1900.] HASTINGS—POLICE POWER OF THE STATE. 541 
formly declared such a liability on the part of railroad companies 
and the statutes were universally upheld. 
In * Robertson vs. Baldwin we have another example of the cur- 
rent method of interpreting constitutions by common-law prece- 
dents. The doctrine is expressly declared that the federal bill of 
rights embraced in the federal constitution is like other bills of 
rights, to be held to refer to those rights as defined and established 
in the common law. From an exhaustive examination of the de- 
cisions, Justice Brown concludes that the contract of a seaman to 
remain in service may be enforced by summary process and by con- 
fining him, and that this does not constitute involuntary servitude. 
The cases cited go far back into history. The refinement to which 
he is forced in order to show that these summary proceedings are 
not cases in the meaning of the constitution is a striking example 
of how thoroughly precedents control the ordinary meaning of the 
terms in even the national constitution. 
In ’? Allgeyer vs. Louisiana we have the latest definition, by high 
authority, of liberty. A law of that state provided a fine of a 
thousand dollars for doing 
“‘any act in this state to effect for himself or another insurance on 
property then in this state in any marine insurance company which has 
not complied with the laws of the state.” 
Allgeyer & Company, exporters of cotton in New Orleans, made 
shipments to foreign ports and against them drew drafts. These 
drafts were frequently negotiated in New York. When so nego- 
tiated a policy of marine insurance was attached. They would 
notify the Atlantic Mutual Marine Insurance Company at New 
York that insurance was wanted and attach an order for it to the 
draft. The correspondent in New York getting the draft and order 
would obtain the policy and attach it to the draft and bill of 
lading before negotiation. 
October 23, 1894, a notification was sent by Allgeyer & Com- 
pany from New Orleans to the insurance company at New York 
that a marine policy for $3400 was wanted on one hundred bales 
of cotton, which were at that time in Louisiana for shipment. For 
this Allgeyer & Company were by the Louisiana state court required 
to pay the penalty of one thousand dollars, and they procured a 
writ of error from the federai Supreme Court. 
1 165 UO. S., 275 (1897). 2 /d., 578 (1897). 
