Due Process of Law and the Equal Protection of the Laws: A Treatise Based, in the Main, on the Cases in which the Supreme Court of the United States Has Granted Or Denied Relief Upon the One Ground Or the Other

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Callaghan, 1917 - Administratieve organen - 988 pages
 

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Contents

Murray v Hoboken Land Co Due process defined
62
Ex parte McCardleMilitary commission habeas corpus
69
U S ex rel v Delaware H Co Due process and the commo
75
Boyd v U S Kinship of Fourth and Fifth Amendments
79
Simmons v U S Right of judge to discharge jury during trial
85
Fong Yue Ting v U 8 Rights of the sovereign to deport for
93
Talton v MayesFifth Amendment has no application to courts
99
Hanover National Bank v MoysesBankruptcy Act of July
107
U S v LynchLiability under Fifth Amendment for land taken
113
Rassmussen v U S Incorporation of Alaska with the United
123
Adams v New YorkDue process and the admission of evidence
131
Shepard v BarronWhen estoppel to contest constitutionality
138
69 Hale v HenkelEffect of statutory immunity upon constitutional
144
Adair v U S Due process as a limitation upon power of Con
150
Oceanic Steam Nav Co v StranahanDue process and the
156
Wilson v U 8 Privilege against selfincrimination when
162
Ochoa v HermandezDue process denied by order of military
168
U S v Atchison T S F R Co Act of February 4 1887
174
PAGE
179
Williams v Johnson
181
99a Wilson U S Attorney v New and Ferris ReceiversEight
182
CHAPTER IV
207
What constitutes a taking
213
As the question of compensation is a judicial one a competent
219
POWER
225
117 Question of birth as settled in U 8 v Wong Kim Ark
231
Right to due process in unincorporated territory
237
Only national citizenship as such protected against state action
244
GENERAL SCOPE OF THE GUARANTY OF DUE PROCESS
249
Congress as a protecting and enforcing body
266
Fundamental requisites of due processHearing
292
CHAPTER VII
312
Jurisdiction over nonresident corporations
319
When judgments are subject to collateral attack
332
State can only tax property within its jurisdiction
341
Taxation of intangible personal property 247
347
Exemptions from taxation strictly construed
349
thorities
356
Notice and hearing in tax proceedings
364
Residuum of taxing power remaining in the state
371
CHAPTER IX
377
tions
383
Noble State Bank v HaskellUse really public when judged
389
STATE POLICE POWER AND DUE PROCESS
395
Property or business clothed with a public interest
407
Police power to promote public convenience
419
Due process not denied by ordinance prohibiting the use of
426
Due process not denied by state law regulating barrier pillars
432
Constitutional exercise of the police power in reference to deposi
433
213 Due process not denied by statute requiring full switching crews
439
CHAPTER XVII
443
stitutional limitations on legislative power
445
The Fifth Amendment
451
Curative legislation
457
How the outstanding shares of an owner of stock may be con
463
Right to compel abutting owner of dwelling house to connect
465
Creek freedmen by blood whose names had been duly entered
472
Right to alter charters cannot be so exercised as to take property
482
When maximum intrastate rates are confiscatory and deny carriers
485
The word liberty as defined in federal law
491
Freedom of contract not destroyed by regulating distribution
498
No unwarranted interference with freedom of contract in Section
504
Freedom of contract denied by application of nonforfeiture
511
CHAPTER XIII
519
Qualifications of the foregoing rule
527
LIFE AND LIBERTY AS PROTECTED BY DUE PROCESSPROCEDURE IN CRIMINAL
532
Federal right to indictment by grand jury in criminal cases
534
CASES IN STATE COURTS
541
Right of a state to provide for a trial by a struck jury
547
Due process not denied because no arrangement or plea was
554
Duty of an accused person to exhaust all of his remedies in
562
Dissenting opinion of Justices Holmes and Hughes
569
CHAPTER XVI
578
Consequence of a lack of jurisdiction
588
FIRST INTERPRETATION OF THE CLAUSE
595
Setting aside panel of jurorsDiscriminating against citizens
603
CHAPTER XVIII
611
Penalty for nonpayment of taxes
617
Income tax on mining companies
625
Validity of state inheritance tax
629
Comparative negligence in injuries to railway employees
686
Requiring railroads to provide drainage for water contrary
692
Discrimination against dealers in articles manufactured from
700
corporations
702
Requiring corporations alone to produce books and paper
703
State regulation of telegraph companies
704
Exempting Farmers mutual insurance companies from statute regulating fire insurance rates
705
Forfeiture of charter of corporation for failure to file affidavit of innocence not required of individuals
706
License tax on foreign corporation
707
State restrictions on foreign corporations
708
Corporation when not within jurisdiction of state
709
Right to attach nonresidents property
711
Discrimination against nonresident creditors of foreign corpo rations
712
Taxation of nonresident stockholders
713
Taxation of stock of foreign railroads
714
State taxation of local managers of foreign packing houses
716
Notice to nonresidentsValidity of tax sales
717
Discrimination between residents and nonresidents
718
Taxing shares of foreign corporations
720
Franchise tax on foreign corporation
721
Excluding foreign insurance company
722
CHAPTER XXI
725
Registration law discriminating between citizens
726
Classification of elevators and warehouses
727
Classification of merchants
728
Discrimination against nonproducing venders of milk
729
Requiring labels on mixed paints to show ingredients
730
Classification of coal mines by number of men employed
731
Classification between corporations and individualsCompulsory production of testimony
732
Discrimination in building regulations
734
Registration of physicians
735
Exempting banks and trust companies and bona fide mortgages from state usury law
736
469 Creating bank depositors guaranty fund
737
Penalizing insurance company connected with tariff association
738
Prohibiting waste of mineral waters
739
Advertising wagons on city streets
740
State antitrust laws
748
Discrimination against foreign labor on public works
755
City ordinances as to public laundries when valid
762
Requiring five towns to maintain a bridge and highway
768
Municipal ordinance against visiting barricaded gambling rooms
776
Laws to prevent dealing in futures
777
Restrictions on sheep grazing
778
Regulating admission to places of public amusement
779
State protection of the national flag
780
employees 781
781
State regulation of the sale of patented articles
782
Prohibiting diverting water beyond state
784
Regulating sales in bulk
785
Prohibiting drumming on carriers premises
786
Prohibiting billiard or pool rooms
787
Requiring connection with sewer system
788
Milk ordinance requiring tuberculin test for dairy cattle
789
Guarding open shafts
790
Regulating entries in coal mines
791
Employment of minors in hazardous occupations
792
Prohibiting sales by itinerant vendors
793
534Prescription
794
536 Workmens compensation law
795
Eighthour law for women employed in hotels
796
Classification of women employeesHours of labor
798
Control of liquor traffic
799
Imposing attorneys fees and penalties
803
Certain penalties imposed on common carriers for failure to settle claims 888
809
Excessive penalties
812
545 Statute limiting charges of stockyards companies
814
Municipal regulation of telephone rates
816
546a Regulating private detectives
817
546b Regulating percentage of butter fat in ice cream
818
546c State regulation of motor vehicles
819
CHAPTER XXIII
820
Tax titles
821
549 Number of peremptory challenges in criminal cases
822
Laws operating on all alike
823
Error in charge to jury
824
Power of state to make classifications
825
Additional punishment on third conviction
831
Appeal by government in criminal case
837
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Page 57 - 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. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.
Page 440 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties...
Page 364 - All subjects over which the sovereign power of a State extends are objects of taxation ; but those over which it does not extend are, upon the soundest principles, exempt from taxation.
Page 600 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 596 - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.
Page 149 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
Page 713 - ... undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...
Page 753 - ... within the meaning of .the Fourteenth Amendment of the Constitution of the United States.
Page 597 - Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
Page ix - No freeman shall be arrested or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested, and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.

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