A selection of cases on constitutional law

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Preface To Second Edition

The changes and additions which have been thought necessary to bring this collection of cases down to the present time are of three classes :

First. Some cases which have been so explained or limited by the Supreme Court of the United States that they have become misleading as present statements of the law have been eliminated and in their places later cases containing the more recent expositions of the same subjects have been substituted.

Second. A considerable number of recent cases illustrating the application of cases in the text have been referred to by brief statements, in the notes, of the points decided.

Third. Some important recent cases relating to Interstate Commerce, the Government of Annexed Territory, Due Process of Law, and Equal Protection of the Laws, have been added in appendices under proper headings. Except as cases have been eliminated from the text by the substitution of more recent cases on the same subjects, there is no substantial change in the text, new groups of cases being put in the appendices.

EMLIN McCLAIN.

Iowa Citt, September, 1909.

PEEFACE.

The object of this collection of cases is to furnish to the student the means of pursuing the study of constitutional law by the case method. The general outline of the plan of arrangement adopted by Judge Cooley in his " Principles of Constitutional Law" is followed, and in subject-matter the two books correspond chapter by chapter and almost section by section, save that the first two chapters of Judge Cooley's work, which are general and historical, are represented in this collection by two chapters which contain cases relating to the general nature of the Federal Constitution and the relation of the States- to the Federal Government; while the scope of the third chapter is extended to cover some questions which it seems proper to bring together, although in the " Principles " they are treated later in connection with other subjects.

This collection of cases may therefore be used as the sole students' book on the subject, the teacher giving such historical matter as to the origin of constitutional principles and as to the adoption of the constitutional system as he deems necessary ; or it may be used to supplement Cooley's " Principles " and enable the student to read a series of cases illustrative of the text of that work, and thus do more effectively the case reading which any teacher, using the text-book, would like to have his students do in connection with the study of the text. To make the use of this book as an independent work convenient and satisfactory, the Federal Constitution has been reprinted, and a table of contents, a table of cases, and a full index have been given.

It has not been easy to include those important cases which would be looked for in a collection of this kind and with which every student of this subject should become familiar, and at the same time reasonably cover all the subject-matter which should

VIU PREFACE.

come within the scope of a course of instruction. It has been necessary to bear in mind limitations inherent in the fact that only a certain amount of time can be given to the subject in any law-school course. Moreover, many of the important cases are very long, and to print them in full would require not only a large book, but a disproportionate amount of reading on the part of the student. Therefore, while there is a well-founded objection to the abridgment of cases, it has been thought expedient to recognize these limitations, and to put some of the cases into a shorter compass by the omission of the less material parts. In doing this, however, care has been taken not to destroy the essential features of the case or reduce it to a mere statement of abstract principles. The statements of facts have often been shortened by the elimination of matter not necessary to make plain the constitutional questions involved ; but sufficient facts have been preserved in each case to enable the student to understand clearly how the question arises from the facts, as well as enough of the opinion to enable him to follow the reasoning of the court with regard to the facts. In other words, the cases as here presented, even when abridged, have the characteristics of the decisions of courts in cases which have come before them, and are not the mere enunciation of general principles. AU omissions of parts of the opinions are indicated by points, or by inserting explanatory matter in brackets.

Where a connected line of decisions has been found on one particular question it has often been practicable either to give the early leading case, with short extracts from the later eases exemplifying and illustrating the doctrine, or a later case in which the reasoning of the earlier cases is fully set out ; and when a case is thus fully enough stated in another opinion to render it intelligible to the student as a case, it has been included in the table of cases in parentheses, with a referpnce to the page on which it is thus cited. This will frequently enable one using the table of cases to reach the subject-matter of a leading case which he has in mind, even though that case may not be printed in full. The table of cases, however, does not purport to give all the cases cited, but only those which are so fully cited that the statement of them substantially serves as a reproduction of the case itself.

PREFACE. IX

In the matter of dissenting opinions there has been considerable difficulty in reaching a satisfactory conclusion ; but in view of the necessary limits of time and space it has been thought that, on the whole, the reading of the prevailing opinions of the courts is a better exercise for the student than the reading of the dissenting opinions. And while the fact of dissent, if any, is preserved in each case, — and in many cases there is some short extract from the dissenting opinion showing the discrepancy between the reasoning of the majority and the minority of the court, — yet, in general, the opinions of the dissenting judges are not given.

The ground covered by this collection is not restricted to the questions arising under the Federal Constitution, and many subjects are included which involve the usual provisions of State Constitutions as well, the plan of Judge Cooley's book being preserved in this respect as in others. But where opinions of the Supreme Court of the United States bear on the questions which arise under State Constitutions, those decisions have been preferred to the decisions of the State courts on the same questions.

EMLIN McCLAIN.

State University of Iowa,

Iowa City, February, 1900.

Table Of Contents

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Table of Cases xxi

Constitution of the United States xxvii

CHAPTER I. Nature of the Federal Constitution and its Amendments ... 1

McCulloch V. Maryland 1

Barron v. Baltimore • 14

Twining v. New Jersey 17

Slaiighter-House Cases 19

United States v. Cruikshank 31

Civil Rights Cases 37

Rogers v. Alabama 39

CHAPTER II. Relation of the States to the Federal Government 40

Lane County v. Oregon 40

Tarble's Case ■ . . . . 43

Tennessee v. Davis 51

Ex parte Siebold 56

/to re Neagle 65

.^Hauenstein v. Lynham . ~ 72

Davis V. Elmira Savings Bank 76

Section III. The Judicial Department 113 Case of Supervisors of Elections 113

State ex rel. v. Simons . . ' 117

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City of Wahoo v. Dickinson 120

Ex parte Griffiths 122

United States ex rel. v. Duell 125

Harwood v. Wentworth 130

Turnbull v. Giddings 133

CHAPTER rV.

THE LEGISLATIVE DEPARTMENT.

Section I. Taxation 136

a. Subjects of Taxation 136

State Tax on Foreign-held Bonds 136

Kirtland v. Hotchkiss 142

Savings etc. Society v. Multnomah County 146

b. Taxation of Government Agencies 153

The Collector v. Day 153

South Carolina u. United States . . . 157

United States v. Railroad Company 158

Thomson V. Pacific Railroad 162

Railroad Company v. Peniston 166

California v. Central Pacific R. Co 167

Central Pacific R. Co. v. California 169

Bank of Commerce v. New York City 170

Bank v. Supervisors 175

Wisconsin Central R. Co. v. Price County 178

Sayles v. Davis 186

Moore v. Quirk 188

Warren v. Paul 188

c. For Public Purpose 189

Loan Association v. Topeka 189

Kingman v. City of Brockton 195

Blair v. Cuming County 198

Deering v. Peterson 201

Wurts V. Hoagland 203

d. Notice; Uniformity; Special Taxes 205

Kentucky Railroad Tax Cases 205

Kelly V. Pittsburgh 211

French v. Barber Asphalt Pav. Co 215

Veazie Bank v. Fenno 222

e. Direct Taxes 223

Pollock V. Farmers' Loan and Trust Company 223

Section II. Regulation op Commerce 235

a. Extent of Federal Power 235

Gibbons v. Ogden 235

Henderson v. Mayor, &c. of New York 244

Pensacola Tel. Co. v. Western Union Tel. Co 252

Lord V. Steamship Company 256

Hanley v. Kansas City, &c. R. Co 259

The Daniel Ball 260

United States v. E. C. Knight Co 263

United States v. Holliday 270

TABLE OP CONTENTS. XUl

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6. Validity of State Regulations 273

1. Local Provisions; Control of Harbors, Bridges, Dams,

and Ferries 273

Willson V. Blackbird Creek Marsh Company 273

Cooley V. Board of Wardens 275

Pennsylvania v. Wheeling, &c. Bridge Co 282

Escanaba Company v. Chicago 285

Harman v. Chicago 290

United States v. Rio Grande Dam, &c. Co 297

Kansas v. Colorado 302

2. Taxation of Commerce 303

Brown v. Maryland ... 303

Welton V. Missouri 313

Robbins v. Shelby County Taxing Dist 317

Ficklen v. Shelby County Taxing Dist 323

Emert v. Missouri 324

Crutcher v. Kentucky 328

Brown v. Houston 333

American Steel, &o. Co. v. Speed 338

Telegraph Company v. Texas 338

Leloup V. Port of Mobile 341

Philadelphia, &c. S. S. Co. v. Pennsylvania 342

Galveston, &o. R. Co. v. Texas . 349

Adams Express Co. v. Ohio State Auditor 349

3. Exercise of Police Power 355

Railroad Company v. Fuller 355

Lake Shore, &c. R. Co. v. Ohio 357

Chesapeake & O. R. Co. v. Kentucky 366

Houston & Texas Cent. R. Co. v. Mayes 366

Cleveland, &c. R. Co. v. Illinois 366

Railroad Company v. Husen 367

Kimmish v. Ball 371

Brimmer v. Rebman . . 373

Morgan's S. S. Co. v. Louisiana Board of Health 376

Leisy v. Hardin 378

Rhodes v. Iowa 390

American Express Co. v. Iowa 395

Reymann Brg. Co. v. Brister 395

Deiamater v. South Dakota 395

SchoUenberger v. Pennsylvania 396

Collins V. New Hampshire 401

c. Federal Tax on Exports 402

Pace V. Burgess 402

Cornell v. Coyne 404

d. State Tax on Imports or Exports 404

Almy V. California 404

Turner v. Maryland 406

e. State Tax on Tonnage 409

Inman Steamship Co. v. Tinker 409

Packet Co. v. Keokuk 411

Transportation Co. v. Wheeling 416

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Section I. Constitutional Grant op Jurisdiction 617

d. Cases arising under Constitution, Laws, or Treaties of the United

States . . 617

Osborn v. Bank of the United States 617

Pacific Railroad Removal Cases 622

Southern Pacific Railroad Company v. California 624

Bock V. Perkins 626

6. Cases affecting Ambassadors, other Public Ministers, and Consuls . 628

Bors V. Preston 628

c. Cases of Admiralty and Maritime Jurisdiction 635

Waring V. Clarke 635

The Propeller Genesee Chief v. Fitzhugh 648

The Steamboat Magnolia 650

The Robert W. Parsons 652

Ex parte Boyer 653

Manchester v. Massachusetts 655

The Moses Taylor . . • ,. 664

Leon V. Galceran ; . . . 669

d. Controversies to which the United States or a State is a party . . . 673

1. Suits by or against the United States 673

Stanley v. Schwalby 673

United States v. Texas 676

2. Controversies between States 686

3. . Controversies between a State and its own Citizens or

Citizens of another State 686

Ames V. Kansas 686

State of Wisconsin v. Pelican Insurance Company 692

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4. Suits against States 702

Hans V. Louisiana 702

South Dakota v. North Carolina 713

Railroad Company v. Tennessee 718

5. Suits against Officers, Agents, or Agencies of the United

States or a State 720

United States v. Lee 720

Cunningham v. Macon, &c. R. Co 728

e. Cases of Diverse Citizenship 734

Hooe V. Jamieson 734

Ohio & M. R. Co. V. Wheeler 737

Section IL Exercise of Jurisdiction 746

a. Original in Supreme Court 746

6. Appellate 746

Martin v. Hunter's Lessee 746

Ex parte Vallandigham 763

"~ Marbury v. Madison 766

Ex parte Watkins 768

e. By Removal ■ 769

Gaines v. Fuentes 769

Upshur County v. Rich 773

Security Mut. L. Ins. Co. v. Prewitt 773

d. By Habeas Corpus Proceedings 777

Whitten v. Tomlinson 777

e. Grants of Federal Judicial Power to State Courts or Officers .... * 782

Robertson v. Baldwin 782

/. Confficting Jurisdiction of Federal and State Courts 784

Riggs V. Johnson County 784

Section III. The Law Administered 789

a. Following the Law of the State 789

Green v. Neal's Lessee 789

Townsend v. Todd 796

Swift V. Tyson 796

Railroad Co. v. National Bank 800

Pana v. Bowler 801

State Bank v. Knoop 802

Gelpcke v. City of Dubuque 802

Burgess v. Seligman 805

Chicago Union Bank v. Kansas City Bank 811

Etheridge v. Sperry 812

6. Common Law in Federal Jurisprudence 812

Smith V. Alabama 812

Western Union Tel. Co. v. Call Pub. Co 814

TABLE OP CONTENTS. XVII

Chapter XIII. Civil Rights And Theie Guakanties

Section I., Religious Liberty 879

Pfeiffer v. Board of Education 879

State ex rel. v. District Board 882

Reynolds v. United States 883

Section II. Security op the Dwelling, and of Persons and PapeSs . 885

Boyd V. United States 885

Section III. Prohibition op Slavery 891

Robertson v. Baldwin 891

Section IV. The Guaranties op Lipe, Liberty, and Equality . . 895

a. Due Process of Law 895

Murray's Lessee v. Hoboken Land, &c. Co 895

Ex parte W&\\ ■ 903

Hurtado t). California 905

6. Equal Protection of the Laws 917

Yick Wo V. Hopkins 917

Soon Hing v. Crowley 921

Gulf, &c. R. Co. V. Ellis 922

Hayes v. Missouri 923

Pembina Min. Co. v. Pennsylvania 923

Home Ins. Co. v. New York 924

c. The Police Power 925

Barbier v. Connolly 925

Holden v. Hardy 929

People V. Havnor 932

Ex parte Jentzsch 933

Ritchie v. State 933

Dent V. West Virginia 934

Mugler V. Kansas 938

Munn V. Illinois 946

Budd V. New York 951

Spring Valley Water Works v. Schottler 953

Smyth V. Ames 954

CHAPTER XV. Protection to Persons Accused op Crime 980

Calder v. Bull 980

Kring V. Missouri 983

Thompson v. Utah 984

Mackin v. United States . 985

Hallinger v. Davis 987

Harris v. People 989

Brown ti. Walker, 990

Mattox V. United States 995

Section I. Laws Impairing the Obligation op Contracts .... 998

Woodruff V. Trapnall 998

McGahey v. Virginia 1001

Murray v. Charleston 1002

Salt Co. V. East Saginaw 1003

Fisk V. Jefferson Police Jury 1005

Trustees of Dartmouth College v. Woodward 1006

The Binghampton Bridge 1011

Delaware Railroad Tax 1012

Pennsylvania College Cases ... 1013

Beer Co. v. Massachusetts 1014

Douglas V. Kentucky 1016

New Orleans Gas Co. V. Louisiana Light Co 1017

Georgia Railroad & Banking Co. o. Smith 1019

East.Hartfordv. Hartford Bridge Company 1021

Morley D. Lake Shore, &c. Co 1023

McCrackin v. Hayward 1026

Gunn V. Barry . 1029

Terry v. Anderson 1029

Mitchell V. Clark 1029

Section II. Protection to Property 1030

Pennoyer v. Neff 1032

Amdt V. Griggs 1037

Cunnius v. Reading District 1038

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Goshom V. Purcell 1041

Brinton v. Seevers 1042

Mattingly v. District of Columbia 1043

Campbell v. Holt 1044

Louisiana ex rel. v. Mayor of New Orleans 1047