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Thomas Johnson Michie.

The encyclopedia of United States Supreme court reports; being a complete encyclopedia of all the case law of the federal Supreme court up to and including volume 259 U. S. Supreme court reports (book Lawyers' ed., and volume 42 Supreme court reporter) under the editorial supervision of Thomas Johns online

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Online LibraryThomas Johnson MichieThe encyclopedia of United States Supreme court reports; being a complete encyclopedia of all the case law of the federal Supreme court up to and including volume 259 U. S. Supreme court reports (book Lawyers' ed., and volume 42 Supreme court reporter) under the editorial supervision of Thomas Johns → online text (page 1 of 154)
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THE

ENCYCLOPEDIA



OF



UNITED STATES SUPREME
COURT REPORTS



BEING A



Complete Encyclopedia of All the Case Law of the Federal
Supreme Court up to and including Volume 206 U. S.
Supreme Court Reports (Book 51 Lawyers' Edition)



UNDER THE EDITORIAI. SUPERVISION O^

THOMAS JOHNSON MICHIE



Volume IX



THE MICHIE COMPANY, I.AW PUBUSHERS

CHARW)TTESVILI.E, VA.

1910



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Copyright 1910

BY

The Michie Company

369877



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TABLES OF TITLES AND WORDS AND PHRASES.



L TITLES.



Italics indicate cross-refersnces.



Pardon, i.

Parent and Chud, 9.

Pari Delicto, 10.

Parks and Squares, 10.

Parliamentary Law, 11.

Parol Agreements, 11.

Parol Evidence, 12.

Partial Assignment, 33.

Partial Loss, 33.

Particeps Criminis, 33.

Parties, 34.

Partition, 66.

Partnership, 73.

Part Owners, 133.

Part Payment, 133.

Part Performance, 13a.

Party Aggrieved, 133.

Party Walls, 134.

Pass, 134.

Pass Book, 134.

Patents, 136.

Paupers, 318.

Pavements, 318.

Pawn, 318.

Paymaster, 318.

Payment, 319.

Payment into Court, 350.

Payrolls of Supervisors of Elections, 353.

Pecuniary Legacies, 353.

Peddler, 353.

Pedigree, 353.

Penal Law or Statute, 356.

Penalties and Forfeitures^ 357.

Penitentiaries, 370.

Pennsylvania, 370.

Pensions, 371.

Percolating Waters, 383.

Per Diem, 383.

Peremptory Challenge, 383.

Peremptory Instructions, 383.

Peremptory Mandamus, 383.

Peremptory Nonsuit, 383.

Perform — Performers, 383.

Period, 384.

Perjury, 385.

Permanent Alimony, 391.



Permanent Injury, 391.

Permit, 392.

Perpetual Injunction, 392.

Perpetual Lease, 392.

Perpetuation of Testimony, 392.

Perpetuities, 392.

Personal Action Dies with Person, 396.

Personal Injuries, 396.

Personal Judgment, 396.

P^r Stirpes, 396.

PeffV /Mry, 397.

Petition, 397.

Petitory Actions, 397.

P^t/f Oj^c^r, 397.

Petroleum, 397.

P^WJ, 397.

Pharmacists, 397.

Philippine Islands, 397.

Phosphate, 397.

Photographs, 397.

Physical Examination, 397.

Physicians and Surgeons, 398.

PtV«, 398.

Pilots, 399.

Pin^^, 410.

Pio«j G^i/^ 410.

Piouj t/^^J, 410.

P»>^ Linej, 410.

Piracy, 411.

P/ac^ o/ TWa/, 416.

Plate Glass Insurance, 417.

Plats, 417.

Pleading, 418.

P/ea^ in Abatement, 457.

Pledge and Collateral Security, 458.

Plene Administravit, 467.

Plenipotentiaries, 467.

P/mhVj W^n'f, 467.

Point, 467.

Poisons and Poisoning, 467.

Po/fc^, 467.

Police Power, 468.

Policy Slips, 547.

Poll, 547.

Political Facts, 547.

Political Opinions, 547.



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IV



TABLE OF TITLES.



Political Questions, 547.

Political Status, 547.

Political Offenses, 547.

Pollution, 547.

Polls, 547.

Polygamy, 548.

Ponds, 548.

Pooling Agreements, 548.

Poor and Poor Laws, 548.

Positive Evidence, 548.

Possession, Writ op, 549.

Possessory Action, 549.

Postage Stamps, 549.

Postal Laws, 550.

Posthumous Child, 587.

Postmaster, 587.

Posting Rates, 587.

Postnuptial Contracts or Settlements, 587.

Postoffice, 587.

Postponement, 587.

Poj/ /^oarfj, 587.

Pottawatomies, 587.

Powers, 588.

Powers of Attorney, 609.

Pr<Bcipe, 609.

Prayer for Process, 609.

Prayers for Relief, 609.

Preamble, 609.

Precatory Trusts, 609.

Precedent, 609.

Pre-Bmption, 609.

Preferences, 610.

Preferred Stock, 610.

Prejudice, 610.

Preliminary Examination, 610.

Preliminary Proof, 610.

Premature Suits, 610.

Premium, 611.

Preponderance of Evidence, 611.

Prescription, 611.

Presence of Accused, 613.

Presence of the Court, 613.

Presentation of Claims, 613.

Presentment, 613.

Presidential Electors, 613.

President of Corporations, 613.

President op the United States, 614.

Presumptions and Burden op Proop, 618.

Pretermitted Child, 639.

Prevailing Party, 639.

Prices, 639.

Prima Facie, 639.

Primary and Secondary Evidence, 639.

Principal and Accessory, 639.

Principal and Agent, 640.

Principal and Surety, 713.

Principle of a Machine, 728.



Printing, 728.

Priorities, 728.

Prisons and Prisoners, 729,

Private, 732.

Private Act or Statutes, 732.

Private Conveyances, 732.

Private Corporation, 732.

Privateer, 732.

Private Examination, 733.

Private International Law, 733.

Private Land Claims, 733.

Private Nuisance, 733.

Private Sale, 733.

Private Survey, 733.

Private Ways, 733.

Privilege, 734.

Privileged Communications, 740.

Prize, 744.

Probate Court, 785.

Prodedendo, 785.

Process, 786.

Prochein Ami, 787.

Proclamation, 787.

Production op Documents, 788.

Propert and Oyer, 793.

Pro/i^ /I Prendre, 796.

Pro Forma Judgment or Decree, 797.

Prohibit, 797.

Prohibition, 798.

Promissory Notes, 813.

Promissory Warranties, 813.

Promoter, 813.

Promotion, 813.

Proof of Loss, 813.

Proo/ o/ 0//i^r Crimes, 813.

Propounding, 815.

Prosecuting and District Attorneys, 815.

Prospective Damages, 815.

Protest, 816.

Provided, 816.

Province of Court and Jury, 816.

Provisions, 816.

Proxies, 816.

Proximate Cause, 816.

Prudence, 816.

P«6/iV ^»rf, 816.

PttWic Blockade, 817.

Pttfr/fc Buildings, 817.

Pm^/ic Charity, 817.

P«&/iV Contracts, 817.

Public Conveyance, 817.

Public Corporations, 817.

Public Enemy, 817.

Public Documents, 817.

Pttfr/ic Pttnd^, 817.

Public Highways, 817.

Public Improvements, 817.



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II. WORDS AND PHRASES.



Italics indicate cross-references.



Parish Church, 10.

Parochial Church, 11.

Part, 33.

Particular Average, 33.

Particular State, 33.

Party Rate Tickets, 133.

Passage Money, 134.

Passenger, 134.

Passport, 134.

Patent, 135.

Patent and Latent Ambiguity, 135.

Patent to Land, 317.

Pay, 318.

Pebbles, 353.

Peltry, 356.

Penal, 356.

Pending, 370.

Peonage, 382.

People, 383,

Per Capita, 383.

Perfect, 383.

Perils op the Sea, 383.

Periodical, 384.

Periodical Overflow, 384.

Permanent—Permanently, 391.

Persist, 395.

Person, 395.

Personal Effects, 396.

Personal Liberty, 396.

Personally Known, 396.

Personal Property, 396.

Personal Representatives, 396.

Personal Security, 396.

Personal Tax, 396.

Personal Warranty, 396.

Persuade, 396.

Pertain, 397.

Pertenencia, 397.

Philosophical Apparatus, 397.

Pin, 410.

Pioneer, 410.

Place, 416.

Placers, 416.

Plain Woolen Goods, 416.

Plank Roads, 416.

Plant Cane, 416.

Planting, 417.

Policy of Insurance, 547.



polygamist, 548.

Pool, 548.

Porcelain Ware, 648.

P(«T, 548.

Porto Rico, 548.

Possessed, 548.

Possession, 548.

Post, 549.

Power, 587.

Practice, 609.

Precinct, 609.

Predecessor, 609.

Prefect, 609.

Prerogative Courts, 610.

Prescribe, 610.

Presumptive Notice, 638.

Previously Patented, 639.

Principal Challenge, 728.

Print, 728.

Private Property, 733.

Private Wharf, 733.

Private Wrong, 733.

Privy— Privity, 733.

Privileges and Immunities, 743.

Prize and Capture, 785.

Prijse Money, 785.

Probable Cause, 785.

Probate, 785.

Procedure, 785.

Proceeding, 785.

Proceedings in Rem and in Personam, 786.

Proceeds, 786.

Process of Law, 786.

Pro Confesso, 787.

Procurador Del Comun, 787.

Procuration, 787.

Procure, 787.

Producer, 787.

Profession, 796.

Profits, 796.

Proper, 813.

Property, 813.

Proprietary — Proprietor, 815.

Prosecute — Prosecution, 815.

Prospective Right, 815.

Protect— Protection, 815.

Proving a Will, 816.

Provisional, 816.



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vi TABLE OF WORDS AND PHRASES.

Proviso, 816. Pubuc Grant, 817.

Provost Court, 816, Public Grounds, 817.

Proximity, 816. Pubuc Interest, 817.

Publication, 817. Public Journal, 818.
Public Domain, 817.



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Encyclopedia of United- /Sta.tcs Supreme

Court Reports:* ■/*•



PARDON.

BY BEIRNE STEDMAN.

L Deflnitions, Classification and Distinctions, 3.

A. Definitions, 3.

1. Pardon, 3.

2. Amnesty, 3.

3. Reprieve, 3.

B. Classification of Pardons, 3.

C. Distinctions, 4.

n. Pardoning Power, 4.

A. By Whom Exercised, 4.

1. The President, 4.

2. Congress, 4.

3. Governors of the States, 4.

B. When Power May Be Exercised, 4.

C. Nature and Extent of Power, 4.

1. In General, 4.

a. Nature, 4.

b. Extent, 5.

2. Conditional Pardons, 5.

3. Commutation of Sentence, 5.

4. Reprieves, 5.

5. Offenses Pardoned, 5.

6. As to Fines, Penalties and Forfeitures, 5.

D. Construction of Power, 6.

m. Form and Bequisites, 6.
IV. Oonstraction of Pardons, 6.
V. Operation and Effect, 6.

A. Time of Taking Effect, 6.

B. Obliteration of Offense, 6.

C. Retrospective Operation, 6.

D. Release from Punishment, 7.
EX Penalties and Forfeitures, 7.

1. Pardon Prior to Conviction, 7.

2. Pardon Subsequent to Conviction, 7.

a. In General, 7.

b. Civil Rights, 7.

c. Restoration of Property, 7.

d. Restoration of Offices Forfeited, 8.

VI. Conditional Pardons and Reprieves, 8.
A. Conditional Pardons, 8.
1. In General, 8.



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2 PARDON.

2. Power to Grant, 8. . *; * . ;

3. Acceptance, 8. >, *•,

4. Operation and E^^t-of Compliance with Conditions, 8.
B. Reprieves, 8.

1. Power to,Ota&t, *8*

2. When OranVd; 8.

Vn. Pleading, 9,

CROSS REFERENCES.

See tJietHfcfS Abandonkd and Captured Property, vol. 1, p. 1; War.

-4* ta -effect of pardon granted to persons who participated in the rebellion,
ae^ '^e' title Abandoned and Captured Property, vol. 1, p. 9. As to effect of
paVdon granted after two years from the suppression of the rebellion, see the
title Abandoned and Captured Property, vol. 1, p. 11. As to validity of an
act providing that pardon shall not give right to a claim for captured and
abandoned property, see the title Abandoned and Captured Property, vol. 1,
p. 9. As to pardon dispensing with proof of loyalty in an action to recover
abandoned and captured property, see the title Abandoned and Captured Prop-
erty, vol. 1, pp. 8, 9. As to the effect of the president's proclamation of De-
cember, 1868, granting pardon and amnesty, see the titles Abandoned and Cap-
tured Property, vol. 1, p. 9; War. As to right of accomplice turning state's
evidence to immunity from prosecution, see the title Accompuces and Acces-
sories, vol. 1, p. 68. As to whether the president's proclamation and pardon of
December 25, 1868, included aliens, see the titles Abandoned and Captured
Property, vol. 1, p. 9; Auens, vol. 1, p. 218. As to whether the power of a
governor of a state to grant a reprieve to a condemned criminal is reviewable by
the federal supreme court on writ of error, see the title Appeal and Error, vol.
1, p. 636. As to effect of president's proclamation of pardon and amnesty of
December 8, 1863, on the liability of a vessel seized for breach of blockade, see
the title Bu>ckade; vol. 3, p. 379. As to legislative encroachment upon the par-
doning power of the executive, see the title Constitutional Law, vol. 4, p. 278.
As to authority of district attorney to promise immunity to an accomplice turn-
ing state's evidence, see the title E)istrict and Prosecuting Attorneys, vol. 5,
p. 400. For due process of law as to reprieves, see the title Due Process of
Law, vol. 5, p. 550. As to whether a statute authorizing nonjudicial persons to
exercise the pardoning power infringes the right to due process of law, see the
title Due Process of Law, vol. 5, p. 544. As to whether a public proclamation
of the president's granting pardon and amnesty has the force of public law, see
the title Judicial Notice, vol. 7, p. 672. As to whether courts will take judicial
notice of a pardon by private deed, see the title Judicial Notice, vol. 7, p. 672.
As to publication of proclamation of amnesty, see the title President of the
United States. As to whether the refusal of a state court to recognize the
validity of an alleged pardon is ground for the removal of a case from the state
court into the federal courts, see the title Removal of Causes. As to effect of
the amnesty proclamation of the president of September 7, 1867, on proceedings
against property seized under the confiscation laws, see the title War. As to
effect of the amnesty and pardon proclamation of December 25, 1868, on prop-
erty already confiscated but not condemned ; on proceeds of property previously
sold under the confiscation laws; on the rights of a person not engaged in the
insurrection to the restoration of property forfeited under the nonintercourse
laws; on the confiscation act of 1862, see the title War. As to the effect of
pardon on the right to property sold under the confiscation laws and vested in
third, persons, see the title War. As to effect of a pardon and amnesty granted
by the president on the act of congress, 1867, 14 Stat, at Large 571, barring the
claim of the one pardoned to property confiscated, see the title War. As to the
extent a claimant of property seized under the confiscation act is entitled to the
benefit of the amnesty proclamation of December 8, 1863, see the title War.



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PARDON.



As to effect of a conditional pardon that recipient shall claim no property sdd
under confiscation laws, see the title Wak. As to effect of pardon received
while proceedings were pending for the confiscation of the property of the one
pardoned, see the title War. As to effect of a full pardon by the president for
all offenses committed by the owner of property seized tmder the confiscation
laws, see the title War. As to whether a pardon before a sentence of con-
demnation relieves the recipient from the consequences of his assent to the un-
lawful use of his property, see the title War. As to the effect of a pardon in
restoring the competency of a witness, see the title WiTNESSKS.

I. DeflnitionSy Olassifloation and Distinctions.

A. Deflnitions — 1. Pardon. — ^"Pardon" is a word familiar in conrnioin-law
proceedings, but it is not a term peculiar to such proceedings, and applies to the
ordinary intercourse of men.^ The meaning of the word "pardon" in common
parlance, is forgiveness, release and remission.* The term "pardon" in a legal
sense means "an act of grace, proceeding from the power intrusted with tibe
execution of the laws, which exempts the individuals, on whom it is bestowed,
from the punishment tfielaw inflicts for a crime he has committed.*

Ctonstmction of Word "Pardon." — The word pardon has the same meaning
as prevailed here and in England at the time it found a place in the constitution.*

2. Amnesty. — ^Amnesty is an act of the sovereign power granting a general
pardon for a past offense. It is rarely, if ever, exercised in favor of single in-
dividuals, but is usually exerted in behalf of certain classes of persons, who are
subject to trial, but have not yet been convicted.* For the history of the proclama-
tions of pardon and amnesty of 1863, 1868, see cases cited below.^

3. Reprieve. — A reprieve is an order of the executive delaying the exectition
of a judicial sentence.®

B. Olassiflcatioii of Pardons. — Pardons are general, special, or particular^
conditional or absolute, statutory, not necessary in some cases, and in some
grantable of course.*



1. ••Pardon" defined.— Ex parte Wil-
liam Wells, 18 How. 307, 321, 15 L. Ed,
421, dissenting opinion.

2. Meaning in common parlance.—
^'Forgiveness for an offense, whether it
be one for which the person committing
it is liable in law or otherwise. Release
from pecuniary obligation, as where it is
said, I pardon you your debt. Or it is
the remission of a penalty, to which one
may have subjected himself by the non-
performance of an undertaking or con-
tract, or when a statutory penalty in
money has been incurred, and it is re-
mitted by a public functionary having
power to remit it." Ex parte William
Wells, 18 How. 307, 309, 15 L. Ed. 421.

3. Meaning in legal sense. — United
States V. Wilson, 7 Pet. 150, 160, 8 L. Ed,
640; Brown v. Walker, 161 U. S. 591, 638,
40 L. Ed. 819, dissenting ' opinion.

"A pardon is an act of grace by which
an offender is released from the conse-
quences of his offense, so far as such re-
lease is practicable and within control of
the pardoning power, or of officers under
its direction." Knote v. United States,
95 U. S. 149, 153, 24 L. Ed. 442; Illinois
Cent. R. Co. v. Bosworth, 133 U. S. 92,
104, 33 L. Ed. 550.

Coke's definition^— "A pardon is said by
Lord Coke to be a work of mercy,



whereby the king, either before attainder,
sentence, or conviction, or after, for-
giveth any crime, offense, punishment,
execution, right, title, debt, or duty, tem-
poral or ecclesiastical (3 Inst. 233)." Ex
parte William Wells, 18 How. 307, 311,
15 I^. Ed. 421.

4. Construction of word •'pardon." — Ex
parte William Wells, 18 How. 307, 311, 15
L. Ed. 421. See, on the general rule of
construction, Cathcart v. Robinson, 5 Pet.
264, 280, 8 L. Ed. 120. See, generally, the
title INTERPRETATION AND CON-
STRUCTION, vol. 7, p. 257.

6. Amnesty defined. — Brown v. Walker,
161 U. S. 591, 601, 40 L. Ed. 819.

6. History of proclamations of pardon
and amnesty. — Haycraft v. United States,
22 Wall. 81, 97, 22 L. Ed. 738; Austin v.
United States, 155 U. S. 417, 421, 39 L.
Ed. 206.

8. Reprieve defined. — Ex parte Wil-
liam Wells, 18 How. 307, 314, 15 L. Ed.
421.

9. Kinds of pardon. — Ex parte William
Wells, 18 How. 307, 310, 15 L. Ed. 421.

Effect of recital in pardon. — ^The recital
in a pardon that the district attorney re-
quested it in order to restore the compe^
tency as a witness of the person par-
doned in a murder trial, did not alter the
fact that the pardon was, by its terms^



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4 PARDON.

0. Distinctions. — ^The distinction between amnesty and pardon is of no prac-
tical importance,^® as pardon includes amnesty.^^

n. Pardoning Power.
A. By Whom Exercised— 1. Thc P&esiDENT.— The constitution gives to the
president, in general terms, the power to grant reprieves and pardons for offenses
against the United States.^^ Tq t^^ executive alone is intrusted the power of
pardon.^*

2. Congress.— Congress cannot grant a pardon,^* but the pardoning power as
vested in the president by the constitution has never been held to take from con-
gress the power to pass acts of general amnesty, i'

3. Governors of the States. — Where the coiistitution of a state so provides,
the governor has the power to grant pardons and reprieves^* and to commute
sentences,^^ and such power is neither granted nor withheld by the federal con-
stitution.^®

^ B. When Power May Be Exercised. — ^The pardoning power may be exer-
cised at jiny time after the commission of the offense pardoned, either before legal
proceedings are taken, or during their pendency, or after conviction and judg-
ment.i»

0. Nature and Extent of Power— 1. In General— a. Nature. — The par-
doning power is an act of executive clemency, which covers cases of conviction by
the civil authorities but does not extend to private wrongs or relieve the wrong-
doer from civil liability to the individual he has wronged.^o It is a benign pre-
rogative of mercy of the president,^! and it is ordinarily exercised only in cases



''full • and unconditional." Boyd v. United
States, 142 U. S. 450, 453, 35 L. Ed. 107C.

10. Pardon and amnesty distinguished.
—Brown v. Walker, 161 U. S. 591, 601, 40
L. Ed. 819.

. 11. Pardon includes amnesty. — United
States V. Klein, 13 Wall. 128, 142, 20 L.
Ed. 519.

In Knote v. United States, 95 U. S. 149,
152, 24 L. Ed. 442, the court say: "The
constitution does not use the word
''amnesty,' and, except that the term is
generally applied where pardon is ex-
tended to whole classes or communities,
instead of individuals, the distinction be-
tween them is one rather of philological
interest than of legal importance."
Quoted in Brown v. Walker, 161 U. S.
591, 601, 40 U Ed. 819.

"All the benefits which can result to
the claimant from both pardon and
amnesty would equally have accrued to
him if the term *pardon* alone had been
used in the proclamation of the presi-
dent." Knote V, United States, 95 U. S.
149, 152, 24 L. Ed. 442.

12. Power of president. — United States
Constitution, Art. 2, § 2. United States
V, Wilson, 7 Pet. 150, 160, 8 L. Ed. 640;
Brown v. Walker, 161 U. S. 591, 601, 40
L. Ed. 819; Young v. United States, 97
U. S. 39, 66, 24 L. Ed. 992.

13. United States v. Klein, 13 Wall. 128,
147, 20 L. Ed. 519; Brown v. Walker, 161
U. S. 591, 638, 40 L. Ed. 819; Young v.
United States, 97 U. S. 39, 66, 24 L. Ed.
992.

14. Power of congress. — Brown v.
Walker, 161 U. S. 591, 638, 40 L. Ed. 819,
dissenting opinion.



15. Brown v. Walker, 161 U. S. 591, 601,.
40 L. Ed. 819.

16. Power of governors. — Rogers v.
Peck, 199 U. S. 425, 436, 50 L. Ed. 256.

17. Schwab v, Berggren, 143 U. S. 442,.
451, 36 L. Ed. 218.

Where the constitution of Illinois ex-
pressly conferred upon the governor the
power "to grant reprieves, commutations
and pardons, after conviction, for all of-
fenses," Art. 5, § 13, it was held that the
governor had authority to commute the
punishment of death to imprisonment for
life in the penitentiary. Schwab v. Berg-
gren, 143 U. S. 442, 451, 36 L. Ed. 218.

It has often been decided in the states
that the governor may grant conditional
pardons by commuting the punishment
where the governor acted generally, if
not uniformly, under special provisions in
the constitution or laws of the state, or



Online LibraryThomas Johnson MichieThe encyclopedia of United States Supreme court reports; being a complete encyclopedia of all the case law of the federal Supreme court up to and including volume 259 U. S. Supreme court reports (book Lawyers' ed., and volume 42 Supreme court reporter) under the editorial supervision of Thomas Johns → online text (page 1 of 154)