CONSTITUTIONAL LAW-Continued.

Kentucky anti-trust statutes, §§ 3915, 3941, invalid under
due process provision of Fourteenth Amendment, because
offering no standard of conduct possible to know. American
Seeding Mach. Co. v. Kentucky...

PAGE

660

Order of Michigan Railroad Commission requiring inter-
change of cars, freight and passengers, held within power of
State, and not to be a taking of property without due process
of law. Michigan Cent. R. R. v. Michigan Railroad Comm.. 615
3. Liberty of contract: Liberty of contract guaranteed by due
process clause of Fourteenth Amendment is freedom from
arbitrary restraint, not immunity from reasonable regulation
in public interest. Miller v. Wilson....

State may place reasonable restraints upon liberty of con-
tract without violating due process provision of Fourteenth
Amendment and this includes prescribing methods for com-
pensation of coal miners. Rail & River Coal Co. v. Ohio In-
dustrial Comm......

373

338

Limit of reasonable exertion of protective authority of State
over women not overstepped and liberty of contract unduly
abridged by statute prescribing eight hours a day or forty-
eight hours a week as maximum of labor. Miller v. Wilson 373
Bosley v. McLaughlin....
385
California statute of 1911, relative to hours of service of
women, not unconstitutional as unwarranted invasion of
liberty of contract. Id.

Hours of labor of women employed as pharmacists and stu-
dent nurses in hospitals is subject to legislative control; and
limiting such service to eight hours a day or maximum of
forty-eight hours a week is not unconstitutional as invasion
of liberty of contract. Bosley v. McLaughlin....... ... 385
Master and servant's coextensive liberty of contract not sub-
ject to legislative discrimination. Coppage v. Kansas....
Constitutional freedom of contract does not mean freedom
to break contract without accountability. Id.

4. Equal protection of the law: State legislature may classify
according to general considerations and with regard to pre-
vailing conditions. Miller v. Wilson ... ..

1

373

State legislature may recognize degrees of harm and confine
restrictions to those classes where it deems need greatest and
prohibition of law need not be all embracing. Id.
There is room for reasonable classification in prescribing
rates. Northern Pacific Ry. v. North Dakota...

585

California statute of 1911, relative to hours of service of

CONSTITUTIONAL LAW-Continued.

women, not unconstitutional as denying equal protection of
the law. Miller v. Wilson ...

Bosley v. McLaughlin.

Exception of graduate nurses from operation of statute
limiting hours of service of women not so arbitrary, either as
to female pharmacists or student nurses in hospitals, as to
make statute denial of equal protection of the law. Bosley
v. McLaughlin...

VIII. Privileges and Immunities of Citizens.

An individual has no inherent right to join a labor union and
remain in employ of one unwilling to employ a union man.
Coppage v. Kansas....

Condition precedent to employment that employé agree to
refrain from affiliation with labor union not an infringement
of constitutional freedom. Id.

Freedom of contract and right of private property recog-
nizes legitimacy of inequalities of fortune. Id.

Right to contract for services is within right of personal
liberty and that of private property. Id.

Employer and employé may insist that stipulation as to
ground for terminating employment shall be a sine que non
of inception or continuance of employment. Id.
Employer and employé have constitutional right to dis-
pense with services and quit service, respectively, on account
of affiliation or non-affiliation with labor union. Id.

IX. Double Jeopardy.

Principle that act may constitute criminal offense against
two sovereignties so that punishment by one does not pre-
vent punishment by the other, only relates to cases where
both have jurisdiction over act. Southern Ry. Co. v. Railroad
Comm. of Indiana.....

X. Delegation of Power.

Ohio moving picture censor act of 1913 not violative of
Constitution as delegating gislative authority. Mutual
Film Corp. v. Ohio Industrial Comm....

PAGE

373

385

385

1.

439

230

Kansas moving picture censorship act of 1913 does not dele-
gate legislative power. Mutual Film Corp. v. Kansas..... 248
XI. Searches and Seizures.

Quare, whether compulsory inspection of correspondence of
carriers can be permitted within their constitutional rights.
United States v. Louisville & Nashville R. R. Co......
XII. Trial by Jury.

Statute making findings and reparation order of Commis-

318

CONSTITUTIONAL LAW-Continued.

PAGE

sion prima facie evidence of facts therein stated is merely
rule of evidence and not unconstitutional as abridging right
of trial by jury. Meeker & Co. v. Lehigh Valley R. R... ... 412
XIII. Freedom of Speech and Press.

Ohio moving picture censor act of 1913 not violative of Con-
stitution as abridging freedom of speech. Mutual Film
Corp. v. Ohio Industrial Comm....

230

Kansas moving picture censorship act of 1913 does not
abridge liberty of opinion. Mutual Film Corp. v. Kansas.. 248
XIV. Self-Incrimination.

One may refuse to testify on ground of incrimination, not-
withstanding offer and refusal of pardon for any offense con-
nected with matters involved in testimony sought. Burdick
v. United States..

CONSTRUCTION:

79

General principles: Statutes should be sensibly construed
to effectuate legislative intent. Williams v. United States
Fidelity Co.....

549

Person whose rights not directly affected or threatened not
entitled to call upon this court to construe orders, acts and
provisions of Constitution. Stearns v. Wood...
Local statute not made general because applicable to given
situation in absence of general law to control. Washington,
A. & Mt. V. Ry. Co. v. Downey.. ..

75

190

This court disposed to adopt construction of statute which
has become rule of property, even though doubting such
construction. Truskett v. Closser...

223

259

Unenforced ruling of Interstate Commerce Commission
without weight accorded to contemporaneous construction
of statute. United States v. Erie R. R. Co... . . ..
That statute requiring notice has been construed in a num-
ber of cases in jurisdiction as meaning method used in case an
important element for consideration by courts in construing
it. District of Columbia v. Lynchburg Invest. Corp.. ....... 692
Comparison of excesses possible under different construc-
tions of statute but not likely to be practiced, not fair argu-
ment. United States v. Erie R. R. Co. . . . . .

If statute attacked should be construed as going no further
than it is necessary to go in order to decide particular case
involved within it, it cannot be condemned for want of def-
initeness. Fox v. Washington...

259

273

Order of state railroad commission requiring carriers to in-

CONSTRUCTION-Continued.

terchange freight cars for intrastate freight is to be read in
light of opinion delivered by commission. Michigan Cent.
R. R. v. Michigan Railroad Comm.. . .

Of Federal Statutes: In construing Hepburn Act, history
of origin and report of Commission recommending passage
may be referred to. United States v. Louisville & Nashville
R. R. Co..
As respects affidavits required by Land Department, § 125,
Criminal Code, must be read in light of § 2246, Rev. Stat.
United States v. Smull. . . .

. . . .

Of State Constitutions and Statutes: In determining
constitutionality of state police statute question is reason-
ableness of its restrictions to proper purpose. Miller v. Wil-

son.

Statutory provision, not legitimate police regulation, not
made such by form, or title declaring purpose within police
power. Coppage v. Kansas. . .

Decision of constitutionality of state statute not dependent
upon form or declared purpose of the law, but upon its op-
eration and effect as applied and enforced by State; and in
these matters judgment of state court is not controlling.
Id.

In absence of decision of state court to contrary, a state
statute giving court power to enforce by mandamus or other-
wise an order to have a tax assessed, not construed as au-
thorizing court to collect the tax itself. Yost v. Dallas
County...

Presumption that state laws construed so as to avoid doubt-
ful constitutional questions. Fox v. Washington...
This court has nothing to do with wisdom of defendant, the
prosecution or the act, but is concerned only with whether
statute and its application infringes Federal Constitution.
Id.

Presumption that state court will not so construe and en-
force order of railroad commission as to interfere with or ob-
struct interstate commerce. Michigan Cent. R. R. v. Michi-
gan Railroad Comm.....

In absence of specific decision of highest court of State to
that effect, this court will not construe statute authorizing
water supply corporation to exercise eminent domain under
provisions of Railroad Act as giving a vested right to exclude
rest of world from whatever watersheds it chooses for an un-
limited period and one that cannot be impaired by subse-

PAGE

615

318

405

373

50

1

273

615

CONSTRUCTION-Continued.

quent legislation simply by filing a map. Ramapo Water Co.
v. New York....

PAGE

579

Of Indian Laws: The construction of an Indian tribal law
by the Supreme Court of Oklahoma, while reviewable here,
will not be overturned in debatable case when rule has long
governed transfers of property. Reynolds v. Fewell....... 58
Provision of Supplemental Creek Agreement of 1902 as to
law governing descent and distribution of allotments not
interpretation but repeal of similar provision in Original
Agreement of 1901, without affecting its meaning as to cases
governed by it. Id.

Construction and sufficiency of indictment for conspiring to
introduce liquor into Indian country. Joplin Mercantile Co.
v. United States....

CONTRACTS:

Liberty of contract: Liberty of contract guaranteed by due
process clause of Fourteenth Amendment is freedom from
arbitrary restraint, not immunity from reasonable regula-
tion in public interest. Miller v. Wilson...

531

373

Limit of reasonable exertion of protective authority of State
over women not overstepped and liberty of contract unduly
abridged by statute prescribing eight hours a day or forty-
eight hours a week as maximum of labor. Miller v. Wilson.. 373
Bosley v. McLaughlin....
385

State may place reasonable restraints upon liberty of con-
tract without violating due process provision of Fourteenth
Amendment and this includes prescribing methods for com-
pensation of coal miners. Rail & River Coal Co. v. Ohio In-
dustrial Comm....

Right to contract for services is within right of personal
liberty and that of private property. Coppage v. Kansas..
Freedom of contract and right of private property recog-
nizes legitimacy of inequalities of fortune. Id.
Master and servant's coextensive liberty of contract not sub-
ject to legislative discrimination. Id.

Constitutional freedom of contract does not mean freedom
to break contract without accountability. Id.

Exercise of freedom of contract involves making engage-
ment, which if fulfilled prevents for the time any inconsist-
ent course of conduct. Id.

Legality: Legality of contract for limited liability depends
upon acceptance of parties and upon filed tariff and require-

338

1