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PREFACE.

THE wide interest in Constitutional Law may cause this volume to reach some readers unacquainted with the case system of study. Hence it seems necessary to explain that this collection of cases is intended not to accompany a treatise but to serve as the basis for independent work. Before each class exercise the student is expected to master fifteen or twenty pages, fitting himself to state how the problems arose and to express clearly the doctrines necessarily involved in the decisions. There are several methods of studying cases effectively. One successful method is to mark in distinctive ways the essential facts of each case, the passages indicating the points upon which the decision turned, and other passages worthy of comment, and then to place at the beginning of the case a short syllabus, giving in a sentence or two the reader's own phrasing of the ratio decidendi. Thus before work in the classroom the student puts much of himself into the book. The margins permit making notes of classroom discussion. Besides, if there be time and inclination for further study, by inserting an occasional sheet of interleaving paper the volume may be enriched with matter derived from cases cited in the footnotes or discovered by the student himself. There is no reason why use should not be made of digests, treatises, and other aids to investigation; and with or without those collateral aids the volume may be made an adequate record of the student's work and the basis for that short treatise which many a student prepares for himself. It is no waste to annotate a volume in the way described. Thus grew Coke's First Institute, known even to laymen as Coke upon Littleton; and the permanent record of either a student's or a lawyer's work in Constitutional Law may well take the form of annotations upon decisions.

The literature is so vast that this collection presents only the famous cases and such of the others as may serve the ordinary purposes of the classroom. The reader with scholarly tastes is expected, as has already been indicated, to make investigations of his own; and to that end he should search the original reports and make large use of the celebrated collection which for twenty years formed the basis of the instruction at this Law School Thayer's Cases on Constitutional Law.

In editing the cases, new statements have usually been prepared, and, save as otherwise indicated, arguments of counsel have been omitted. Omissions in opinions have been indicated by dots. In the first chapter of Book I. an attempt has been made to reproduce punctuation and capitalization exactly, to the end that the reader may ascertain what importance attaches to changes in capitalizing Constitution, Congress, and other words. The same attempt has been made in printing the Articles of Confederation and the Constitution; and it is hoped that the student will examine those documents with unusual care, ascertaining for himself whether the Constitution was a revision of the Articles, and forming the habit of beginning every constitutional investigation by examining the words, context, and origin of the pertinent provision of the Constitution.

It is pleasant to recall that the year in which this volume appears marks the completion of a century and a quarter of active service by the United States Supreme Court, and that consequently this is an appropriate time to publish a collection of cases which aims to promote intelligent appreciation of the way in which the labors of that court have developed the chief contribution of our country to law and to the science of government — the Constitutional Law of the United States.

EUGENE WAMBAUGH.

Law SCHOOL OF HARVARD UNIVERSITY,

April 9, 1915.

TABLE OF CASES.

(IN THE FOUR BOOKS.)

PAGE

PAGE Ableman 1. Booth

135
Fleming r. Page

201 Addyston Pipe and Steel Co. v. United

Fletcher 3. Peck

269 States

1039
Foster v. Davenport

928 American Insurance Co. o. Canter 191 Foster o. Neilson

38 American Publishing Co. v. Fisher 227 Fox . State of Ohio

846 American School of Magnetic Healing Fraternal Mystic Circle u. Snyder 422 t. McAnnulty

82 American Smelting & Refining Co. o. Garland, Er parte

433 Colorado 418 Gassies d. Ballon

524 Gelpcke v. Dubuque

342 Bailey o. Alabama 520 Geofroy v. Riggs

215 Baltimore & Susquehanna R. Co. 8. German Alliance Ins. Co. o. Lewis 756 Nesbit 332 Gibbons o. Ogden

867 Barbier v. Connolly 656 Green v. Biddle

293 Barron e. Baltimore 469 Greenwood 7. Freight Co.

381 Bartemeyer 0. Iowa 651 Gunn o. Barry

359 Beers v. Arkansas 338 Gut 1. The State

437 Binns v. United States

249 Bowman 0. Chicago & Northwestern Hall o. De Cuir

967 Ry. Co.

1006 Hanley v. Kansas City Southern Ry. Bradwell o. The State 537 Co.

1042 Bronson o. Kinzie 322 | Hawaii t. Mankichi

244 Brown o. Maryland 886 Hawker v. New York

454 Butler c. Pennsylvania 335 Hawthorne v. Calef

346 Hayburn's Case

22 Calder ». Bull 425 Hepburn v. Ellzey

188 Callan 1. Wilson 210 Hodges o. United States

516 Campbell z. Hall 16 Holden o. Hardy

686 Cannon 7. New Orleans 812 Hollingsworth t. Virginia

111 Central Land Co. o. Laidley 396 Holmes v. Walton

21 Central Lumber Co. o. South Dakota 721 | Hopt v. Utah

447 Charles River Bridge r. Warren Bridge 314 Houston, East & West Texas Ry. Co. Cherokee Nation o. Georgia

196
1. United States

1060 Chicago r. Sturges 711 Hurtado v. California

587 Chisholm 3. Georgia 104 Hylton 1. United States

793 Christ Church v. Philadelphia

340 Civil Rights Cases

634 International Harvester Co. 0. KenClaflin v. Houseman 154 tucky

727 Clark's Case

3 International Harvester Co. 0. MisClyatt v. United States

souri

724 Coe o. Errol

981
Jacobson 0, Massachusetts

694 Cohens 1. Virginia

130

Jeffrey Manufacturing Co. o. Blagg 730 Collector c. Day

148 Conway o. Taylor 930 Kansas 0. Colorado

176 Cooley r. Board of Wardens of Port of Kawananakoa v. Polyblank

262 Philadelphia 913 Kendall o. United States

42 Coppage 1. Kansas

735 Kennard v. Louisiana ex rel. Morgan 574 Coyle . Smith 184 Kilbourn v. Thompson

72 Craig v. Missouri 842 | Kirtland v. Hotchkiss

768 Crutcher o. Kentucky 1026 Knowlton v. Moore

826 Kohl v. United States

151 Daniel Ball, The 946 Kring v. Missouri

439 Dartmouth College v. Woodward

279 Davidson v. New Orleans 577 Lawton v. Steele

680 Debs, In re 1030 Legal Tender Cases

849 Den, d. Murray, o. Hoboken L. & I. Co. 564 Leisy v. Hardin

1010 Downes . Bidwell 229 License Tax Cases

799 Duke of York's Claim 1 Ling Su Fan o. United States

864 Loan Association v. Topeka

763 Eilenbecker 0. District Court of Ply- Lochner . New York

701 mouth County 595 Lord v. Steamship Company

979 Elk . Wilkins 550 Lottery Case

1046 Employers' Liability Cases 1054 Low 1. Austin

950 Eubank v. Richmond 718 | Luther v. Borden

46 vii

513

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