REGULATION OF COMMERCE, DUTIES ON IMPORTS AND EXPORTS, Inspection-Continued.
a law of Texas permitting shipment of imported hides, after obtaining certificate of
inspector, and paying a fee of six to ten cents each, is valid. Const., § 1458,

1522.

a law of New York imposing a tax of $1 on alien passengers, to provide for execu-
tion of inspection laws, is void. Const., $$ 1462, 1523.

this provision has reference to merchandise only, not persons. Const., SS 1463,
1524.

8. PORTWARDENS' FEES.

a state law providing that the master and wardens of a port should receive a fee on
every vessel entering port, whether they performed any duty or not, is void as a
regulation of commerce and tax on tonnage. Const., §§ 1532, 1535–38. See
$1100.
making it unlawful for any other than the master and wardens of a port to survey
hatches of incoming vessels, or of damaged goods, etc., is void. Const., § 1533,
1539-40.

regulating pilots, and requiring half pilotage fees of vessel refusing a pilot, for the
use of decayed pilots, valid. Const., §§ 1534, 1541-44, 1546. See § 1100.

REGULATING CHARGES. See Regulation of Commerce, 4.

RELATION.

fiction of, not allowed to operate injuriously. Const., § 2713.

approval of law does not relate back to time of passage. Const., § 2715; but see
S$ 2717-19.

at common law acts took effect by relation on first day of session. Const., § 2721.
RELIGIOUS LIBERTY.

act admitting Louisiana does not give federal courts jurisdiction of questions involving.
Const., SS 473, 476-77.

protection of, depends on state, and not federal, law. Const., § 475.

guaranty of ordinance of 1787, superseded by admission of Louisiana. Const.. § 477.
it seems that the states may by law aid equally every sect, establish funds for the sup-
port of ministers, charities, burial, etc. Const., § 478.

act forbidding polygamy, valid. Const., § 479.

REMEDIAL STATUTES. See Construction of Statutes; Statutes.

REMEDY. See Constitutional Law, 8.

what are remedies, see Obligation of Contracts, 6.

REMOVAL OF CAUSES. See Constitution of the United States, 7; Jurisdiction.
1. IN GENERAL.

from state courts, arising under fourteenth amendment, see Equal Protection of the
Laws, 3.

effect of valid petition is to make subsequent proceedings in state court void. Const.,
§ 929.

can be only before trial under § 641, R. S., and not after trial commenced. Const.,
§ 932.

but under fourteenth amendment the case may be removed and the judgment re-
vised. Const., §§ 933-34.

grounds of, under § 641, R. S. Const., § 937.
meaning of "prosecution" in the removal act.
none after trial and judgment in state court.
what causes removable. Const., § 2508.

2. CONSTITUTIONAL LAW.

Const., § 2497.
Const., § 2501.

the judicial power extends to a prosecution against a revenue officer for murder when
he justifies the killing as in self-defense, while doing his official duty. Const.,
SS 2473-2500, 2649.

and removal is proper in such a case. Id.; § 2516.

congress has the power to authorize removal of cases arising under United States laws.
Const.. § 2477.

acts of 1789 and 1815, considered. Const., § 2479; of 1833 and 1866, §§ 2480-81.

cases cited and approved. Const., § 2482.

both civil and criminal cases may be removed. Const., § 2483.

state prosecution not removed simply because the accused was a federal officer. Const.,
$ 2495.

certain laws held constitutional. Const., § 932.

any suit originally triable in the federal courts may be removed. Const., § 2496.

the seventh amendment forbids any law authorizing the federal courts to retry cases
tried in state courts. Const., § 2470, 2501-4.

a law forbidding a foreign corporation to do any business within the state until it agrees
not to remove suits against it to a federal court, is void. Const., §§ 2471, 2472,
2505-15.

but the state may revoke its license for a breach of such agreement. Const., § 2512.
local influence act of 1867, valid. Const., § 2517.

REPEAL OF STATUTES. See Statutes, 6.

REPUBLICAN GOVERNMENT. See Constitution of the United States, 6, 9, c.

RES ADJUDICATA.

decision on demurrer not, when same question presented by plea, when.
§ 1643.

RESERVED POWERS. See Obligation of Contracts, 4, c.

RESOLUTIONS OF CONGRESS. See Constitution of the United States, 3, k.
RES PERIT DOMINO.

maxim applied. Const., § 1639.

RETROSPECTIVE LAWS. See Legislative Power, 8; Vested Rights.

REVENUE. See Construction of Statutes, 10; Regulation of Commerce, 7.
REVISED STATUTES. See Construction of Statutes, 11.

REVOLUTION, THE.

had no effect on existing contracts and property rights, when. Const., § 2116.
RHODE ISLAND.

constitutional right of trial by jury in. Const., §§ 2526-27.

Const.,

guardians of property of non-resident infants may be constitutionally appointed.
Const., § 2611.

RIGHTS.

and remedies, inseparable. Const., § 1665.

RIGHT TO ASSEMBLE. See Constitution of United States, 4, 1.

RIPARIAN RIGHTS.

on purely internal streams of a state. Const., § 1207.

RIVERS. See Regulation of Commerce.

ROMAN LAW. See Constitutional Law.

S.

SABBATH. See Police Power, 4.

prohibiting sale of liquor on, interfering with rights of importer, whether valid.
Const., § 1508.

SALARIES.

a statute providing that the president shall not allow an officer more than a stated
sum gives no absolute right to such sum. Consuls, § 20.

SCHOOL FUNDS.

Indiana constitutional provision as to distributing, construed. Const., § 2608.

SCHOOLS.

separate may be provided for colored and white children.
constitutional provision as to establishment of, construed.

SEAMEN. See Regulation of Commerce, 2, f.

SEARCHES AND SEIZURES.

Const., §§ 896–97.
Const., § 2599.

right of exemption from, existed prior to the constitution, and is not a “right, privilege
and immunity" secured thereby. Const., § 80.

WHAT ARE; WHAT NOT.

summary process for collecting debt due the government is not. Const., § 81.
examining books, etc., by revenue officers, is not. Const., § 82, 86.

extradition for crime under treaties has no relation to. Const., § 83.

warrant for debt due as a penalty for violation of city by-law, is not. Const., § 85.
summary process by distress for debt due United States, not. Const., § 688.

REQUISITES TO ISSUE OF WARRANT.

oath describing person, made by officer on information of others, not sufficient. Const.,
§ 84.

SEAS. See High Seas.

SECESSION.

state cannot withdraw from the Union by. Const., §§ 137-38.
SELF-ACCUSATION. See Constitution of the United States, 4.
SELF-EXECUTING PROVISIONS. See Construction of Constitutions.

SET-OFF.

obtained after rendition of judgment, may be made a. Const., § 1762.

SHAREHOLDERS.

IN GENERAL.

the government, as a shareholder, loses its sovereignty, and acts as an individual.
Const., § 544.

PERSONAL LIABILITY OF.

constitutional provision that corporate debts shall be secured by, is not self-executing.
Const., § 58.

clause of, in charter is assented to by subscribing. Const., § 2192.

character of. Const., § 2193.

CONSTITUTIONAL LAW.

personal liability clause cannot be repealed so as to affect prior debts. Const., § 2191.
under the reserved power, a provision for non-liability may be changed. Const.,
S2056, 2194-96.

one coming in after repeal is not liable. Const., § 2212.

SHIPS AND VESSELS. See Regulation of Commerce, 2, b.

SHOW.

law that seats shall not be marked reserved unless actually sold, void. Const., § 111.
SLAVERY. See Constitution of the United States, 3, 5, h; Law of Nations, 4.
SOVEREIGNTY. See Constitution of the United States, 2, 9; Law of Nations.
SPECIAL LAWS. See Construction of Constitutions, 14.

SPECIFIC PERFORMANCE.

when cannot be effected, equity will give alternative relief. Const., § 1182.
SPEEDY TRIAL. See Constitution of the United States, 4, e.

STATE CONSTITUTIONS. See Constitutional Law; Construction of Constitutions; Con-
struction of Statutes; Statutes.

STATE COURTS. See Constitution of the United States, 7; Jurisdiction.

STATE DECISIONS-STATE LAWS.

1. STATE LAWS; IN GENERAL.

effect of the Revolution on colonial law.
cannot control the federal government.

Const., § 3026.
Const., 3030, 3052.

federal courts must give full effect to. Const., § 3031.

are judicially noticed. Const., § 3032.

jurisdiction of federal courts not affected by. Const., § 3051.

what state laws are binding on federal courts.

limitation laws. redemption laws, and laws regulating land titles and remedies.
Const., 3033-35.

practice laws may be adopted by federal courts. Const., § 3041.

when congress adopts a state law as a rule of decision, this is a re-enactment of a
state statute if completely applicable to the case. Const., 3055.

what state laws are not binding.

state chancery and admiralty practice. Const., §§ 3037-39.

nor practice laws, unless they be the construction of state statutes. Const.,
$ 3039-40.

or are adopted under the act empowering the courts to regulate practice. Const.,
§ 3041.

except such as are repugnant to acts of congress. Const., § 3043.

congressional laws supersede state practice laws. Const., § 3042.

laws allowing set-offs. Const., § 3044.

law forbidding suit against bank after receiver appointed. Const., § 3045.

state lien laws on domestic ships. Const., § 3046.

laws for the appointment of commissioners to decide certain questions. Const.,
§ 3047.

laws compelling a reference in cases of long accounts. Const., § 3048.
laws requiring judges to give reasons for decisions. Const., § 3049.
penalty against officers in addition to damages. Const., § 3050.

laws allowing sureties of officers to be summarily proceeded against.

§ 3050.

Const.,

conditions, restrictions, etc., in state laws adopted by acts of congress, where a com-
pliance therewith would depend in any way upon a resort to state officials.
Const., § 3053.

judgments need not be docketed according to the state law. Id.

the words "common law," in the act of 1862 making state laws the rules of decision
in federal courts, do not include criminal trials. Const., § 3056.

laws of the Confederate States. Const., § 3057.

laws as to controversies affecting citizens of other states. Const., § 3061,

STATE DECISIONS-STATE LAWS-Continued.

2. STATE DECISIONS; WHEN FOLLOWED BY FEDERAL COURTS.

upon question of conformity of state law with state constitution. Const., §§ 579, 2086, 2320, 3076-80.

question of construction of their own statutes. Const., §§ 1140, 1150, 1384, 2252, or state laws. Const., § 1835, 3033, 3040.

if the question of constitutionality is merely doubtful. Const., § 3076.

must not trench on any right secured by federal constitution or law. Const., § 3080.

are part of the obligation of contracts, see Obligation of Contracts, 1, e.

as to construction that the right to keep gambling table under a state statute is not a
contract. Const., § 1688.

in the absence of state decisions construing its own laws, the federal courts proceed
under the common law, and as the state courts would proceed. Const., $$ 3028-29.
"in all trials at common law" excludes admiralty and equity. Const., § 3054.

in cases depending on state laws, the federal courts adopt the construction of such laws
by the state court. Const., § 3058.

if a construction is changed by the state courts, and settled, the federal courts will also change. Const., § 3059.

in cases as to land titles, depending on the state common law. Const., § 3060.

as to construction by state of a grant from the crown. Const., § 3075.

decisions must be settled. Const., § 3077.

as to what is a municipal "corporate purpose." Const., § 3081.

settling title to lands. Const., § 3082.

as to municipal power to issue bonds, when decisions conflicting. Const., § 3083. See § 3084.

3. WHEN NOT FOLLOWED.

changes of settled construction which have been acted on, and become part of contract obligations, are not. Const., § 1687, 1692.

relating to obligation of contracts, when. Const., § 1689. See SS 1688, 1693.

decision on act under which bonds issued. Const., § 1690.

as to whether state statutes are contracts. Const., § 2259.

"in all trials at common law" excludes admiralty and equity. Const., § 3054.

dictum or gratuitous decision not followed, when. Const., § 3062.

nor the decisions of inferior courts. Const., § 3063.

nor decisions under private statutes giving special jurisdiction for the alienation of particular estate. Const.. § 3064.

nor when rights have vested under statutes generally believed to be valid. Const., § 3065.

nor when the decision is not based on any reason peculiar to the state constitution, but on principles generally applicable. Const., § 3067.

municipal bonds; decision not followed, when. Const., SS 3067, 3083-84.

nor as to the general rule as to the legal effect of judgments. Const., 3068.

nor common law decisions. Const.. § 3069.

nor as to cases under the twenty-fifth section of the judiciary act. Const., § 3070.

nor the construction of a state from which an act was copied, where the act is clear. Const., § 3071.

the decision must construe some statute or local provision. Const., § 3072.

state decisions do not act retrospectively on federal courts; former federal decisions stand. Const., § 3073.

not followed when federal questions involved. Const., § 3074.

the decisions must be settled. Const., § 3077.

STATES. See Constitution of the United States, 2, 5, 9-14, 19; Constitutions of the States; State Decisions.

as to when they may legislate, if congress does not, see Constitution of the United States, 5, c; Jurisdiction, 4; Regulation of Commerce, 1, c; Taxation.

suits by and against, see Constitution of the United States.

various definitions of the word. Const., § 142.

authority to sue shown by letter of ratification by governor pursuant to law. Const., $140.

acts of seceding, in aid of rebellion, void. Const., $$ 125, 155-57.

otherwise of acts promoting internal peace and good order. Id.

in their quasi private character, see Constitution of the United States, 19.

can be sued by citizens only when they permit. Const., § 1896.

contracts by, see Obligation of Contructs, 2.

transfer of property of; if state imposes restrictions on, purchaser affected by notice. Const.. § 154.

as holders of government bonds; acts of government could not prejudice their title thereto. Const., §§ 122, 160.

STATUTE OF FRAUDS.

does not impair the obligation of contracts. Const., § 1948.

does not form part of contract, but prescribes conditions of its existence. Const., § 1990.

STATUTE OF LIMITATIONS. See Construction of Statutes, 19; Obligation of Contracts, 7. 1. IN GENERAL.

suspension of, by congress, during the war, applies to state and federal courts. Const., § 238.

effect of. Const., § 1991.

act designed to bar street commissioners, not construed to bar land-owner. Const., § 2960. congress may pass. Const., § 2418.

of states, binding on federal courts. Const., § 3033.

2. CONSTITUTIONAL LAW.

states may pass limitations of actions on foreign judgments. Const., § 92.
immaterial that no time to sue allowed in particular cases. Id.

on admission of Texas, existing limitation on judgments preserved. Const., § 272.
provisions that they shall not run against non-residents, valid. Const., § 852.
as to shortening limitation laws, see Obligation of Contracts, 7.

3. CONFLICT OF LAWS.

only that of the forum can be set up in bar. Const., § 2001.

STATUTES. See Construction of Statutes.

1. IN GENERAL.

acts having expired by limitation may be revived. Const., § 2681.
exceptions in.

are what would be otherwise included by the language used. Const., § 2618. 2. ENACTMENT.

Const., § 2682.

Const., § 2684.

constitutional direction as to style of laws held directory.
proof of existence is a judicial question. Const., § 2683.
bill establishing postal rates not one for raising revenue.
courts do not inquire into majority by which act passed. Const., § 2685.
but journals may be consulted. Const., S$ 2686, 2689-90, 2691.
they do not go behind the written law itself. Const., Sg 2687–88.
going behind printed law of territory. Const., § 2691.

vote of speaker is to be counted in determining necessary majority. Const., § 2693. 3. APPROVAL.

the president is only required to sign the bill. Const., §§ 2695, 2697.

he need not date his approval; extrinsic evidence admissible to show date. Const., S$ 2694, 2700.

analogy of English practice. Const., § 2698.

constitutional provision as to failure to approve within ten days includes bill presented to governor before adjournment, though the ten days expire thereafter. Const., § 2704.

4. TIME OF TAKING EFFECT. See Obligation of Contracts; Ex Post Facto Laws; Vested Rights.

must be published. Const., § 2666.

what are private and what public, see post, 12.

judicial notice taken of. Const., § 2701.

take effect from time of approval. Const., §§ 2705-7, 2708-14, 2715-16.

and approval does not relate back to time of passage. Const., § 2715.

petition in bankruptcy, filed at noon, not affected by repeal of bankrupt law approved
on evening of same day. Id.; § 2722.

at common law acts took effect by relation to first day of session. Const., § 2721.
is a question of law. Const., § 2708-10.

doctrine that no fraction of a day is allowed is not invoked to do injustice. Const.,
$ 2712.

but the general rule seems to be, especially as to remedial statutes, that they take effect from the day of passage, including the whole day. Const.. SS 2717-19.

law to take effect on certain day is considered as enacted on that day. Const., § 2720.
precise time of, may be inquired into, when. Const., § 2722.

Revised Statutes of 1874 considered as passed December 1, 1873. Const., § 2723.
when English rule of relation to first day of session is applicable. Const., § 2724.
of penal laws affecting trade, only when notice thereof received by local collector.
Const., § 2725.

courts cannot change declared present operation of act to future operation. Const.,
§ 2726.

when a forfeiture takes place at once on the law declaring it taking effect. Const., § 2727. as to retrospective laws, see Vested Rights, 4.

5. CONSTRUCTION. See Construction of Statutes.

6. REPEAL OF STATUTES.

a. In general.

contemporaneous repeal and re-enactment do not interrupt continuity of law. Const., § 2656.

the law ceases when the reasons therefor cease, when, and when circumstances make it inoperative. Const., §§ 2672-74.

general phrases in a repealing act are limited by its subject-matter. Const., § 3006.