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

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F. H. Thomas Law Book Company, 1900 - Antitrust law
 

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Contents

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
The United States government one of enumerated
50
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
CHAPTER III
74
CHAPTER IV
78
Bills of attainder
84
E 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
113
Right of appeal
116
Control over criminals in the penitentiary 43a Convict lease system
117
CHAPTER V
122
Prohibition of sales of game out of season 125 Prohibition of the liquor trade
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
128
Patents and copyrights how far monopolies
129
When ordinary occupations may be made exclusive monopolies
130
National State and municipal monopolies
131
Confinement of the insane
133
What is meant by private property in land ? 134 Regulation of estates Vested rights
134
Control of the insane in the asylum
135
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
Regulation of mines and mine products
148
Regulation of burial grounds
149
CHAPTER VI
165
Prohibition of possession of certain property 172 Regulation and prohibition of the manufacture of certain property
172
Carrying of concealed weapons probibited
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 indissoluble Divorce
190
Regulation of the marriage ceremony
191
Wife in legal subjection to the husband Its justification
192
Husbands control of wifes property
193
Legal disabilities of married women
194
Compulsory education
197
Terms master and servant defined
204
merce particularly in articles of merchandise
220
CHAPTER VIII
226
Period of hiring Breach or termination of labor
233
Legislative restraint of importations Protective
292
The inviolability of the charters of private cor
314
Industrial and corporate trusts as combinations
378
Different phases of the application of antitrust
410

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Page 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.
Page 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.
Page 82 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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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