Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, 第 6 卷

William Mark McKinney, Burdett Alberto Rich

Edward Thompson Company, 1915

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Operation and Effect of Constitutions IN GENERAL 26 Prospective Effect 27 Effect on Existing Statutes 28 Time When Constitutional Provisions Ta...	2

CONTEMPORANEOUS AND LONG CONTINUED CONSTRUCTION 59 Fundamental Principles 60 Legislative Interpretation 61 Acquiescence in I...	3

DELEGATION OF LEGISLATIVE POWER 165 General Principles 166 Completeness of Statute 167 Laws Effective on Contingencies	6

In General	33

Presumption as to Selfexecuting Effect	53

Provisions Addressed to the Legislature	54

General Tests	55

Absence of Express Remedies as to Rights and Liabilities	60

Determination by Inclusion and Exclusion 186 Sic Utere Tuo ut Alienum Non Lædas	187

Salus Populi and Law of Necessity	188

Plasticity of Police Power 189 Inalienability of Police Power	189

Exercise of Police Power by Federal State and Municipal Agencies	191

Local and Geographical Factors in Police Power	192

EFFECT OF POLICE POWER ON RIGHTS OF LIBERTY AND PROPERTY 192 Property Rights Subject to Police Power	193

Constitutional Rights as Limiting Police Power	195

CONSTITUTIONAL LIMITATIONS ON POLICE POWER 194 Effect of Fourteenth Amendment	197

Mandates as to Legislation	61

Prohibitions	62

Fundamental Principle	67

Power of the Several Departments of Government	68

Obligatory Duty of Courts	69

Power Essential to Protection of Liberty 71 Solemnity of Responsibility	73

Caution Observed 73 Necessity of Clearness as to Decision 74 Avoidance of Unnecessary Decisions	74

Adoption of Alternative Grounds of Decision	75

Prevention of Evasions	76

CONSTRUCTION IN FAVOR OF CONSTITUTIONALITY 77 General Principles 78 Restrictive Interpretation	78

Effect of Statute in Testing Constitutionality	79

Determination of Intent and Effect	81

DETERMINATION OF CONSTITUTIONAL QUESTIONS BY STATE AND FEDERAL COURTS 81 Jurisdiction of Particular Courts	82

Conclusiveness of Federal Decisions as to Federal Questions	83

Conclusiveness of Federal Decisions as to Other Questions 84 Finality of Decisions of State Courts as to State Constitutions	84

ACQUIESCENCE BY FEDERAL COURTS IN CONSTRUCTION OF STATE ENACTMENTS 85 In General 86 Construction of Statutes Forming Co...	86

INTEREST ESSENTIAL IN RAISING CONSTITUTIONAL QUESTIONS 87 Rule Stated	89

Interest as to Discriminatory Laws	90

Necessity of Plaintiff Belonging to Class Affected 90 Individuals Championing Class or Race 91 Taxpayers Actions	91

Standing of Public Officers	92

Delegation of Legislative Power to Municipal Corporations	168

Discretion as Vesting Legislative Power in Judiciary	169

Laws Effective on Proclamation of Chief Executive	170

Delegation of Power to Suspend Laws	171

Suspension of Laws by Executive Officers DELEGATION OF JUDICIAL AND DISCRETIONARY POWER 173 General Principles as to Judicial Po...	172

Exercise of Discretionary Power by Executive Officers	174

Power to Ascertain Facts	175

Power to Determine Cases within Statute	176

POWERS DELEGATED TO ADMINISTRATIVE OFFICERS AND BOARDS 177 Legislative Powers Conferred on Executive Officers 178 Power to...	177

Powers Delegated to Administrative Boards	179

Public Utilities Commissions	180

Delegation of Power to Create Crimes	181

Police Power DEFINITION AND NATURE 182 Nature of Police Power 183 Difficulty of Definition	183

Attempted Definitions	185

Clause as to Obligation of Contracts	199

Limitations under Commerce Clause	200

Compensation for Injuries Occasioned by Exercise of Police Power	201

SCOPE AND OBJECTS OF ENACTMENTS UNDER POLICE POWER 198 Subject of Police Power	202

Objects to Which the Police Power Extends	203

Regulations in the Interest of Public Health and Safety	206

Regulations in Behalf of Public Morals	207

Regulations for Prevention of Fraud	208

Protection from Incapacity	209

Promotion of General Welfare	210

Public Peace Good Order and Comfort 206 Conservation of Natural Resources NATURE OF REGULATIONS UNDER POLICE POWER GENERAL...	212

Regulations as to Buildings	213

Regulations Relating to Food	214

Police Regulations as to Sales	215

REGULATION AND PROHIBITION OF OCCUPATIONS 211 Regulation of Occupations	217

Form of Regulation of Businesses	219

Illustrations of Regulation of Occupations	220

Prohibition of Businesses	221

Illustrations of Prohibited Occupations 216 Restricting Right to Engage in Business	223

CONTROL OF BUSINESSES AFFECTED WITH A PUBLIC INTEREST 217 In General	224

Application of Rule	226

Determination of Nature of Business	227

Nature of Control POLICE REGULATIONS IMPOSING BURDENS EXPENSES AND LIABILITIES 221 In General	228

Imposing Burdens on Corporations	230

Illustrations of Burdensome Regulations on Corporations	231

Extent of Liability Imposed	233

Liability with or without Fault	234

REASONABLENESS OF POLICE REGULATIONS 226 General Rule	236

Appropriateness of Means	237

Test of Reasonableness	239

In General COURT REVIEW OF POLICE REGULATIONS	240

Grounds for Judicial Interference	242

Reasonableness of Municipal Ordinances	244

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常見字詞

9 Ann adoption applied authority Bank Chicago citizens classification Colo common law Congress Conn constitutional provision constitutionality construction contempt corporation County courts Crim criminal Cudahy Packing Co declared determine due process effect enacted enforce equal protection ex post facto exercise existing fact federal constitution form of government fourteenth amendment grant guaranty held infra judicial jurisdiction jury lative lature legis legislative power legislature liberty limitations Mass ment Minn Missouri Mont municipal obligation of contracts officers Ohio St party person police power principle privileges proceedings process of law prohibition punishment Q. R. Co question regulations remedy rule self-executing statute supra Tenn tion trial U. S. L unconstitutional Union United Utah validity vested right violation void Wall Wash Wheat

書目資訊

書名	Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases ..., 第 6 卷 Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, William Mark McKinney
編者	William Mark McKinney, Burdett Alberto Rich
出版者	Edward Thompson Company, 1915

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