RAILROADS - continued.

must be by legislative permission, 789.

whether adjoining owner entitled to compensation, 789-803.

whether one may condemn property of another, 757, n. 3, 804-806 and
note.

police regulations in respect to, 832-844.

requiring corporations to fence track and pay for beasts killed, 840–
841.

regulation of grade and crossings, 842.
provisions regarding alarms, 843.

regulation of charges, 871-876 and notes.

responsibility for persons injured or killed, 843,

bridges for, over navigable waters, 865.

commissioners of, authority of, 843, 844, n.

READING OF BILLS,

constitutional provisions for, 116, 117, 200 and n.

REAL ESTATE,

rights of foreign corporations as to, 180, 181.

not to be taxed out of taxing district, 719.

within taxing district to be taxed uniformly, 718-731
taking for public use.

REASONABLENESS,

See EMINENT DOMAIN.

of municipal by-laws, 280-292 and notes.

of limitation laws, 522, 524.

of police regulations. See POLICE POWER.
REBELLION,

employment of militia to suppress, 12.

RECITALS,

in statutes, not binding upon third parties, 139.
when they may be evidence, 139.

RECONSTRUCTION OF STATES,

control over, 63, n.

RECORDS,

public, of the States, full faith and credit to be given to, 38-41.
judicial, not generally to be contradicted, 40, n., 585.

REDEMPTION,

See JUDICIAL PROCEEDINGS.

right of, cannot be shortened or extended by legislature, 412, 413.
REFUSAL TO PLEAD,

in criminal cases, consequence of, 439, n. 2.

REGISTRATION,

of voters, may be required, 905–907.

REGULATION,

of commerce by Congress, 12, 686-691, 845-859, 873, n. 1.
by legislature, of exercise of executive power, 160, 161, n. 2.
of navigable waters by Congress, 864.

police, by the States. See POLICE Power.

of the right of suffrage, 899-905.

right of, does it imply a right to prohibit, 284-292 and notes.
REHEARING. See NEW TRIALS.

RELIGIOUS LIBERTY,

care taken by State constitutions to protect, 659–668.

RELIGIOUS LIBERTY— continued.

no law for the establishment of religion can be passed, 663, 664.
compulsory taxation for support of religion forbidden, 664, 665 and n. 2.
compulsory attendance on religious worship forbidden, 664.

freedom of worship protected, 665.

freedom of expression of religious belief guaranteed, 665.
distinguished from religious toleration, 659, 652 and n. 1.

does not preclude recognition of superintending Providence by public
authorities, 668, 669.

nor appointment of chaplains, thanksgiving and fast days, 669.

nor recognition that the prevailing religion of the State is Christian,
669, 670.

the maxim that Christianity is part of the law of the land, 670–673.
punishment of blasphemy does not invade, 671–673.

or of other forms of profanity, 674.

Sunday laws, how justified, 674, 675, 859.
respect for religious scruples, 676.

religious belief, as affecting the competency or credibility of witnesses,
676, 677 and notes.

REMEDIAL STATUTES,

liberal construction of, 95, n.

parties obtaining, are bound by, 139.

may disturb private rights, 508.

REMEDY,

power of legislature over, in criminal cases, 374-383.

in civil cases, 137–139, 405–417, 515-520.

legislature cannot take away all remedy, 410, 411.

a judgment for a tort is not a contract within this rule, 411
may give new remedies, and defences, 406-408.

may limit resort to remedies, 515-520.

for collection of taxes, 748-751.

for compensation for property taken by public, 812-828.

REMOVAL,

of causes from State to national courts, 25-31.

of officers, 158, n. 2.

REPEAL,

of old English statutes, 54, n.

all laws subject to, 174-176.

of statutes at same session of passage, 217.

by implication, not favored, 216, 217.

of corporate charters, 388, 394.

of a law, terminates right to give judgment under it, 544.
of laws conflicting with unconstitutional law, 256, 257.
question of, not to be referred to the people, 171.

REPORTS,

of public meetings, 621.

of legislative proceedings, publication of, 600-602, 650-652.
of judicial proceedings, publication of, 636-640.

See LIBERTY OF SPEECH AND OF THE PRESS.

REPRESENTATION,

constructive, 94, n.

See LEGISLATive DepartmeNT; LEGISLATors.

REPRIEVE,

power of, not included in power to pardon, 160, n. 2.
REPUBLICAN GOVERNMENT,

guarantee of, by United States to the States, 43, 44, 62.

maxims of, do not constitute limitations on legislative power, 237-239.
REPUBLICATION,

of amended statutes under certain State constitutions, 214-217.

RES ADJUDICATA,

definition, 79, 80.

parties and privies estopped by judgments, 81.

force of judgment does not depend on reasons assigned, 82.

strangers not bound by, 81, 82.

parties and privies not bound in new eontroversy, 82.

RESERVED POWERS,

under the United States Constitution in the States and people, 11, 46.
RESIDENCE,

gives jurisdiction in divorce suits, 578.

but not unless bona fide, 578.

as affecting right to impose personal taxes, 719.

of voters, what constitutes, 903, 904.

RESTRAINT OF TRADE,

by-laws of municipal corporations when void because in, 284-287.
RESTRICTIONS,

on trade by municipal by-laws, 281-292.

in United States Constitution on powers of the States, 35-41.
on power of people to amend constitutions, 62.

on powers of legislature. See LEGISLATURES OF THE STATES.
RESUMPTION OF GRANTS,

by the States is forbidden, 385.

RETROSPECTIVE LEGISLATION,

when admissible generally, 134-139, 528-546.

sometimes construed as having prospective operation only, 255.
cannot revive demands which are barred, 528.

nor create a demand where none ever equitably existed, 528–546.
may take away defences based on informalities, 528, 529.

may cure irregularities in legal proceedings, 529-546.

or in corporate action, &c., 531, 534, 535.

what defects can and what cannot be cured by, 531, 539–546.
may validate imperfect marriages, 533-535.

or other imperfect contracts, 535–546.

or invalid deeds, 537-540.

may take away defence of usury, 536, 537.

bona fide purchasers not to be affected by, 540.

legalizing municipal action, 330, 331, 542.

pendency of suit does not affect power to pass, 543, 544.

cannot make good what the legislature could not originally have per-

mitted, 544, 515.

cannot cure defects of jurisdiction, 546.

forbidden in some States, 529, 530.

statutes generally construed to operate prospectively, 97, 529.

prospective construction of constitution, 97.

REVENUE,

in some States, bills for, to originate with lower house, 188, 189.
cannot be raised under right of eminent domain, 758, 759.

REVISION,

of State constitutions, 62.

See TAXATION.

of statutes. See STATUTES.

REVOLUTION, AMERICAN,

powers of the Crown and Parliament over Colonies before, 7, 8.
Congress of the, its powers, 7-9.

division of powers of government at time of, 8, n.

REWARDS,

by towns for apprehension of offenders, 310, n. 1.
RHODE ISLAND,

ratification of Constitution by, 9.

charter government of, 55.

judges of, to give opinions to governor and legislature, 72, n. 1.
privilege of legislators from arrest, 192, n. 2.

impeachment of judges, 229, n. 1.

protection to person and property by law of the land, 500, n. 2.

liberty of speech and of the press in, 696, n.

privilege of legislators in debate, 634, n.

religious tests for office forbidden in, 662, n. 3.

periodical valuations for taxation, 712.

exclusions from suffrage in, 902, n. 1.

RIGHTS,

of citizen not to be denied or abridged on account of race, color, or pre-
vious servitude, 17, 18.

distinguished from the remedy, 402-417.

express constitutional prohibitions not necessary where they are declared
in Constitution, 245.

vested. See VESTED RIGHTS.

in action. See ACTION.

RIOTS,

liability of municipality for property destroyed in, 300, n. 1, 345, n. 1.
ROAD DISTRICTS, 348.

ROADS,

appropriation of private property for, 756, 767.
appropriation of materials for constructing, 756.
appropriation of, for railroads, &c., 788-798.

See EMINENT Domain.

regulation of use of, by States, 860.

action for exclusion from, 787, n. 2.

RULES AND REGULATIONS.

RULES OF CONSTRUCTION.

TUTIONS.

RULES OF EVIDENCE,

See BY-LAWS.

See CONSTRUCTION OF STATE CONSTI-

power of the legislature to change, 405, 406, 524-528.

See EVIDENCE.

RULES OF LEGISLATIVE ORDER,

are under the control of the legislature, 187-193.

See LEGISLATURES OF THE STATES.

SABBATH,

S.

laws for observance of, 674, 675, 859.

SALE OF LANDS,

of incompetent persons, &c., special legislative authority for, 140-147.
propriety of judicial action in such cases, 140.

SCHOOL AUTHORITIES,

control by, of school children, 261, n. 1.

SCHOOL DISTRICTS, 348, 349.

judgments against, in New England collectible against private owners,

349-354.

SCHOOL-HOUSES,

exercise of right of eminent domain for sites for, 769.
SCHOOLS,

general power of States to provide, 261-263 and notes.
control of, 261, n. 1.

impartial rights in, 261, n. 1, 556, n.

Bible in, 665, n. 2.

SCIENCE,

Congress may promote, 12.

SCOTLAND,

servitude in, 422, 423.

SEAMEN,

impressment of, 424.

SEARCH-WARRANTS. See SEARCHES AND SEIZURES.
SEARCHES AND SEIZURES,

the maxim that every man's house is his castle, 50, 425, 426.
unreasonable searches and seizures prohibited, 425, 426.

origin of the prohibition, 425, 426 and n. 1.

history of general warrants in England, 426, n. 1.
general warrants in America, 427, 428.

search-warrants, their arbitrary character, 429.

only granted after a showing of cause on oath, 429.
must specify place to be searched and the object, 429, 430.
particularity of description required, 430.

should be served in daytime, 430.

must be directed to proper officer, 430.

must command accused party and property, &c., to be brought
before officer, 430, 431.

cannot give discretionary power to ministerial officer, 431.

not allowed to obtain evidence of intended crime, 431.

compulsory inspection of person or property, 424, n. (a).
cases in which they are permissible, 431, 432.

not to seize correspondence, 432, n. 2.

for libels, illegal at common law, 433, n. 1.
officer following command of, is protected, 434.
and may break open doors, 434.

SEAS. See HIGH SEAS.

SEAT OF GOVERNMENT,

Congress has exclusive control over, 13.