5. Regulating Order of Arguments of Counsel.— A criminal code provision that "the district attorney or other counsel for the people must open and the district attorney may conclude the argument," is not an ex post facto law as applied to past offenses, when at the time of the commission of the offense the criminal practice Act provided that, where there were two counsel on each side, they must alternate in their argument to the jury. Such a change in the law is one on a mere form of procedure.

People v. Mortimer, (1873) 46 Cal. 117.

6. Making Judges Instead of Jurors Judges of the Law. A statute repealing the law providing that " juries in all cases shall be judges of the law and the fact " is not an ex post facto law. The procedure only has been changed, the only change in the law being to provide another tribunal to pass upon the law of the case.

Marion v. State, (1886) 20 Neb. 248, 29 N. W. 911, 57 Am. Rep. 825.

7. Regulating Appeals. A law granting the right of appeal to the state is not an ex post facto law within the meaning of the Constitution.

Mallett v. North Carolina, (1901) 181 U. S. 593, 21 S. Ct. 730, 45 U. S. (L. ed.) 1015.

A statute which relates to proceedings on writs of error in criminal cases is not an ex post facto law. It relates solely to remedies.

Jacquins v. Com., (1852) 9 Cush. (Mass.) 278.

ARTICLE I, SECTION 10

"No state shall * *

pass any

* *

* law impairing the obligation of contracts, or grant any title of nobility."

I. LIMITATION ON THE POWER OF THE STATES, 948.
II. POLICE POWERS, 950.

1. In General, 950.

2. State Cannot Divest Itself of Police Power, 956. III. POWER OF TAXATION, 957.

1. In General, 957. ·

2. Succession or Inheritance Taxes, 959. IV. POWER OF EMINENT DOMAIN, 959. V. CONTRACTS PROTECTED, 961.

1. In General, 961.

2. Whoever the Parties, 962.

3. Must Be a Valid Contract, 962.
4. Necessity for Mutual Assent, 963.

5. Necessity for Consideration, 963..

6. Implied Contracts, 965.

7. Executory and Executed Contracts, 965.

8. Extraterritorial Contracts, 965.

9. Legal Contracts Between Citizens of Rebel States, 965.

10. Right of Action for Tort, 966.

11. Contracts of States, 966.

a. In General, 966.

b. Contracts for Purchase of Public Lands, 970.

c. Lease of State Land, 971.

d. State Bonds, 971.

e. Suits Against the State, 973.

f. Constitutions and Statutes as Contracts, 975.
(1) A Constitution as a Contract, 975.

(2) A Statute as a Contract, 976.

12. Contracts of Municipal Corporations, 979.

a. In General, 979.

b. Contracts Made on Faith of Taxation, 981.

c. Municipal Bonds, 984.

(1) In General, 984.

(2) Remedies of Bondholders, 985.

d. Changes of Local Government, 987.

13. Charters of Municipal and Public Corporations as Contracts, 989.

a. In General, 989.

b. Municipal Corporations, 990.

c. Counties, 993.

d. School Districts, 993.

e. State Banks, 994.

f. Public Navigation Corporation, 995.

g. State Agricultural College, 996.

14. Charters of Private Corporations as Contracts, 996. a. In General, 996.

b. Admission of Foreign Corporation, 1000. ·

c. Organized under General Law, 1001.

d. Charter Granted by Territorial Governments, 1002

e. Subject to Reasonable Regulations, 1002.

f. Dissolution of Corporation, 1003.

g. Absolving Individual Liability by Incorporation, 104.
h. Power to Amend Charters, 1004.

(1) In General, 1004.

(2) Reserved Power to Amend or Repeal Charters, 1005. (a) In General, 1005.

(b) By a Constitutional Provision, 1010.

(c) By a General Statute, 1012.

(d) By a Charter Provision, 1014.

(e) By a Municipal Ordinance, 1015.

(3) Impairing Vested Rights, 1015.

i. Exemption from or Limitation of Taxation, 1017.

j. Effect of Assignment of Property and Franchises, 1029.
(1) As to Exemptions and Exclusive Privileges, 1029.
(2) As to Rights of Existing Creditors, 1032.

k. Construction of Grants of Exclusive Privileges and Exemption

from Taxation, 1032.

1. Abuse of or Failure to Exercise Privilege, 1036.

m. Effect of Expiration of Franchise, 1036.

15. Liability of Stockholders, 1036.

16. Bonds of Private Corporations, 1038.

17. Of Railroad Companies, 1039.

a. Exclusive Privileges, 1039.

b. Subject to Operation of General Laws, 1040.

c. Municipal Control, 1042.

d. Regulation of Railroad Rates, 1045.

(1) In General, 1045.

(2) When Subject to Legislative or Municipal Control, 1047.

(3) When Not Subject to Legislative or Municipal

Control, 1049.

e. Municipal Aid to Construction of Railroad, 1050.

f. Establishing Railroad Commissions, 1051.

g. Liability of Railroad for Negligence, 1052.

h. Invalidating Relief Department Contracts, 1052.

i. Location of Station, 1052.

j. Paving Part of Street Occupied by Track, 1052.

k. Contract Between Railroads as to Guarding Crossing, 1053.

10 F. S. A.-31

1. Grants of and Right to Occupy Public Land, 1053.
m. Erection of Bridge, 1054.

18. Of Waterworks Companies, 1054.

a. Grant of Franchise, 1054.

b. Grant of Exclusive Privilege, 1055.

c. Erection of Competing Municipal Plant, 1056.
(1) When Not Exclusive of Power of City, 1056.
(2) When Exclusive of Power of City, 1057.

d. Service Connections at Expense of Company, 1059.
e. Regulation of Water Rates, 1059.

19. Of Lighting Companies, 1060.

a. In General, 1060.

b. Power of City to Erect Lighting Plant, 1061.
c. Regulation of Lighting Rates, 1062.

20. Of Telegraph and Telephone Companies, 1063.
a. In General, 1063.

b. Regulation of Rates, 1064.

21. Of Insurance Companies, 1064. 22. Of Banking Companies, 1067. a. In General, 1067.

b. Taxation of Banks, 1070.

23. Of Turnpike Companies, 1071.
24. Of Bridge Companies, 1073.
a. Grant of Franchise, 1073.

b. Grant of Exclusive Privilege, 1073.

c. Stipulations to Maintain Draws, 1075.
d. Regulation of Tolls, 1076.

25. Of Ferry Companies, 1077.

a. Grant of Franchise, 1077.

b. Grant of Exclusive Privilege, 1077.

c. Regulation of Rates, 1078.

26. Of Irrigation Districts, 1078.

27. Of Navigation Companies, 1078.

28. Of Building and Loan Associations, 1079.

29. Of Safe Deposit Companies, 1079.

30. Of Cemetery Associations, 1080.

31. Of Educational and Charitable Institutions, 1080.

32. Of Religious Societies, 1084.

33. Of Local Organization Chartered by Foreign Corporation, 1084.

34. Tenure and Compensation of Public Officers, 1084.

35. Mortgagor and Mortgagee, 1087.

36. Judgments, 1088.

37. Interest, 1091.

38. Liens, 1093.

39. Licenses, 1094.

40. Marriage, 1095.

41. Diversion of Water by Riparian Owner, 1097.

42. Taxation of Use of Trading Stamps, 1097.
43. Lottery Franchises, 1097.

44. Contracts Vel Non in Sundry Instances, 1098. VI. WHAT CONSTITUTES THE OBLIGATION, 1103.

1. In General, 1103.

2. In Light of Existing Law, 1104.

3. Means of Enforcement, 1105.

4. Distinction Between Obligation and Remedy, 1105.

VII. LAWS AFFECTING CONTRACTS, 1106.

1. Laws Presumed Prospective, 1106.

2. What Retrospective Laws May Be Passed, 1106.
3. Partial Invalidity of Statute, 1107.

4. Sources of Laws Affecting Contracts, 1107.
a. Constitutions and Statutes, 1107.

b. Municipal Ordinances, 1108.

c. Enacted after Making Contract, 1109.

d. Judicial Decisions and Administrative Acts, 1110.

e. As to An Order by Railroad Commission, 1112.

VIII. WHAT CONSTITUTES IMPAIRMENT, 1113.

1. In General, 1113.

2. Imposing Conditions on Foreign Corporations, 1115.

3. Curative Statutes, 1116.

4. Statutes of Limitations, 1116.

5. Exemption Laws, 1118.

6. Stay Laws, 1120.

7. Redemption Laws, 1121.

8. Recording Acts, 1123.
9. Appraisement Laws, 1124.
10. Betterment Acts, 1124.

11. Insolvency Laws, 1125.

a. As to Existing Debts, 1125.

b. As to Subsequent Debts, 1126.

c. As to Nonresidents, 1127.

12. Abolishing Imprisonment for Debt, 1129.
13. Power to Change Remedy, 1129.

a. In General, 1129.

b. Changing Rules of Evidence 1134.

c. Regulation of Courts, 1136.

d. Mandamus, 1137.

e. Attachments and Garnishments, 1137.

14. Impairment Vel Non in Sundry Instances, 1137.

IX. JURISDICTION OF FEDERAL COURTS, 1140.

1. Existence of Contract and Question of Impairment, 1140.

2. Jurisdiction in Equity, 1143.

X. WHO MAY INVOKE CONSTITUTIONAL QUESTION, 1144. 1. In General, 1144.

2. Waiver of Unconstitutionality, 1145.