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Index to Annotation

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Private detectives, see supra, Detec-
tives

Private or local bills.

amendments, 301-304

bills reported by committee on re-
vision, 328, 363
change of venue, 334

changing names of persons, 331
cities classified with reference to
population, 330

construction of constitutional pro-
visions, 328

county seat as subject of special
legislation, 334

cumulative limitations indicating

intent to evade provision, 330
curative acts, 333
deceptive title, 299
definitions, 329

distinction between local and gen-
eral bills, 293-296

drainage acts, 333

election laws, 335, 337

evasion of constitutional provision,
330

exclusive privilege, immunity, or
monopoly, 340-344

expression of subject in title, 297
foreign subjects in bills, 314-324

general and local

guished, 293-296

bills distin-

general bills defined, 329

highway legislation, 331-334
incorporation of villages, 331, 335
intent to evade constitutional pro-
vision, 330

interest on money regulated, 336
interference with general laws, 329
jury selected, etc., by special act,
336

local and general bills distin-
guished, 293-296
"local" defined, 329
log-rolling prevented, 292

motive power of railroads, 339
names of persons changed, 331
public officers' compensation, 337
purpose of prohibition, 328
railroad construction, 338

right to lay down railroad tracks,
337

singleness of subject, 291

subject expressed in title, 291
subject-matter, 296

subjects not enumerated, 331
suggestiveness of title, 298
tax exemptions, 344

test of character of bill, 329
title held sufficient, 304-314
title of express subject, 291
venue of actions, 334

village incorporated by special act,

335
Private papers, see

ments

supra, Docu-

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Promotion, see supra, Civil service
Property (see also supra, Eminent
domain; infra, Real estate)
acquisition and disposal, 105
animals, 106

articles susceptible of abuse, 106
basis of property rights, 105
business as property, 106

changing custody of funds in court
as deprivation of property, 114
cloud on title as deprivation of
property, 114

compulsory improvement by owner,
120

dangerous articles, 106

declaration of nuisance, 115
definition, 105

deprivation without due process of
law, 105-123

destroying negotiability of instru-
ment as deprivation of property,
113

destruction by superintendent of
buildings, 127

destruction under police power, 115,
140, 163, 250
dogs, 106
exemptions, 112

ex parte proceeding to recover pos-
session, 126

expense imposed on owners, 163
fee in highway, 109

fees of public office, 167

forfeiture by governing body of as-
sociation, 127

forfeiture of property kept for il-
legal use, 141

franchises, 110, 167, 483
highways, 109

imposition of expense on owner, 120
invasion under police power, 163
judgments, 108
licenses, 111

milk permit, 111

ownership presumed from posses-
sion, 126

pledgee's right to retain articles
pledged, 106

police limitations on property
rights, 115-123

possession as presumptive evidence
of ownership, 126

Property - Continued

Index to Annotation

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public property appropriated to pri
vate use, 356-361
regulation of property affected with
public interest, 122

repeal of statute of limitations as
deprivation of property, 114
restriction in use pending condem-
nation as deprivation, 113
restriction on disposition of prop-
erty liable for taxes, 114
restriction on right to compromise
as deprivation of property, 113
right of action, 107

right of property not absolute, 115
right to acquire and dispose, 105
services of minor child, 106
special assessment as property of
municipality, 107

stockholder's right to vote, 112, 483
summary proceeding to recover pos-
session, 126

tax stamps, 107

temporary occupation for public
purpose as deprivation, 114
trustee's interest in trust property,
111

waters percolating beneath surface,
109

Prospective operation of constitution,
13

Prostitutes -

magistrate's jurisdiction to sen-
tence, 47

physical examination, 243

solicitation, 243, 249

Publication, notice of special assess-

ment, 137

Public business

gas, 254

insurance as public business, 252
public service corporations, 253
regulation under police power, 252
Public debt-

credit of state limited, 464
obligation chargeable to particular
fund as debt, 467

obligation incurred by officer in ex-
cess of authority, 469
power of state to contract debt, 465
single work or object, 468

submission of question to people,
468
Public funds.

disbursements by superintendent of
public works, 389
earnest money on public land sale,
362

legacy or distributive share un-

claimed in state treasury, 361
local taxes as under management
of state, 361

Public health, see supra, Health
Public lands (see also supra, forest
preserve)

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change in existing office as creating
new office, 545

Public officers (see also supra, Civil
service; Counties; District attor-
neys; Judges; infra, Sheriffs;
Superintendent of public works)
abolition of local office, 534
abridgment of office term, 50
additional duties imposed during
term of office, 543

additional oath of office, 565
allowances affected by public act,
337

alternative as to election or ap-
pointment, 538

appearance in proceedings for re-
moval, 68

appointment as involving right of
election, 538

appointment by local "authorities,"
537

appointment or selection, 530-547
bipartisan civil service commission-
ers, 49

bribery as disqualification for office,
204

carriers discriminating in favor of,
568

compensation, 374-376

creation of new political subdi-
visions, 534

definition of local officer, 535
duration of office, 547

election otherwise than by elec-
torate, 538

elective offices, 530-547

extension of term of local office as
appointment by legislature, 541
extra compensation for additional
duties, 375

extra compensation

374-376

prohibited,

fees affected by special acts, 337
fees as property, 167

filling vacancies, 548-551

free passes to, forbidden, 568

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Index to Annotation

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increase of salary during term of
office, 374

judges disqualified from holding
other office, 435

jury trial of right to office, 59
legislative control, 215, 391
legislative power to regulate elec-
tions, 543

limitation on eligibility, 91

local functions not transferable to
central authority, 531

local officer as removable by cen-
tral authority, 540
members of legislature prohibited
from holding other office, 286
municipal officers, 338

new officers subject to statutory
regulation, 543-547

oath of office, 564

payment to de facto officer as af-

fecting de jure officer's right to
salary, 375

performance of functions out of
district, 534

political disqualifications, 49

railroad policeman as public of-
ficer, 568

recanvass of election, 542
restriction of candidates, 201
special act affecting compensation,
337

temporary performance of duties
by other officers, 526
term of office, 547
vacancies, 548-551

vacancies filled by temporary ap-
pointment, 527

who are local officers, 535
Public policy as abrogating constitu-
tional provision, 21

Public safety

advertising signs and billboards,
. 245

grade crossings, 244
height of buildings, 245
operation of railroads, 245
police regulations, 244
railroad crossings, 244
Public service corporations
commissions to regulate rates, 224
legislative control, 486
rate regulation, 253

Public use, see supra, Eminent do-
main

Public works-

aliens excluded from employment,
105

civil service law applicable to de-
partment of public works, 393
consequential injury to private
property, 164

hours of labor subject to legisla-
tive regulation, 556

Public works

· Continued
negligence in prosecution, 165
prospective profits as property, 167
regulation of terms and conditions
of labor, 103-104

wages of laborers regulated, 496
Punishment (see also supra, Cruel
and unusual punishments)

additional punishment for second
offense, 90

Quarantine, see supra, Health
Race discrimination, see supra, Civil
Rights

Railroads (see also supra, Carriers;
Public service corporations)
additional burden on highway, 168
additional parallel tracks author-
ized by private or local bill, 339
appropriation to railroad as public
purpose, 361

changing location for public con-
venience, 250

condemning property for railroad,
159

consolidation by special act, 339
fee in right of way, 166

forfeiture of franchise waived by
special act, 339

grade crossings as within police
power, 244

highways across railroad tracks,

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Index to Annotation

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tolerance of religious beliefs and
forms of worship, 64
violation of law as justified by
religious convictions, 64
Remedies, legislative control of, 214
Removal of causes-

special act authorizing removal,
334

transfer from abolished courts, 420
Reports of judicial decisions, legis-
lative duty respecting, 462

Reprieve, see supra, Pardon, reprieve
or commutation

Repugnancy in constitutional pro-
visions, 16, 20

Residence, see supra, Elections

Result of construction as entitled to
consideration, 14

Retrospective operation of constitu-
tion, 13

Review, see supra, Appeals

Revision of constitution construed
as part of original, 20

Rights of accused -

double jeopardy, 70, 73
judicial interference with right to
appear and defend, 69
presentment or indictment as mode
of charging offenses, 66-68
right to appear and defend, 68-69
self-incrimination, 73-79

test oath requirement as involving
criminal charge, 68

twice in jeopardy, 70-73

view by jury in absence of accused
and counsel, 69

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Royal prerogatives as passing to
state, 195

Rules of constitutional construction,
9

Safety appliances, see supra, Labor
Safety, see supra, Public safety
Salaries, see supra, Public officers
Sales (see also supra, Merchandise)
adulterated articles prohibited, 96
articles manufactured by person
other than seller, 117-118
bulk sales acts, 50, 118
compulsory filing of conditional
sale contracts, 118

license for sale of transitory stock,
93

simulated products prohibited, 95
Sanitary code, see supra, Health
Schools (see also infra, Universities
and colleges)

alteration or abolition of school
districts, 485

appropriation of

common

school

school

fund to astronomical observa-
tory, 524
appropriation of common
fund to normal school, 524
changing school district territory,
53

creation of school district by spe-
cial act, 480

exclusion of unvaccinated persons,
179, 523

normal school as entitled to share
of common school fund, 524
sectarian garb worn by teachers,
525

sectarian orphan asylum as school,
525

separate schools for colored per-
sons, 523

vaccination in public schools, 52,
523

Search and seizure-

admissibility of papers seized, 76
incriminating evidence obtained by

unlawful search and seizure, 77
service of warrant of seizure, 138
Seashore

ownership between high and low
water mark, 166

removal of sand, earth or clay
prohibited, 117

Seditious publications, see supra,
Liberty of speech and press
Self-incrimination -

affidavit partially incriminating, 77
compulsory attendance and exami-
nation, 75

compulsory production of private
papers, 76

determination of incriminating na-
ture of evidence, 74

extent of privilege generally, 73
footprints compared with shoes, 76

Self-incrimination

Index to Annotation

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Continued

forced verification of incriminating
pleading, 76

identification of accused, 76
immunity granted to witness, 77
physical examination of accused,
76

waiver of privilege, 78
Senate (see also supra, Legislature)
annexing to one senate district ter-
ritory of another, 272

appointment of major-generals in
recess of, 553

apportionment of state, 272
census for senate apportionment,
274

compactness of senate districts in
cities, 276

confirmation of appointment of
judges, 417

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contiguous territory" in senate
apportionment, 276

county as senate district, 278
division of counties in senate dis-
tricts, 276

enumeration of inhabitants, 274
intermediate apportionments, 277
legislative discretion as to senate
apportionment, 275

review of senate apportionments,
275, 425

Richmond county in district with
noncontiguous county, 276
unconstitutional apportionment as
affecting legislation, 278
Separation, see supra, Divorce and
separation

Service of process, see supra, Process
Sewers, see supra, Drainage
Sheriffs

disqualification to hold other of-
fice, 527

legislative power to regulate du-
ties and functions, 526
removal, 528

Slaughterhouses, restrictions, 94, 116
Sleeping car passes to public officers
forbidden, 568

Smoke nuisances, 119

Snow, see supra, Highways
Soldiers' home as asylum, 206
Special legislation, see supra, Pri-
vate or local bills
Special or local assessments

annulment by legislative act, 259
canal property as subject to assess-
ment, 475

compensation for property taken,
175

curative statutes, 259
due process of law, 131

exemption from assessment as
revocable, 584

legislative power to prevent abuses,
555

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appeal to court of appeals, 429
application to vacate satisfaction
of judgment, 430

Special sessions, see supra, Court of
special sessions

Specific performance, jurisdiction of
supreme court, 407

Spirit of constitution as violated by
statute, 33

State (see also supra, Public debt;
Public funds)

aid to educational or like pur-
poses, 495

aid to private undertakings pro-
hibited, 493

appeal in habeas corpus proceed-
ings, 65

auditing of private claims against
state, 354

compensation for property taken
by, 496

credit limited, 464

delegation of power to audit pri-
vate claims, 356

discharge of moral obligation as
gift, 494

dual compensation for single pub-
lic service, 496

expense of bribery prosecution as
charge against state, 569
extension of time for filing claims
against, 215

land of state as subject to assess-
ment, 259

legalizing invalid claims against,
355

liability for mob violence, 367
liability for taking private prop-
erty, 175

limitation of actions against state,
470

loan or gift of state money pro-
hibited, 493

moral obligations, 360

power to contract debts, 465
quorum of legislature to create
claim against state, 367
reimbursement of expense incident
to public project, 495
release of escheated lands, 190

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