.

by client to counsel, 334.

PROCEEDINGS,

of constitutional convention may be looked to on questions of construction,
66, 67.

of legislative bodies, publication of, 418-420, 457–460.

PROFANITY,

in judicial proceedings, publication of, 449.
punishment of, 471–476.

PROFESSIONAL COMMUNICATIONS,

not to be disclosed, 334, and n.

PROFESSIONAL SERVICES,

to influence legislation cannot be contracted for, 136, n.

law requiring, without compensation, to be strictly construed, 393, 394.
(See COUNSEL.)

PROHIBITIONS ON THE STATES,

in the federal Constitution, 15, 18.

in forming or amending constitutions, 33.

PROHIBITORY LIQUOR LAWS,

constitutionality of, 582, 583.

PROPERTY,

qualification for suffrage, 599.

protection of, by fourteenth amendment, 11.

of municipal corporations, control of, 235.

(See EMINENT DOMAIN; PRIVATE PROPERTY; VESTED RIGHTS.)
PROROGUEMENT,

of the legislature by governor, 132.

PROSCRIPTION,

of persons, for their opinions, 390, 467–470.

PROSECUTING OFFICERS,

duty of, to treat accused parties with judicial fairness, 311, and n.
PROTECTION,

the equivalent for taxation, 559.

PROVISIONS,

regulations to prevent sale of unwholesome, 595.

PUBLIC CORPORATIONS,

PUBLIC DEBT,

(See MUNICIPAL CORPORATIONS.)

inviolability of, 11.

PUBLIC GOOD,

laws should have reference to, 117, n., 129.

PUBLIC GRANTS,

strict construction of, 394-396.

PUBLIC GROUNDS,

(See CHARTER; FRANCHISE.)

lands dedicated for, not to be put to other uses, 238, n.

PUBLIC TRIAL,

accused parties entitled to, 312.

not essential that everybody be allowed to attend, 312.

PUBLIC USE,

of property, what constitutes, 531.

PUBLICATION,

of statutes, 156-158.

(See EMINENT DOMAIN.)

of debates in Parliament formerly not suffered, 418.

of books, &c., censorship of, 417–419.

of debates in American legislative bodies, 419, 420.
of legislative speeches, 457-460.

of notice to non-resident parties, 403, 404.

(See LIBERTY OF SPEECH AND OF THE PRESS.)

PUBLISHERS OF NEWS,

not privileged in law, 451-457.

PUNISHMENTS,

what changes in, the legislature may make applicable to previous offences,
267-272.

of crimes by servitude, 299.

cruel and unsual, prohibited, 328–330.

must not exceed measure the law has prescribed, 330.

(See BILLS OF ATTAINDER; CRIMES; Ex Post Facto Laws.)

QUALIFICATIONS,

Q.

of officer or voter under constitution cannot be added to by legislature, 64.

of members of legislature to be determined by the two houses, 133.

of voter, inquiring into, on contested election, 627.

QUARANTINE,

regulations by the States, 581.

1

QUARTERING SOLDIERS,

in private houses in time of peace forbidden, 308.

QUORUM,

majority of, generally sufficient for passage of laws, 141.
of courts, must act by majorities, 96.

full court generally required on constitutional questions, 161, 162.

RACE,

R.

not to be a disqualification for suffrage, 11.

RAILROADS,

authorizing towns, &c., to subscribe to, is not delegating legislative power,
119.

whether such subscriptions may be made, 213–219.

appropriations of lands for, 533.

and of materials for constructing, 526.

and of lands for depot buildings, &c., 541.
corporations may take, 537, 538.

(See EMINENT DOMAIN.)

appropriation of highways for, 545–557.

must be legislative permission, 545.

whether adjoining owner entitled to compensation, 546–557.

police regulations in respect to, 573.

requiring corporations to fence track and pay for beasts killed, 579.
regulation of grade and crossings, 580.

provisions regarding alarms, 580.

responsibility for persons injured or killed, 580, 581.

bridges for, over navigable waters, 592.

READING OF BILLS,

constitutional provisions for, 80, 139, 140.

in statutes, not binding upon third parties, 96.

when they may be evidence, 96.

RECONSTRUCTION OF STATES,

control over, 34, n.

RECORDS,

public, of the States, full faith and credit to be given to, 15, 16.
judicial, not generally to be contradicted, 407.

(See JUDICIAL PROCEEDINGS.)

REDEMPTION,

right of, cannot be shortened or extended by legislature, 291.

REFUSAL TO PLEAD,

in criminal cases, consequence of, 311.

REGISTRATION,

of voters, may be required, 601.

REGULATION,

of commerce by Congress, 10, 581-587.
of navigable waters by Congress, 591.
police, by the States,

(See POLICE POWER.)

of the right of suffrage, 601, 602.

right of, does not imply a right to prohibit, 202, 203, n.

RELIGIOUS LIBERTY,

care taken by State constitutions to protect, 467–470.
distinguished from religious toleration, 467, and n.

does not preclude recognition of superintending Providence by public
authorities, 470, 471.

nor appointment of chaplains, thanksgiving and fast days, 471.

nor recognition that the prevailing religion of the State is Christian,
471.

the maxim that Christianity is part of the law of the land, 472-477.
punishment of blasphemy does not invade, 472-474.

or of other forms of profanity, 476.

Sunday laws, how justified, 476, 477.

respect for religious scruples, 477, 478.

religious belief, as affecting the competency or credibility of witnesses,

478.

power of legislature over, in criminal cases, 267-273.

in civil cases, 287-294, 361–367.

legislature cannot take away all remedy, 289.

may give new remedies, 361.

may limit resort to remedies, 364–367.

for compensation for property taken by public, 560, 561.

REMOVAL,

of causes from State to national courts, 12, 13.

REPEAL,

of old English statutes, 25, n., 26, n.

all laws subject to, 125-127.

of statutes at same session of passage, 152.

by implication, not favored, 152.

of a law, terminates right to give judgment under it, 381.

of laws conflicting with unconstitutional law, 186.

question of, not to be referred to the people, 123.

REPORTS,

of public meetings, 435.