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

Front Cover
Callaghan, 1917 - Administrative law - 988 pages
 

Contents

Websters famous definition of due process in 1819
58
Withers v BuckleyConflict of state law with state constitution
64
FIFTH AMENDMENT AND ITS CONSTRUCTION 17901866
71
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 S Rights of the sovereign to deport for
93
Talton v MayesFifth Amendment has no application to courts
99
Dreyer v IllinoisFormer jeopardy U S v Perez reviewed
109
The text of the Fifth Amendment
116
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
Hale v HenkelEffect of statutory immunity upon constitutional
144
Twining v New JerseyExemption from selfincrimination not
153
Oceanic Steam Nav Co v StranahanDue process and the
156
Wilson v U S 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
Chicago Alton R R v Tranbarger
180
99a Wilson U S Attorney v New and Ferris ReceiversEight HourLaw Case
182
ReviewPersistent and harmful influence of Murray v Hoboken Land and Improvement Co
186
CHAPTER IV
207
The eminent domain vested in Federal Government paramount
208
Paramount right of eminent domain limited by due process
209
104 The taking must be for a public use
211
Right of legislature to determine public use
212
What constitutes a taking
213
Necessity that justifies the taking
215
Necessity for compensation
217
What kind of property may be taken
218
As the question of compensation is a judicial one a competent tribunal necessary
219
Right of Congress to legislate against laches
221
PART II
223
CHAPTER V
225
The grand inquest in the Dred Scott Case
227
Section 1 of the Fourteenth Amendment and its scope
228
Question of birth as settled in U S v Wong Kim Ark
231
Aliens resident and nonresident
233
Right to due process in unincorporated territory
237
Right to due process in incorporated territory
239
A corporation a person within the meaning of Section 1
240
Two bulwarks against the unlawful or unequal exercise of state power
241
Due process clauses of Fifth and Fourteenth Amendments should receive identical construction
243
Only national citizenship as such protected against state action by the due process clause of Section 1
244
CHAPTER VI
249
The guaranty in American law
251
Supreme Court of the United States as a supervising and annul ling tribunal
257
When maximum intrastate rates are confiscatory and deny carriers
259
Congress as a protecting and enforcing body
266
Due process the common heritage of all the states
270
Notable attempts to define due process
274
Difficulties in the way of a complete and authoritative definition The rule of inclusion and exclusion
284
Fundamental requisites of due processNotice
286
Fundamental requisites of due processHearing
292
Fundamental requisites of due processGenerality and equality of laws
297
Fundamental requisites of due processJurisdiction
307
CHAPTER VII
312
Necessity of service to validity of judgment
314
Curing lack of notice or service by appearance
316
Jurisdiction over nonresident persons
318
Jurisdiction over nonresident corporations
319
Proceedings in rem
321
Divorce proceedings strictly speaking neither in rem nor in personam
323
When judgments are subject to collateral attack
332
CHAPTER VIII
336
Extension of parliamentary control over the colonies
337
Constitutional limitations an American invention
338
Nature and extent of limitations on state taxing powerExemp tion of governmental agencies
339
Federal power to regulate interstate commerce not to be hampered by state taxation
340
State can only tax property within its jurisdiction
341
Taxation of corporate property situated in several states
342
151a Due process not denied by state statute imposing annual fran chise tax on a consolidated railway corporation
343
Taxation of tangible personal property
344
Taxation of intangible personal property
347
Exemptions from taxation strictly construed
349
Legislature may act directly or delegate functions to local
356
Notice and hearing in tax proceedings
364
Residuum of taxing power remaining in the state
371
CHAPTER IX
377
Henderson Bridge Co v HendersonIt must clearly appear that
384
Ettor v TacomaWhen a vested right is protected against
390
CHAPTER X
395
179 The typical English state in America
396
The police power as defined by American jurists and text writers
397
Delegation of police power to municipalities
400
Reasonableness as a limitation on the police power
401
Vested rights as a limitation on police power
403
184 The right of forfeiture
404
Limitations on the enjoyment of property
405
186 Property or business clothed with a public interest
407
Interstate Commerce Act and the common law
410
Reasonableness of rates and the delegation of legislative power
411
Elements involved in the reasonableness of rates
413
Recent cases on the subject of rates and due process
416
Police power to promote public convenience
419
Police power and the exclusion of suicide as a defense on policies of insurance
420
Due process not infringed by limitation on hours of labor of women
421
Due process and the prohibition of exportation of Philippine coin
422
Forbidding burial within city limits
423
Due process not denied by Michigan SalesinBulk Act
424
Creation of depositors guaranty fund valid exercise of police power
425
Due process not denied by ordinance prohibiting the use of ad vertising trucks or vans
426
Due process not denied by ordinance prohibiting billiard or pool rooms
427
Due process not denied by prohibition of local sales of malt liquors whether intoxicants or not
428
Due process not denied by ordinance regulating size of loaves of bread
429
Due process not denied by ordinance requiring installation of waterclosets under certain conditions
430
Due process not denied by ordinance concerning milk not subjected to tuberculin test
431
Due process not denied by state law regulating barrier pillars between adjoining coal properties
432
Constitutional exercise of the police power in reference to deposi
433
Unequal assessment of franchises and other property of certain
436
Due process not denied by statute requiring full switching crews
439
Development of the idea of vested rights advanced by con
445
222 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
A state may take away the property of an absentee under certain
471
Due process denied by exaction of double liability for failure
477
Due process denied by prohibiting the letting down of an unen
483
Due process denied a foreign corporation by a money judgment
485
The word liberty as defined in federal law
491
Freedom of contract not infringed by a state law preventing
497
Freedom of contract not interfered with by needful regulation
503
Freedom of contract not infringed by state law forbidding
509
Freedom of contract not infringed by the socalled Ohio
516
When exemption from suit by the ending of complete statutory
523
CHAPTER XIV
532
A person accused of felony necessarily present during entire
538
The struggle to leave the states untrammeled as far as possible
543
Exemption from compulsory selfincrimination in state courts
550
Right of the accused to be present in a state court at every stage
556
Duty of an accused person to exhaust all of his remedies in
562
Dissenting opinion of Justices Holmes and Hughes
569
CHAPTER XVI
578
Right to notice and hearing in indirect or civil contempts
585
THE EQUAL PROTECTION OF THE LAWS AS A LIMITATION ON STATE POWER
593
CHAPTER XVII
595
Denial to colored persons of the right to act as jurors
596
Equal protection of laws to colored raceRight to mixed juries
597
Exclusion of juror on account of color
600
Law excluding jurors on account of race or color
602
Setting aside panel of jurorsDiscriminating against citizens of African descent
603
State statute requiring separate accommodations for white and colored persons in railway coaches
604
Discrimination against colored children
605
Negroes as grand jurors
606
Negroes as jurors
607
Right of women to practise law in state courts
608
CHAPTER XVIII
611
Tax on corporate securities
612
Tax on business of an express company
613
Legacy and inheritance taxes
614
Penalty for nonpayment of taxes
617
State tax law as to banks constitutional
618
Forfeiting lands for nonpayment of taxes
619
Discrimination in taxes as a denial of the equal protection of the laws
620
License tax on emigrant agents
622
Tax on corporations
623
Succession taxes
624
Income tax on mining companies
625
Taxation of corporate franchise
626
Taxation of street railways
627
Tax on special franchises
628
Validity of state inheritance tax
629
State taxation of meatpacking houses
632
Validity of stock transfer tax
634
364 Taxation of spirits in bond
635
Occupation tax
636
379 Excise tax imposed on gross earnings of railway companies
645
Discrimination in license tax
646
Trading stamps and premium coupons discriminations against not in violation of equal protection clause
647
382a State taxation of consolidated railway company
648
CHAPTER XIX
650
384 City ordinance as to railroad
651
Valuation and taxation of railroad property
652
Liability to employee for negligence of fellow servant under Iowa statute
653
Liabilities of railroad companies to employees
654
Liability of railroad company for omission to fence its road
655
Reasonableness of railroad rates
656
390 Assessing railroads to meet expenses of state railroad commission
657
Taxation of railroadsLaw of Georgia
658
Requiring railroad companies to bear entire expense of abolishing grade crossings
660
Remedy for property injured by construction of a railroad
661
Unjust and unreasonable railroad rates
662
Kansas law as to liability of railroads for personal injuries
663
396 Statute requiring heating of railroad cars by stoves
664
Damages for running railroad across street
665
State act as to railroad companys paying their employees
667
Fires set by railroad locomotives
668
Statute changing fellow servant rule in case of railroad employees
669
Exceptions to ordinance regulating speed of trains by city
670
Charging more for shorter than for longer haul
672
Validity of order requiring safety appliances at grade crossings
673
Discriminating against railway companies
674
Legislative abrogation of fellow servant rule
675
Imposing expense on railway company for draining private lands
676
Classifying railway mail clerks with railway employees
677
Excessive penalties for violation of the provisions of a statute
678
Classification of railway employees
680
Requiring full train crew
681
Requiring full switching crewExcessive penalties
683
Abolishing fellow servant rule
684
Federal employers liability act
685
Comparative negligence in injuries to railway employees
686
420 Classification of railroads for rate regulation
687
Judicial review of rate regulation
688
Requiring carrier to accept reshipments in cars of other carrier
689
Taxation of foreign railway company
691
Requiring railroads to provide drainage for water contrary to common law rule
692
427a Requiring railway company to remove noxious weeds
694
CHAPTER XX
696
Statute applicable to fire insurance only
697
Statute as to effect of false answers by applicant for life insurance
698
State antitrust laws
699
Discrimination against dealers in articles manufactured from produce of another state
700
Validity of Texas antitrust law
701
Appointing state auditor to accept service on corporation
702
Requiring corporations alone to produce books and paper
703
438 State regulation of telegraph companies
704
440 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
453 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
459 Registration law discriminating between citizens
726
Classification of elevators and warehouses
727
461 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
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
Unclaimed savings bank deposits
741
Regulating assignments of future earnings
742
Regulating cancellation of land contracts
743
Discrimination in fee for auction license
744
Municipal license tax based on classification
745
Municipal waterworks competition
746
Forbidding sale of food preservatives containing boric acid
747
State antitrust laws
748
Redemption of store orders in money
749
Abolishing Greek letter fraternities in state universities
750
Requiring washhouses for coal miners
751
Discrimination between county and city in disposition of tax penalties
752
Discrimination against aliens
753
Discrimination against foreign labor on public works
755
Regulating innkeepers duty in case of fire
756
Workmens compensation act
757
Regulating net weight of packages of lard
758
CHAPTER XXII
760
City ordinances as to public laundries when valid
762
Drainage law of New Jersey not unconstitutional
763
Regulation of laundry business
764
Oleomargarine law
765
When servitude attaches to lands
766
Utah statute as to damages by cattle
767
Requiring five towns to maintain a bridge and highway
768
Ordinance as to license for sale of cigarettes
769
Validity of state statute restricting sale and manufacture of oleomargarine
770
Validity of mining inspection law
771
Livestock quarantine
772
Sale of stocks on margin
773
Eighthour law
774
Compulsory vaccination
775
Municipal ordinance against visiting barricaded gambling rooms
776
Municipal regulation of milk business
777
Restrictions on sheep grazing
778
Regulating admission to places of public amusement
779
State protection of the national flag
780
Imposing responsibility on mine owners for defaults of certain employees
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
529 Regulating entries in coal mines
791
Employment of minors in hazardous occupations
792
Prohibiting sales by itinerant vendors
793
Prescription
794
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
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
Sufficiency of indictment
826
Denial of right of reviewAlien juror
827
Adjudging a prosecutor to be liable for costs
828
When equal protection of the laws not denied
829
Constitutionality of struck jury law
830
Additional punishment on third conviction
831
Presumption of guilt from possession of gambling paraphernalia Effect of exception in favor of public officers
832
Local regulations for the selection of jurors
833
Error of trial court in discharging a juror
834
Discrimination in matter of grand jury
835
Difference of procedure against corporations
836
Appeal by government in criminal case
837
Quo warranto
838
Punishing habitual criminals
839
Attachment of property of nonresident
840
Raising federal question on second trial
841
99
846
Scranton v WheelerRiparian owner deprived of access to navi
856
Hanover National Bank v MoysesBankruptcy Act of July
880
Copyright

Other editions - View all

Common terms and phrases

Popular passages

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.

Bibliographic information