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POLICE POWER, continued.

regulation by States of use of highways, 734.
owners of urban property may be required to build sidewalks, 734.
construction of levees on river fronts, 741.
control of navigable waters by States, 735.

restrictions on this control, 737.
monopolies not to be granted, 738.
States may improve and charge tolls, 738.
may authorize bridges, 738.

when these bridges to be abated, 739.
may establish ferries, 740.
may authorize dams, 740.

when the dams may be abated, 740.
may regulate speed of vessels, 740, 741.
regulations of civil rights and privileges, 742.
regulations of business charges, 742.
other cases of police regulations, 746.
destruction of property to prevent spread of fire, 747.
establishment of fire limits, wharf lines, &c., 747.
regulations respecting gunpowder, poisons, dogs, unwholesome provisions,

&c., 748.
regulations for protection of public morals, 748.
market regulations, 749.

probibited act or omission may be made criminal, 750.
POLICE REGULATIONS,
power to establish, may be conferred on municipal corporations, 148–152.

(See Police POWER.)
POLICE REPORTS,

publication of, 560.
POLITICAL OPINIONS,

citizens not to be proscribed for, 489.
POLITICAL POWER,

distinguished from judicial, 122, n.
POLITICAL RIGHTS,

equality of, 488, 489, 580-585.
POPULAR RIGHTS,

not measured by constitutions, 45-47.
POPULAR VOTE,
submission of laws to, not generally allowable, 141.

(See ELECTIONS.)
POPULAR WILL,

expression of, as to amendment of constitutions, 41.
must be obtained under forms of law, 751.

(See ELECTIONS.)
POSSESSION,

importance of, in limitation laws, 455, 456.
POST-OFFICES,

and post-roads, Congress may establish, 11.

inviolability of correspondence through, 376, n.
POWDER,

police regulations concerning storage of, 748.

POWERS,

of government, apportionment of, by State constitutions, 42-46.
of Congress, 11, 12.
of State legislatures, 104-157.

(See JUDICIAL POWER; LEGISLATIVE POWERS )
PRACTICAL CONSTRUCTION,

weight to be given to, 81-86.

not to override the Constitution, 86.
PRECEDENTS,

importance of, 61, 62.
judicial, how far binding, 61-66.
law made by, 69, 70, n.
only authoritative within country where decided, 63, 64.
when to be overruled, 65.

of executive department, force of, 81–86.
PRECIOUS METALS,

in the soil belong to sovereign authority, 651.
PRELIMINARY EXAMINATIONS,

of persons accused of crimes, 384.

publication of proceedings on, not privileged, 560.
PRESCRIPTIVE CORPORATIONS,

powers of, 239.
PRESENCE,

of prisoner at his trial, 393.
PRESIDENT,

powers and duties of, 14.

calling out the militia by, 52, n.
PRESS, LIBERTY OF,

(See LIBERTY OF SPEECH AND OF THE Press.)
PRESUMPTION,

of constitutionality of statutes, 204, 221.
of existence of corporation, 239.
of innocence of accused party, 379, 380.

of correctness of legislative motives, 225, 254.
PRICES,

regulation of, 742.
PRINCIPAL AND BAIL,

custody of principal by bail, 422.
PRINTED BALLOTS,

answer the requirement of written, 761, n.
PRIVATE BUSINESS,

taxation to aid, 265, 266, n.
PRIVATE CORPORATIONS,

distinguished from public, 341, n.

charters of, are contracts, 340.
PRIVATE PAPERS,

(See Papers.)
PRIVATE PROPERTY,

right to, is before constitutions, 47, 212, n., 439, n.
of municipal corporations, how far under legislative control, 289, 290.
when affected with a public interest, 742–746.

PRIVATE PROPERTY, - continued.

owners cannot be compelled to improve, 483, 664.
appropriating under right of eminent domain, 650.
trial of right to, 459.
protection of, against municipal action, 247.

(See EMINENT DOMAIN; VESTED Rights.)
PRIVATE ROADS,

cannot be laid out under right of eminent domain, 661.
PRIVATE STATUTES,

not evidence against third parties, 118.

to authorize sales by guardians, &c., are constitutional, 118–129, 488.
PRIVIES,

estoppel of, by judgment, 60.
PRIVILEGED COMMUNICATIONS,

meaning of the term, 532.
when made in answer to inquiries, 533, 534.
between principal and agent, 534.
where parties sustain confidential relations, 531.
discussing measures or principles of government, 534-538.
criticising officers or candidates, 539-551.
made in the course of judicial proceedings, 551-553.
made by counsel, 553–556.
by legislator to constituents, 569–572.

by client to counsel, 413.
PRIVILEGES,

of citizens of the several States, 20-22, 606, 607.
citizens not to be deprived of, 13, 361.
protection of, rests with the States, 361, n., 742.
of legislators, 163.
special, strict construction of, 488–497.

regulation of, 742.
PROCEEDINGS,

of constitutional convention may be looked to on questions of construction,

80, 81.

of legislative bodies, publication of, 523-525, 569-572.
PROFANITY,

in judicial proceedings, publication of, 560.

punishment of, 588–593.
PROFESSIONAL COMMUNICATIONS,

not to be disclosed, 413.
PROFESSIONAL SERVICES,

to influence legislation cannot be contracted for, 166, n.
law requiring, without compensation, to be strictly construed, 494.

(See COUNSEL.)
PROHIBITIONS ON THE STATES,

in the federal Constitution, 19–25.

in forming or amending constitutions, 41, 42.
PROHIBITORY LIQUOR LAWS,

constitutionality of, 727.
PROPERTY,

qualification for suffrage, 753.

PROPERTY, – continued.

protection of, by fourteenth amendment, 13.
of municipal corporations, control of, 289, 290.

(See Eminent Domain; PrivaTE PROPERTY; VESTED Rights.)
PROROGUEMENT,

of the legislature by governor, 160.
PROSCRIPTION,

of persons, for their opinions, 489, 580-585.
PROSECUTING OFFICERS,

duty of, to treat accused parties with judicial fairness, 382 and n., 417, 418.
PROTECTION,

the equivalent for taxation, 699.
PROVISIONS,

regulations to prevent sale of unwholesome, 748.
PUBLIC CORPORATIONS,

(See MUNICIPAL CORPORATIONS.)
PUBLIC DEBT,

inviolability of, 13.
PUBLIC GOOD,

laws should have reference to, 141, 142, n., 156.
PUBLIC GRANTS,
strict construction of, 495.

(See CHARTER; Franchise.)
PUBLIC GROUNDS,

lands dedicated for, not to be put to other uses, 292, n.
PUBLIC INTEREST,

when property affected with, 742–746.
PUBLIC MORALS,
regulations for protection of, 748, 749.

(See RELIGIOUS LIBERTY.)
PUBLIC OFFICERS,

(See OFFICER.)
PUBLIC OPINION,

not to affect construction of constitution, 67.

expression of, by elections, 751, 752.
PUBLIC PURPOSES,
appropriation of property for, 650.

(See Eminent Domain.)
PUBLIC STATUTES,

what are, 488.
PUBLIC TRIAL,

accused parties entitled to, 383.

not essential that everybody be allowed to attend, 383.
PUBLIC USE,
of property, what constitutes, 663.

(See EMINENT DOMAIN.)
PUBLICATION,

of statutes, 190–193.
of debates in Parliament formerly not suffered, 523.
of books, &c., censorship of, 522-524.

PUBLICATION, continued.

of debates in American legislative bodies, 524, 525.
of legislative speeches, 569–572.
of judicial proceedings, 559-562.
of notice to non-resident parties, 504-507.

(See LIBERTY OF SPEECH AND OF THE PRESS.)
PUBLISHERS OF NEWS,

not privileged in law, 563–569.
PUNISHMENTS,

what changes in, the legislature may make applicable to previous offences,

325-331.
of crimes by servitude, 366, 367.
cruel and unusual, prohibited, 406,408.
must not exceed measure the law has prescribed, 408.

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

Q.
QUALIFICATIONS,

of officer or voter under constitution cannot be added to by legislature, 78.
of members of legislature to be determined by the two houses, 161.

of voter, inquiring into, on contested election, 791.
QUARANTINE,

regulations by the States, 729.
QUARTERING SOLDIERS,

in private houses in time of peace forbidden, 378.
QUASI CORPORATIONS, 295.
QUORUM,

majority of, generally sufficient for passage of laws, 171.
of courts, must act by majorities, 117.
full court generally required on constitutional questions, 197.

R.
RACE,

not to be a disqualification for suffrage, 13.

marriages between persons of different, 490, n.
RAILROADS,

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

144.
whether such subscriptions may be made, 260–272.
appropriations of lands for, 665.

and of materials for constructing, 654.
and of lands for depot buildings, &c., 676.
corporations may take, 671.

(See EMINENT DOMAIN.)
appropriation of highways for, 681-68+.

must be legislative permission, 681.

whether adjoining owner entitled to compensation, 682.
police regulations in respect to, 714-725.

requiring corporations to fence track and pay for beasts killed, 722.

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