Imagens da página
PDF
ePub

Construction of the statute of Kansas defining and prohibiting trusts, and preventing combinations between dealers to prevent competition, and holding that such statute does not violate the 14th amendment to the constitution. Smiley v. Kansas, 196 U. S. 447.

The exclusion of persons from service on grand juries on account of their race or color is a violation of the 14th amendment to the federal constitution. Rogers v. Alabama, 192 U. S. 226.

The statute of state providing for a change of venue of certain causes from one court to another, does not violate any of the provisions of the 14th amendment to the constitution. Cincinnati St. Ry. Co. v. Snell, 193 U. S. 30.

Permitting the use of depositions on the trial of a person accused of crime, which were taken in the presence of the accused before a committing magistrate, and in accordance with the laws of the state, is not a violation of the 14th amendment. West F. Louisiana, 194 U. S. 258.

The 14th amendment to the federal constitution does not prohibit a state from submission to the voters of political subdivisions of the state the question whether the sale of intoxicating liquors shall be sold by retail or not. Rippey v. Texas, 193 U. S. 504; Lloyd v. Dollison, 194 U. S. 445.

ARTICLE 15.—THE RIGHT OF SUFFRAGE.

44. Elections, suffrage.

The provisions of the 15th amendment to the constitution prohibiting the denial of the right of suffrage on account of race, color, or previous condition of servitude, relates solely to action by the United States or by a state, and does not apply to individual acts which prevent persons from voting. James v. Bowman, 190 U. S. 127.

The right to vote for members of congress is founded by the constitution and laws of the United States, and is not conferred exclusively by state laws. Wiley v. Sinkler, 179 V. S. 58; Swafford v. Templeton, 185 U. S. 487; Pope v. Williams, 193 U. S. 621.

The general right to vote in the state of Missouri is derived from the state, and the legislature may classify cities and provide different methods for the registration of voters in the different classes. Mason v. Missouri, 179 U. S. 328.

The statute of a state requiring persons who remove into the state from another state or territory to declare their intention to become citizens of the state a year before they will be entitled to registration as voters, is not repugnant to the federal constitution. Pope v. Williams, 193 U. S. 621.

NOTES ON

OF

CONSTITUTION OF THE STATE

INDIANA.

1851.

Section numbers to notes refer to the Revised Statutes of 1901.

[blocks in formation]

46. Natural rights.

The act of 1901, sections 7055a, 7055b, Burns' R. S. 1901, fixing the minimum rate of wages that shall be paid to unskilled laborers employed upon public works, is in violation of that provision of the state constitution securing to every person the inalienable right to personal liberty and the pursuit of happiness. Street v. Varney Electrical Co. 160 Ind. 338.

The act of 1901, sections 7231a-723li, Burns' R. S. 1901, requiring transient mer. chants to obtain a license to do business in this state, does not violate that provision of the constitution guaranteeing to every citizen of the state the right to life, liberty, and the pursuit of happiness. Levy v. State, 161 Ind. 251.

The act of 1899, section 7059, Burns' R. S. 1901, requiring the weekly payment of wages of laborers is an unreasonable restriction upon the right of parties to contract, and is in violation of section 1, of art. 1 of the constitution. Republic Iron Co. v. State, 160 Ind. 379.

The act of 1899, sections 7059-7059c, Burns' R. S. 1901, concerning the weekly payment of wages of employes, and prohibiting the assignment of future wages, is not an unreasonable restriction upon the right of persons to contract in so far as such act prohibits the assignment of unearned wages. International Co. v. Weissinger, '160 Ind. 349.

56. Search and seizure.

Statutes providing that the proper officers shall have access to all the records of public offices, and the books and papers of corporations and taxpayers for the purpose of assessing property for taxation, does not violate that provision of the constitution securing to the people the right against unreasonable search or seizure. Cooperative Assn. v. State, 156 Ind. 463.

Lee v.

57. Courts open, remedy for injuries.

Statutes providing for the construction of free gravel roads, and the assessment of the cost thereof against lands that are benefitted by such improvement, do not conflict with that provision of the constitution providing that every person shall have a remedy by due course of law for injuries to property. Bowlin v. Cochran, 161 Ind. 486.

The provision of the constitution requiring justice to be administered freely, and without purchase; completely, and without denial; speedily, and without delay; imposes the same duties upon appellate courts that are imposed upon other courts. Wortman v. Minich, 28 App. 31. 58. Rights of accused.

The statutes providing for the commitment of minors charged with crimes to the reform school for boys, do not conflict with the provisions of sec. 13, of art. 1, of the constitution defining certain rights of persons accused of criminal offenses. McClelland, 157 Ind. 84. 61. Excessive bail and punishment prohibited.

The statute imposing penalties upon telegraph companies for failure to transmit and deliver messages in accordance with the provisions of the statute, does not violate the provision of the constitution requiring all penalties to be proportioned to the nature of the offense. Western Union Co. v. Ferguson, 157 Ind. 37. 65. Jury trial.

The provision of the constitution securing the right of trial by jury in civil cases does not entitle parties to a trial by the regular panel of jurors in all cases, the manner of selecting juries being left to the legislature. Albany Land Co. v. Rickel, 162 Ind. 222.

In actions to enforce statutory liens against real estate a trial by jury can not be demanded as a matter of right. Tomlinson v. Bainaka, 163 Ind. 112.

66. Compensation for services and property.

The statute making it unlawful for persons to have possession of quails during certain times in the year, does not violate that provision of the constitution providing that no man's property shall be taken without just compensation. Smith v. State, 15.) Ind. 611.

The requiring of a railroad company to construct crossings over its tracks where highways cross such tracks does not violate the provision of the constitution prohibiting the taking of property without just compensation. Baltimore R. R. Co. v. State, 159 Ind. 510.

The statute providing for the construction of partition fences and enforcing payment therefor against landowners, does not violate the provision of the constitution prohibiting the taking of property without compensation. Tomlinson v. Bainaka, 163 Ind. 112.

The act of 1901, sections 7231a-723li, Burns' R. S. 1901, requiring transient merchants to obtain licenses to do business in this state is not in conflict with the provision of the constitution prohibiting the taking of property without just compensation. Levy v. State, 161 'Ind. 251.

The act of 1901, sections 3312b-3312f, Burns' R. S. 1901, preventing discrimination by express companies, does not violate any of the provisions of sec. 21 of art. 1 of the constitution, which prohibits the requiring of services or the taking of property without compensation. Adams Ex. Co. v. State, 161 Ind. 328.

Private property can only be appropriated under the right of eminent domain when such appropriation is for a public use, although the words public use are not used in the constitution. Great Western Co. v. Hawkins, 30 App. 557.

Statutes providing for the construction of free gravel roads, and the assessment of the cost thereof against lands that are benefited by such improvement, do not conflict with that provision of the constitution prohibiting the taking of property without just compensation. Bowlin v. Cochran, 161 Ind. 486.

68. Equal privileges.

The statute conferring upon the state dental association the power to appoint a portion of the board of dental examiners, does not conflict with the provision of the constitution prohibiting the granting of special privileges or immunities to any class of citizens. Overshiner v. State, 156 Ind. 187.

The act of 1899, section 5458c et seq Burns' R. S. 1901, conferring upon cities of 100,000, certain powers as to contracting with and granting franchises to street railroad companies, does not violate the provisions of the constitution prohibiting the granting of special privileges or immunities. Smith v. Indianapolis Ry. Co. 158 Ind. 425.

The act of 1901, section 7448a, Burns' R. S. 1901, concerning the redemption of checks issued to laborers in payment for work is unconstitutional because the act applies only to certain classes, and conflicts with the provision of the constitution prohibiting the granting of special privileges or immunities. Dixon v. Poe, 159 Ind. 492.

The act of 1901, sections 7053a, 7055b, Burns' R. S. 1901, fixing a minimum rate of wages to be paid laborers engaged upon public works, conflicts with that provision of the constitution prohibiting the granting of special privileges or immunities. Street v. Varney Electrical Co. 160 Ind. 338.

The act of 1901, sections 7231a-723li, Burns' R. S. 1901, requiring transient merchants doing business in this state to obtain a license, does not violate the provision of the constitution prohibiting the granting of special privileges or immunities. Levy v. State, 161 Ind. 251.

The statute providing for the defeat of an application for a license to sell liquors by a remonstrance being filed signed by the requisite number of voters does not violate the provision of the constitution prohibiting the granting of special privileges. Boomershine v. Uline, 159 Ind. 500.

The fact that a remonstrance against the granting of a license to sell liquors may be signed under a power of attorney, does not render a statute permitting such signing in conflict with the provision of the constitution prohibiting the granting of special privileges or immunities. Hoop v. Ameck, 162 Ind. 564.

The statute which confers upon municipal corporations power to regulate the sale of intoxicating liquors for a specified distance outside of the corporate limits, does not violate the provision of the constitution prohibiting the granting of special privileges or immunities. Jordan v. City of Evansville, 163 Ind. 512.

69. Ex post facto, impairing contracts.

When a judgment has been rendered, the legislature can not afterwards enact a statute regulating proceedings and practice which will have the effect of impairing the obligation of such judgment, or divesting the owner thereof of his rights thereunder. Johnson v. Gebhauer, 159 Ind. 271.

Section 4463e, Burns' R. S. 1901, annexing conditions to the assignment of money obligations belonging to building and loan associations, is not unconstitutional because it impairs the obligations of contracts. Bowlby v. Kline, 28 App. 659.

70. Taking effect of laws.

The act of 1899, sections 2157a, 2157b, Burns' R. S. 1901, conferring upon the state board of health power to adopt rules in reference to the adulteration of drugs and foods, does not conflict with the provision of the constitution prohibiting the passage of laws which are to take effect upon any authority except as provided in the constitution. Isenhour v. State, 157 Ind. 517.

ARTICLE 2.-SUFFRAGE AND ELECTIONS.

SEC.

87. Bribery, disqualification. 89. Disfranchisement.

SEC.
94. Ballots, secrecy.
95. General elections, time.

87. Bribery, disqualification.

The provision of the constitution disqualifying persons to hold office who offer or give bribes, threats or rewards to secure their election, applies only to general elections, and does not apply where persons commit such acts to secure nominations at primary elections. Gray v. Seitz, 162 Ind. l.

89. Disfranchisement.

The act of 1899, section 2329, Burns' R. S. 1901, providing for the disfranchisement of persons who sell their votes, is constitutional. Baum v. State, 157 Ind. 282.

94. Ballots, secrecy.

The provision of the constitution requiring elections to be by ballot applies only to the election of officers, and has no application to other elections. Strebin v. Lavengood, 163 Ind. 478.

95. General elections, time.

The electors of the state have the right at each general election, as provided by the constitution, to vote for the election of all officers whose terms are fixed by the constitution and whose terms will expire before the time for holding another general election, and the legislature can not extend the time for the beginning of the terms of such offices beyond the time fixed by the constitution for holding an election. Gemmer , State, 163 Ind. 150.

« AnteriorContinuar »