Habeas corpus, Writ of, the bulwark of personal liberty, 15, 16;
its antecedent in Magna Carta, 15;
in England, 15, 107;
rendered effective by the courts, 77.

Hamilton, Alexander, 71, 74, 88, 161.

Hampden, John, 17, 34.

Hans vs. Louisiana, 95.

Hearn, Lafcadio, 28, 29n.

Henry VIII., 32, 36.

Holden vs. Hardy, 60.

Hunter vs. Wood, 119n.


Impositions, Case of, 17.

Income Tax cases, 173, 175.

Income Tax, 159, 173-175.

Inheritance Tax, 159-160, 167-173.

Initiative and Referendum, a menace to our republican form of government, 39, 193;
origin in distrust of legislatures, 44;
agitation for, 47, 204;
in Australia, 81;
a scheme of the Progressives, 204-209.

Injunctions, as used to restrain state officers, 87-88, 97, 109-114;
to restrain officers of the crown in England, 106-107;
to restrain criminal proceedings, 117-119;
to prevent the enforcement of unconstitutional state statutes, 120, 125, 127, 128;
use in connection with strikes and labor disputes, 146-152, 212-217;
New York practice, 148, 151-152.

Inquisition, Writ of, 14, 15.

Institutions, the slower their growth the more enduring they are, 1;
English source of American institutions, 98, 266-267;
the Roman Catholic church and American institutions, 249-250.

Intestate succession 167-169.

Ives case, 65-69, 153.


Jacobs case, 49-57, 153, 154.

James I., 17, 30n, 31n.

Japan, 27-29, 197.

Jefferson, Thomas, 186, 187, 189, 197, 205.

John, King, 4, 7, 12, 25.

Judges, qualifications, 13, 14, 70, 142, 243-245;
bound by principles, rules and precedents, 46;
not infallible, 47;
duty to enforce the law, 128, 129, 209;
selection and tenure, 139-142, 243-245;
should be defended against unjust criticism, 69-70, 126-128, 157-158.
See Judiciary and Recall.

Judiciary, power to annul unconstitutional laws, 7-9, 25, 42 sqq., 70 sqq., 87 sqq., 109 sqq.;
former dependence upon the crown, 10, 17;
has no power over legislation in England and France, 11, 76, 77, 107;
importance recognized in Magna Carta, 13, 14;
defended against unjust criticism, 43 sqq., 130-158, 181, 193, 211-212;
government by, 45-46;
rules for determining the constitutionality of a statute, 45, 46, 52;
charged with having usurped power over legislation, 45, 70, 81;
examples of alleged abuse of power, 48-68;
cannot control legislative discretion, 52;
should avoid judicial legislation, 62, 135;
necessity of defending against unfair criticism, 69, 70, 126-128, 158;
must enforce the Bill of Rights, 77;
control over executive and administrative officers, 103-107, 111, 114;
necessity for confidence in, 126-128;
the bulwark of liberty, 128, 226;
independence of, 141, 142, 226;
not responsible for delays, 142-146.
See Judges, Constitutional limitations, Injunctions, and Recall.

Judiciary, Federal, jurisdiction to enjoin state officers, 87, 108-110, 113, 117, 119;
efforts to curtail power of, 88, 125;
jurisdiction limited, 97;
power to annul state laws a necessity, 108, 109, 112, 116, 124-129;
compels the states to obey the Constitution, 113;
power to enjoin criminal prosecutions by the states, 117-119;
causes of dissatisfaction with, 126;
oath of office of judges, 127;
constituted as a bulwark of liberty, 128;
assaults upon, 128, 146-152;
issuance of injunctions in labor disputes, 213-217;
power to punish for contempt, 215-217.
See also Supreme Court.

Jurisprudence, as a science, 13, 52.

Jury-trial, origin in Magna Carta, 15, 19-20;
early history, 19-20;
a right assured by the judicial power, 78;
not in cases of contempt, 215.

Justice, political justice secured by Magna Carta, 1, 4, 13-15;
the highest political liberty, 13;
uniformity and certainty essential in its administration, 13;
social justice, 43, 81-82;
delays in its administration, 125, 126, 142-146.


Knisley vs. Pratt, 137, 155.


Labor, competition of foreign workmen, 196, 197, 198;
conditions in 1896, 198-199.
See Master and servant.

Labor laws, in New York, 50, 56, 58, 59, 137, 156.

Labor unions, attitude toward the courts, 131, 140-141;
some labor leaders, 131, 147, 212;
opposition to injunctions, 146-152.

Labourers, Statute of, 79.

Langford vs. United States, 103.

Langton, Stephen, 5, 12.

Law, how to be administered, 13;
wiser than those who administer it, 14;
principle of the supremacy of the law, 14, 103-107, 111, 114;
just and equal laws, 31, 35, 36, 37, 152;
equality before the law, 35, 36, 161;
growing disregard of, 43, 201;
touches every individual, 85.
See Common law, Due process of law, Fundamental laws, Law of the land, Justice, Judges, and Judiciary.

Lawlessness, manifested in alleged reforms, 43;
and in labor organizations, 150, 217;
its growth in connection with the spread of socialism, 201.

Law of the land, a phrase wiser than those who wrote it, 5;
the epitome of ancient and forgotten wisdom, 5-6;
guaranteed by Magna Carta, 9, 18, 21, 22;
the equivalent of "due process of law" (q.v.), 18;
meaning, 18, 19, 21, 22;
in American constitutions, 18-19, 23-24;
in the Petition of Right, 23.

Lawyers, see Bar.

Lecky, W.E.H., 164.

Legislation, formerly not a panacea for all ills, 9;
practical reforms needed, 44, 205-206;
alleged social legislation, 49-54, 153, 154;
particular legislation criticized as being arbitrary, crude, experimental, meddlesome, and oppressive, 52, 80, 82, 120-125, 163, 245;
a rule of construction, 154-155;
necessity for exact language, 208;
great volume of statutes, 204, 208.
See Class legislation and Social legislation.

Legislature, taxation originally its chief function,9;
limitations upon, 43-46, 51, 70, 71, 78, 81, 124;
corruption charged by social reformers, 44;
abandoning constitutional questions to the courts, 47;
duty to apply constitutional principles, 52;
supreme in its sphere, 52;
power to protect the public health, 59, 60.
See Constitutional limitations, Legislation, and Congress.

Leroy-Beaulieu, Pierre Paul, 166.

Liberty, Civil, guaranteed by Magna Carta, 1, 4, 5;
Declaration of Independence, 4, 81;
early charters of the French kings, 5;
writ of habeas corpus its bulwark, 15, 16;
conditions necessary for its perpetuation, 26, 36, 37;
guaranteed by the Constitution, 51, 76;
legislative interference with, 74, 80;
of vital concern to everyone, 84;
guarded by the common law, 98;
its essence, 124;
some political documents, 203;
threatened by temporary majorities (q.v.), 211.

Liberty, Constitutional, Justice Story on, 25;
in the custody of the American people, 26;
the Pilgrim Fathers assist at its birth in America, 30.

Liberty, Religious, secured by the New York constitution, 12;
idea of, in Magna Carta, 12, 13;
established in America by the Pilgrims of Plymouth, 32, 34;
our greatest blessing, 34;
secured by the courts, 77-78;
favored by non-sectarian public schools, 248;
fostered in America by Protestants, 251, 259;
formerly denied to Catholics in New York, 258;
secured temporarily in New York by Governor Dongan, 259.

Lincoln, Abraham, 26, 191, 246.

Lottery case, 46.


Madison, James, 88, 186, 189, 197.

Magna Carta, general treatment, 1-26;
marked our greatest political epoch, 1;
saved England from despotism, 1;
the source of representative government, 1-2, 16, 18;
the foundation of liberty and justice, 1, 4;
reissues and confirmations, 2, 3, 7, 8, 20, 22;
extolled by the royal governor of New York, 2;
crystallized and perpetuated English liberties, 2, 3, 5, 21;
all Americans enjoy its privileges, 2, 3, 5;
granted at Runnymede, June 15, 1215, 3;
still on the English statute books, 3;
a battle-cry against tyranny, 3, 11;
modern criticism of, 3-4, 7, 8, 15, 19;
the value of its traditions, 4-5, 26;
based upon eternal truths and to endure forever, 5, 21, 203;
established the rights of the individual as against the government, 6, 7;
long regarded as an unalterable fundamental law, 6-10;
limited the power of the king, 11, 12, 24-25;
denounced by the Pope, 12;
established the supremacy of the law, 14;
translated and explained in the churches, 14;
guaranteed the writ of habeas corpus, 15;
separated legislative and executive power, 16;
prevented taxation without the consent of parliament, 16-17;
the law of the land, 18-22;
jury-trial, 19, 20;
supplemented by the statute of 1354, 22-23;
justified revolution for cause, 25.

Majorities, Temporary, may yet be restrained in England, 11;
arbitrary action, 40, 124;
their alleged infallibility a dangerous doctrine, 43;
the proposal to free them from all restraints, 43;
their ever-changing opinions and desires as a rule of constitutional construction, 45-46;
oppressive class legislation, 74, 78-79;
need to be restrained, 75;
exercise of the taxing power, 165;
would overrule the courts, 211.
See Minorities.

Mallet, Monsieur, 262, 266.

Marbury vs. Madison, 8, 72, 100, 124.

Marshall, Chief Justice, his decision in Marbury vs. Madison, 8-9, 72-73, 100;
on the Constitution, 21;
on the suability of a state, 88;
on the eleventh amendment, 93-94, 95;
on restraining state officers, 113-114;
on civil liberty, 124;
on the duty of judges, 129;
unpopular decisions, 210.

Martial law, as the alternative of injunctions, 151.

Master and servant, three common-law rules changed by Congress, 62-63, 68;
the common law to be changed by the legislature, not by the courts, 68-69, 134-135, 137-138, 155;
soundness of the common-law rules, 132-134.
See Workmen's Compensation.

Mayflower, 27, 29, 30, 32, 37.

Mayflower Compact, main treatment, 27-41;
its interest to Americans, 29, 30, 31, 40;
called the first written constitution, 30;
text as preserved by Governor Bradford, 30n-31n;
its covenant for just and equal laws, 31, 35-37;
initiated republican government, 31, 40.

Minorities, English courts may yet have to protect, 11;
their protection entrusted by the founders to the courts, 25, 43, 75, 76, 78;
secure under representative government, 40;
threatened by the short ballot, 223.
See Judiciary.

Monroe, James, 186, 189, 197.

Morality, a condition of social welfare and individual happiness, 250, 252;
taught in Catholic schools, 250, 255.
See Constitutional Morality.


Natural rights, a cardinal principle of Magna Carta, 6.

New York city, tobacco workers in tenements, 49-57;
board of health, 50;
death-rate, 51;
tenement-house conditions, 55-57;
courts, 141, 142;
parochial schools, 254, 257.

New York state, constitution, 12, 19, 23, 24, 49, 258;
Court of Appeals, 50, 57, 65, 80, 138, 139, 141, 145, 146, 154-156, 212;
Bar Association, 75, 131, 140;
conflicts with the federal courts, 87;
practice as to injunctions, 148, 151-152;
population, 204, 234;
religious denominations, 256.

North Carolina vs. Temple, 95.


Officers, Public, responsibility of, 14, 103-106, 111, 114, 226;
fair criticism desirable, 47;
greater permanency of tenure advocated, 143;
their selection important, 221;
in New York, 222-224.

Osborn vs. U.S. Bank, 112-114.


Parliament, and Magna Carta, 3;
its power formerly limited, 7, 8, 10;
its supremacy, 9-11, 17-18, 76-77, 107;
formerly believed to exist to uphold Magna Carta, 10, 25;
its consent to taxation necessary, 16;
parliament of 1265 developed from the commune consilium, 16;
prototype in parliament of Simon de Montfort, 18;
labor laws, 79;
statute on the Petition of Right, 101.

Parties, Political, essential to free government, 206, 238-242;
should follow the representative principle, 207;
effect of initiative and referendum upon, 207;
corruption not cured by primaries, 236, 238;
party government, 238-242.

People vs. Koerner, 145.

People vs. Lochner, 57-58, 153.

People vs. Lustig, 145.

People vs. Turley, 143.