ON THE CONSTITUTION OF THE UNITED STATES SHOWING THE CONSTRUCTION AND OPERATION OF THE CONSTITUTION AS DETERMINED BY THE FEDERAL SUPREME COURT AND CONTAINING REFERENCES TO ILLUSTRATIVE CASES FROM THE INFERIOR FEDERAL COURTS AND STATE COURTS. BY WILLIAM A. SUTHERLAND, OF THE CALIFORNIA BAR. SAN FRANCISCO: BANCROFT-WHITNEY COMPANY, LAW PUBLISHERS AND LAW BOOKSELLERS. LIBRARY OF THE LELAND STANFORD, JR., UNIVERSITY LAW DEPARTMENT. to: 75.223 Copyright, 1904 BY BANCROFT-WHITNEY COMPANY. SAN FRANCISCO: TYPOGRAPHERS AND STEREOTYPERS. PREFACE. In the preparation of this work the object of the author has been, primarily, to determine and set forth the construction and cperation of the constitution so far as it has been settled by the courts. With this object in view the decisions have been carefully examined and the rules deduced from them arranged in their logical sequence, and apparently conflicting authorities have been harmonized. There has been an avoidance of all philosophical discussion of many questions which invited such treatment; all effort to show why the law is as it is or why it should not be as it is has been omitted. The already familiar method of treating the constitution clause by clause has been followed as being most convenient for the practitioner. Judicial authority has been cited for every statement made, thus furnishing a wealth of decisions upon all points which have ever been disputed. It is believed that the method followed will commend itself to the profession. While the federal supreme court is the final authority in all matters of constitutional construction, the decisions of the inferior federal courts and of the state courts should not be undervalued. The state reports have been freely resorted to, especially for decisions in support of rights claimed under the federal constitution and for illustrative cases construing similar clauses in state constitutions. In a work of this scope and size it would be impracticable, even undesirable, to include all the decisions pertinent to a given point, and no attempt has been made to do so. Merely cumulative authorities of no especial illustrative importance have been omitted, and authorities have been multiplied only in instances where the cases are of considerable value. References will be found, however, to all the important cases, federal and state. WILLIAM A. SUTHERLAND. FRESNO, CAL., May, 1904. |