(see

Constitutionality of statutes
also infra, Statutes)
rule of construction, 26-35
Constitution as entire instrument, 15
Construction of constitution, 9
Contempt, notice and hearing, 135
Contracts (see also infra, Freedom
of contract)

validation by statute, 147
Convenience as influencing constitu-
tional construction, 14
Convention, proceedings of, as aid to
interpretation, 22

Convicts, see infra, Prisons and
prisoners

Corporations (see also infra, Public
service corporations)
actions by and against, 489
aid for state prohibited, 493
amendment of charters, 480
changing character of corporation,
485

charters continued in force, 198
charter distinguished from fran-
chise, 483

charters subject to repeal and
amendment, 480-488
compulsory dissolution, 116
consolidation as exceptional but
not exclusive privilege, 342
contract with employees not to
join labor union, 484

de facto corporation exercising
power of eminent domain, 154
exemption from statutory restric-

tion as exclusive privilege, 342
franchise as property, 167
general incorporation laws, 479
governmental powers conferred on
corporation, 542

indirect amendment, 486

jury trial to compel transfer of
stock, 61

limitation on amount of business,
484

due process of law in imposition of
costs, 142

retaining attached property for
payment of, 46

Counties (see also infra, County
courts; County seat; Supervisors)
abolition of county officers, 526
actions by and against, 490

aid to individuals or corporations
prohibited, 499–509

appointment or election of officers,
536, 538

authority to appoint officers, 537
bounties for enlistment, 509
charitable corporation aided by
county, 500

clerks of counties as subject to
legislative regulation, 526
corporate character, 494
creation by legislature, 211
creation of new counties, 534
drainage as county purpose, 513
elective offices, 530-547

employment of counsel for indigent
prisoner, 506

inclusion in city as affecting power
to incur debts, 501

loan or gift of money or property
prohibited, 499-509

mode of selecting officers, 536
nature of board of supervisors, 369
ownership of stocks or bonds pro-
hibited, 499

power to contract debts, 467
private or local bill locating or
changing county seat, 334

Counties Continued

registers in counties as subject to
legislative regulation, 526
removal of county officers by local
authority, 540

removal of officers, 528

sewer construction as county pur-
pose, 513

sheriff as county authority, 527
state aid to counties, 494
temporary performance of official
duties, 526

term of officer elected to fill va-
cancy, 527

terms of officers in New York and
Kings, 528

tort liability, 196

vacancies in office filled by tem-
porary appointments, 527
vacating judgment in favor of
county as gratuity, 509
war bounties, 509

County clerks, legislative power to
regulate duties and functions, 526
County courts

additional county judges, 443
age limit of judges not applicable
to county judge, 439
appointment of additional judges,
443

county judge acting as surrogate,

theory of judiciary article, 401
transfer of jurisdiction of abolished
courts, 420

Courts martial

appearances in, 69

authority to establish, 455
constitutionality, 552

constitutional provision as to in-
dictment not applicable, 68

jury trial not preserved in courts
martial, 58

Criminal law (see also infra, Cruel
and unusual punishments; In-
dictments; Pardon, reprieve and
commutation; Preliminary exam-
ination; Prisons and prisoners;
Rights of accused)

additional punishment for second
offense, 90

commitment for action of grand

jury as due process of law, 125
counsel for indigent prisoner, 506
indeterminate sentences, 382
legislative power to define and de-
clare offenses, 212

pardon, reprieve or commutation,
380-383

permission to appeal, 434

prior conviction as evidence of sec-
ond offense, 146

balloting not exclusive method, 209
bribery as disqualification of voters,
204

burden of proving voter's citizen-
ship, 202

canvass as subject to impeachment,
209

certificates of nomination, 48
convicts disfranchised, 204
damages for deprivation of right
to vote, 202

deprivation of right to vote by elec-
tion officers, 202
disfranchisement of voters, 48
districts, 203

exclusiveness of qualifications of
voters, 201

fraudulent vote in another's name,
202

impeachment of official candidates,
209

impersonation of voter, 49
improper challenge, 204

insane asylum as residence of voter,
206

inspector's liability for excluding
vote, 202

Elections -

Continued

jury trial in disfranchisement pro-
ceedings, 59

legislative control, 48, 543
legislative power to regulate suf-
frage, 208

loss of right to vote by clerical
error, 49

manner of determining result as
subject to legislative regulation,

215

members of legislature, 287
naming candidates on ballots, 48
nomination certificates, 48

office not named on ballot, 201
persons excluded from right to vote,
204

prison as residence, 205

private or local laws affecting, 335
promise to perform duties of office
at less salary, 565

qualifications of voters, 201
recanvass, 542

registration in city of first class,

202

registration of voters, 207
residence of voter, 205

restriction of candidates, 201
soldiers' home as asylum, 206

special act relating to election, 337
striking voter's name from register,
49

students as voters, 205

submission of abstract question as
election, 208

submitting question as to constitu-
tional convention, 571

test oath by voter, 49, 68
voting residence, 205

women not entitled to vote, 201
Electricity-

condcmnation of property for elec-
tric plant, 159

conductors on highways, 249
lighting city as municipal purpose,

513

mode of inflicting death penalty, 65
regulation of electric companies, 100
Electrocution as cruel and unusual
punishment, 65

Elevated railroads as additional bur-
den on street, 172

Elevators, regulation of grain ele-
vators, 101

Emergencies, destruction of property
in emergency, 163
Eminent domain -

additional burdens on highways,
167-174

appeal from award, 183
appropriation by state, 180
award by commissioners, 182-184
benefits deducted from compensa-
tion, 178

canal as public purpose, 159

drainage as public purpose, 159
due process of law, 131

electric light, etc., as public pur-
pose, 159

exclusiveness of privilege, 343

expediency of exercising power, 151
extent of estate acquirable, 150
fee in property condemned, 166
ferry as public purpose, 159
filing order in condemnation pro-
ceedings, 431

highway as public purpose, 159
incidental use to public, 158

injunction to enforce compensation,
180

jury trial, 180-182
market purposes, 158

municipal property as subject to
condemnation, 162

nature and extent of power to con-
demn, 150-154

nature of public use, 157
necessity for taking, 154-157
notice and opportunity to be heard,
131

oyster bed under public water as
private property, 165

park purposes, 158
particular uses, 158-160
possible use by few, 158
power to condemn, 150-154
private property taken for private
use, 46

procedure, 180-185

property previously appropriated to
public use, 151–152

property subject to condemnation,
150

public use, 154–160

railroad as public purpose, 159
railroad in highway, 168
recondemnation, 151
restriction in use of property pend-
ing condemnation, 113

Eminent domain - Continued
review of award, 183

street as public purpose, 159
taking of property, 160-174
use pending condemnation, 160
waiver of constitutional guaranty,

156

water of stream as private prop-
erty, 166

water supply as public purpose, 159
wharf as public purpose, 159
Employment agencies, regulation of,
94
Enactment. of statutes, see infra,
Private or local bills; Statutes
Enumeration of inhabitants, see su-
pra, Assembly; infra, Senate
Equity-

abrogation of distinction between
law and equity, 402, 414
jurisdiction of county courts, 456-

459

jurisdiction of supreme court, 402
jury trial in equitable actions, 60-

62

restoration of mortgage lien, 416
taking of testimony in equity cases,
415

Escheat-

release of escheated lands, 190
waiver, 359

Estoppel to raise constitutional ques-
tion, 27

Evidence (see also infra, Self-incrim-
ination)

changing rules of evidence as due
process of law, 144

compulsory reference to take testi-
mony, 416

incriminating evidence obtained by
unlawful search and seizure, 77
new trial heard on former testi-
mony, 416

papers seized by prosecution, 76
presumptions created by statute as
due process of law, 144

prior conviction as evidence of sec-
ond offense, 146

taking testimony in equity cases,
415

Examination (see supra, Civil serv-
ice; infra, Physical examina-
tion)