A Treatise on State and Federal Control of Persons and Property in the United States: Considered from Both a Civil and Criminal Standpoint, Հատոր 1

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F. H. Thomas Law Book Company, 1900
 

Բովանդակություն

Security to limb and body
28
Corporal punishment
29
Personal chastisement in certain relations 15 Battery in selfdefense
30
Abortion
36
Compulsory submission to surgical and medical treatment
37
Security to health Legalized nuisances 19 Security to reputation Privileged communications 20 Privilege of legislators
42
Privilege in judicial proceedings
51
Criticism of officers and candidates for office
53
Publications through the press
61
Security to reputation Malicious prosecution
69
Advice of counsel How far a defense
73
Personal liberty How guaranteed
74
CHAPTER IV
78
Bills of attainder
84
General propositions
86
Ex post facto
87
Cruel and unusual punishment in forfeiture of per sonal liberty and rights of property
92
Preliminary confinement to answer for a crime
95
What constitutes a lawful arrest
97
Arrest without warrant
99
The trial of the accused
101
The trial must be speedy
103
The trial must be public
104
Accused entitled to counsel
107
Indictment by grand jury or by information
108
The plea of defendant
111
Trial by jury Legal jeopardy
112
Right of appeal
116
Control over criminals in the penitentiary 43a Convict lease system
117
Laws regulating rates and charges of corporations 213 Regulation of foreign corporations 214 Regulation of railroads
118
CHAPTER V
122
Confinement of the insane
125
Police control of employments in respect to local
126
Monopolies General propositions
127
Monopolies and exclusive franchises in the case of railroads bridges ferries street railways gas water lighting telephone and telegraph com panies
128
Patents and copyrights how far monopolies
129
When ordinary occupations may be made exclusive monopolies
130
National State and municipal monopolies
131
What is meant by private property in land? 134 Regulation of estatesVested rights
134
Control of the insane in the asylum
135
Limitation of the right of acquisition
136
Punishment of the criminal insane
137
Involuntary alienation
138
Eminent domain
139
Exercise of power regulated by legislature
140
Public purpose what is
141
What property may be taken
142
What constitutes a taking
143
Compensation how ascertained
144
Regulation of the use of lands What is a nui sance?
145
What is a nuisance a judicial question
146
Regulation of unwholesome and objectionable trades
147
Carrying of concealed weapons prohibited
173
Miscellaneous regulations of the use of personal
174
Laws regulating the use and keeping of domestic animals
175
Keeping of dogs
176
Laws for the prevention of cruelty to animals
177
Regulation of contracts and other rights of action
178
CHAPTER VII
179
Constitutional limitations upon the police control of marriages
181
Distinction between natural capacity and legal capacity
182
Insanity as a legal incapacity
183
The disability of infancy in respect to marriage
184
Consanguinity and affinity
185
Constitutional diseases
186
Financial condition Poverty
187
Differences in race Miscegenation
188
Polygamy prohibited Marriage confined to monogamy
189
Marriage indissolubleDivorce
190
Regulation of the marriage ceremony
191
Wife in legal subjection to the husbandIts justification
192
Husbands control of wifes property
193
Legal disabilities of married women
194
Terms master and servant defined
204
Police power generally resides in the States
216
Regulations affecting interstate commerce
217
License tax upon drummers and peddlers
218
Taxation of interstate commerce
219
State regulation and prohibition of interstate com merce particularly in articles of merchandise
220
State regulation of railroads and other common carriers and of their business when an interfer ence with interstate commerce
221
The jurisdiction of antitrust laws national and State as affected by the interstate commerce clause
222
Control of navigable streams
223
Regulation of harborsPilotage laws
224
National and State quarantine laws
225
CHAPTER VIII
226
Counterfeiting of coins and currencies
227
Regulation of the sale of patented articles
228
War and rebellion
229
Regulation of the militia
230
Taxation
231
Regulation of offenses against the laws of nations
232
Free coinage of silver and the legal tender
233
Compulsory formation of business relations
297
Regulation of prices and charges
303
Later cases on regulating prices and charges
309
CHAPTER XV
314
Police regulation of the labor contract
315
Regulation of wages of workmen continued Time
321
The inviolability of the charters of private cor
324
Prohibition of employment of aliens Exportation
330
Regulations of factories mines and workshops
339
Different phases of the application of antitrust
410
public policy
478

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Common terms and phrases

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Էջ 313 - ... with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses are all matters for consideration and are to be given such weight as may be just and right in each case. We do not say that there may not be other matters to be regarded in estimating the value of the property.
Էջ 83 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Էջ 82 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Էջ 304 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes bis property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Էջ 304 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Էջ 198 - In this country the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine which does not violate the laws of morality and property, and which does not infringe personal rights, is conceded to all. The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.
Էջ 3 - The police of a State, in a comprehensive sense, embraces its whole system of internal regulation, by which the State seeks, not only to preserve the public order, and to prevent offenses against the State, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights...
Էջ 16 - All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Էջ 14 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Էջ 168 - That any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government.

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