coscoseseosesseisusses

1044 (U. S. Comp. St. 1901, p. 725).... 487 | Page 2808

686 $ 1229 TU. S. Comp. St. 1901, p. 868] 204 Page 2903 $ $ 1261, 1262 [U. S. Comp. St. 1901, pp.

.52, 660 Page 2946

317 893, 896] 434 | Page 2959

686 1270 [U. S. Comp. St. 1901, p. 899]... 261 Page 3037

52 1571 (U. S. Comp. St. 1901, p. 1079].... 102 Page 3174

158 § 1624, arts. 38, 43 [U. S. Comp. St. 1901, Page 3177

552 pp. 1116, 1117]....

489 Page 3200..

276, 493, 610 1782 [U. S. Comp. St. 1901, p. 1212]... 243 Page 3420

778 1990 (U. S. Comp. St. 1901, p. 1266]... 429 Page 3421

214 2301. Amended by Act 1891, March 3, Page 3424

656 ch. 561, 26 Stat. 1098 [U. S. Comp. St. Page 3428

.9, 38, 118 1901, p. 1406].. 96 | Page 3432

339, 693 88 2320, 2325 (U. S. Comp. St. 1901, pp. Page 3413

339 1424, 1429, 1430).. 266 Page 3445

.33, 339 § 2326 [U. S. Comp. St. 1901, p. 1430]. Page 3447

9, 172 266, 533, 716 Page 3448

38 § 2550 [U. S. Comp. St. 1901, pp. 1745, Page 3449

443 2430] 433 Page 3458

775 SS3390, 3393, 3397 [U. S. Comp. St. 1901, Page 3465

410 pp. 2218, 2220, 2222]. 622 Page 3493

49, 206 § 3658 [U. S. Comp. St. 1901, pp. 1745, Page 3502

.384, 562 2430] 433 Page 3517

775 § 4002 [U. S. Comp. St. 1901, p. 2719]... 665 Page 3579

133 $$_4079-4081 [U. S. Comp. St. 1901, p. Page 3597

535 2766] 422 Page 3676

766 4141 [U. S. Comp. St. 1901, p. 2808]... 686 Page 3680

569 4235 JU. S. Comp. St. 1901, p. 29031 660 Page 3715

429 4237 IU. S. Comp. St. 1901, p. 2903]..52, 660 4311 IU. S. Comp. St. 1901, p. 2959]]... 686 COMPILED STATUTES (SUPP.) 1903. 4144 [U. S. Comp. St. 1901, p. 3037] 52 5151 (U. S. Comp. St. 1901, p. 3465]... 410

Page 242

455 5197 IU. S. Comp. St. 1901, p. 3493]... 49 Page 266

1 5198 (U. S. Comp. St. 1901, p. 3493]..49, 206

Page 281

331 Š 5219 (U. S. Comp. St. 1901, p. 3502].::

TREATIES.

384, 562 5242 [U. S. Oomp. St. 1901, p. 3517]... 775 With France, Aug. 12, 1853, art. 8, 10 5278 (U. S. Comp. St. 1901, p. 3597)... 535

Stat. 996

422 5110 ČU. S. Comp. St. 1901, p. 3676]... 766 With Shawnee Indians, May 10, 1854, 10 5451 [U. S. Comp. St. 1901, p. 3680]... 569

Stat. 1053

620 5526 [U. S. Comp. St. 1901, p. 3715]... 429

CALIFORNIA.
COMPILED STATUTES 1901.
Page 513

369

CONSTITUTION. Page 547 653 Art. 13, § 1.....

384 Page 519

.15, 208, 214, 740, 768 Page 575

622

POLITICAL CODE. Page 697

375 Page 706

$$ 3608–3610

384 55 Page 716

.569, 766 Page 725

487

DISTRICT OF COLUMBIA. Page 758

80 Page 868

204

CODE. Page 893

434 SS 1, 61 (Act 1901, March 3, ch. 854, 31 Page 896

.102, 434
Stat. 1189, 1199)..

559 Page 899

261 8 939 (Act 1901, March 3, ch. 854, 31 Stat. Page 1072

. 102, 261
1189, 1342)

487 Page 1040

489 Page 1079

102

REVISED STATUTES. Pages 1116, 1117..

489 Page 1212

243
$8 222, 233...

198 Page 1266

429 Page 1299

456

COMPILED STATUTES. Page 1303 614 Oh. 35, $ 23.....

760 Pages 1406, 1409.

96 Pages 1424, 1429.

266 Page 1430. 266, 533, 716

FLORIDA. Page 1463

324 Page 1528

REVISED STATUTES.

222 Page 1541

766 $ 970. Amended by Laws 1901, p. 39, ch. Page 1595 . 113, 286 4902

428 Page 1745

433 Pages 2218, 2220, 2222.

622

LAWS. Page 2228 11901, p. 39, ch. 4902....

428 Page 2277 .

514 Pages 2307, 2308..

331 Page 2375

406

GEORGIA. Page 2430

433 Page 2719

665

CODE 1895. Page 2766 422 $$ 2317, 2318....

218

concococoncom

....

345
345

462

LAWS.

REVISED STATUTES 1892.
1898, No. 150, $$ 1, 2, 16....

16 $ 1095

$$ 2730, 2731, 2744, 2745, 3660..........
ILLINOIS.

LAWS.

1894, p. 88....
HURD'S REVISED STATUTES 1893.
Ch. 114, par. 135, $ 2...

766

PENNSYLVANIA.
LAWS.
1877, p. 115....

679

LAWS.

1887, p. 155....
IOWA

1891, p. 229.
CODE 1897.
88 2441, 2442..

237

PORTO RICO.
8 5007

.233, 237

CODE.
KENTUCKY.

$$ 976–980, 1000, 1001.......

721
669

186

NEW YORK.

STIPULATIONS.
CODE OF CIVIL PROCEDURE.

Questions as to the right of a municipality
432, subd. 3...

483 to tax for erecting a waterworks plant, or al-
$$ 834, 836..

754 leged invalidity of method of acquiring such

works, held excluded from consideration by the
LAWS.

stipulation in the agreed statement of facts on
1892, p. 694, ch. 339.

522 which the case was tried.--Helena Waterworks
1897, p. 485, ch. 415, art. 8, § 110.. 539 Co. v. City of Helena, 40.
1899, p. 1589, ch. 712...

.705, 713

Stipulation that escape of immigrants receiv-

ed on steamship for deportation did not occur
NORTH DAKOTA.

by any negligence held binding on the courts.-
LAWS.

H. Hackfeld & Co. v. United States, 456.
1903, ch. 99, p. 119.....

264

STOCKBROKERS,
OHIO.

Claim in bankruptcy for conversion by, see
CONSTITUTION 1851.

"Bankruptcy,” g 2.
Art. 13, § 3......

462
REVISED STATUTES 1880.

STOCKHOLDERS.
§ 3260. Amended by Laws 1894, p. 88... 463 Of corporations, see "Corporations," g 1.

STREET RAILROADS.

prohibited by Rev. St. U. S. § 5219 [U. S.

Comp. St. 1901, p. 3502].—City of Covington
Constitutionality of tax, see "Constitutional v. First Nat. Bank, 562; First Nat. Bank v.
Law," $ 6.

City of Covington, Id.
Due process of law in valuation of franchise,

and

§ 2. Constitutional requirements
see "Constitutional Law," § 7.
Impairing obligation of contract between city

restrictions.
and street railway company as to paving taxation of franchise of domestic corporation at

Federal Constitution does not forbid state
streets, see "Constitutional Law," $ 4.
Special franchise tax as impairing'obligation of a different rate than other taxable property of

the state.-Coulter v. Louisville & N. R. Co.,

-
contract, see "Constitutional Law," $ 4.

342.

A discrimination against national banks, in
STREETS.

favor of state banks and other moneyed cor-
See “Municipal Corporations," $ 3.

porations, forbidden by Rev. St. U. S. § 5219

(U. S. Comp. St. 1901, p. 3502], held to result
Duty to light, see "District of Columbia."

from taxation of shares, under Pol. Code Cal. $$

3608-3610, and Const. Cal. art. 13, § 1.-San
SUMMARY PROCEEDINGS. Francisco Nat. Bank v. Dodge, 384.
Collection of taxes, see “Taxation," $ 5.

Adoption of different method for taxing state
banks and other moneyed corporations from

that for taxation of national banks held not
SUMMONS.

necessarily to conflict with Rev. St. U. S. $ 5219

[U. S. Comp. St. 1901, p. 3502].—San Francisco
See “Process."

Nat. Bank v. Dodge, 384.
SUPREME COURTS.

§ 3. Liability of persons and property.

Shares in foreign corporation held by a do-
See “Courts,” $$ 7, 8.

mestic corporation are taxable as the property
of the latter, under the Georgia Constitution

and Laws 1898, No. 150, SS 1, 2, 16.- Wright
SURVEYS.

v. Louisville & N. R. Co., 16.
Admissibility in evidence, see "Evidence," $ 1. The United States has no such interest in land

conveyed for dry dock purposes, with reserved

right to use the dock and for forfeiture, as will
SUSPENSION.

prevent state from taxing the corporation's in-

terest.-Baltimore Shipbuilding & Dry Dock
Of naval officer, see "Army and Navy."

Co. v. City of Baltimore, 50.

Land conveyed by United States to corpora-
TARIFF.

tion for dry dock purposes held not exempt, as

an agency of the Ūnited States, because of the
See "Customs Duties."

reservation of the right to free use_of dock,

with a provision for forfeiture.-Baltimore
TAXATION.

Shipbuilding & Dry Dock Co. v. City of Balti-
See "Customs Duties"; "Internal Revenue." Lawful substitution by foreign insurance com-
Adoption by United States courts of state laws pany, of United States bonds in place of munic-
as rules of decision, see "Courts," $ 6.

ipal bonds, deposited with the superintendent of
As regulation of commerce, see “Commerce,” vents the levy of any tax thereon. — Scottish

insurance as condition of doing business, pre-
§ 3.
Assessments for municipal improvements, see Bowland v. Scottish Union & National Ins. Co.,

Union & National Ins. Co. v. Bowland, 345 ;
"Municipal Corporations,” $ 1.

Id.
Due process of law, see “Constitutional Law,
$ 7.

No exemption from municipal taxation
Effect of judgment of state court_adjudging business of street railway held to result from

exemption in federal court, see "Judgment, its agreement with the city, preserving its ease-
$ 3.

ments in land to be conveyed by it to the city,
Jurisdiction of federal court, see "Courts," $and granting it the right to construct its rail-
2-11.

way through certain streets, subject to control
Restraining enforcement against foreign corpo- of city officers.—Savannah, T. & I. of H. Ry.
ration, see “Injunction," § 1.

v. City of Savannah, 690.
Unconstitutionality of tax as denying equal
protection of laws, see “Constitutional Law,” cense fee on each street car held not to exempt

Contract for payment to municipality of li-
$ 6.

company from tax imposed under Laws N. Y.
§ 1. Nature and extent of power in 1899, c. 712, on franchise. - People of State of
general.

New York v. State Board of Tax Com'rs, 713,
A discrimination against national banks, for-715.
bidden by Rev. St. U. S. $ 5219 [U. Ş. Comp: 8 4. Levy and assessment.
St. 1901, p. 3502], does not necessarily result
from the adoption of a different method of insurance companies by Rev. St. Ohio, § 2745,

The imposition of a privilege tax on foreign
taxation from that adopted for state banks:- held not to bring such companies within the ex-
City of Covington v. First Nat. Bank, 562; ception of section 2744, so as to relieve them
First Nat. Bank v. City of Covington, Id.

from duty to return for taxation bonds deposited
The retroactive provisions of Act Ky. March by them with the superintendent of insurance.
21, 1900, relating to national banks, charging Scottish Union & National Ins. Co. v. Bowland,
them with liability for taxes on their capital 345; Bowland v. Scottish Union & National
stock, held a discrimination against such banks, Ins. Co., Id.

more, 50.

of

Bonds in which foreign insurance company is

TORTS.
required, by Rev. St. Ohio, § 3660, to invest a
portion of its capital stock, are personal prop- See “Negligence.”
erty, within the meaning of sections 2730, 2731, Admiralty jurisdiction, see "Admiralty," $ 1.
2744, relating to taxation of personal property. Contribution between joint wrongdoers, see
-Scottish Union & National Ins. Co. v. Bow- "Contribution."
land, 345; Bowland v. Scottish Union & Na- Right of joint wrongdoer to enforce contribu-
tional Ins. Co., Id.

tion, see "Indemnity."
§ 5. Collection and enforcement
against persons or personal prop-

TOWNS.
erty.
Exemption of United States bonds from state See “Municipal Corporations."
taxation held not to prevent their distraint, un-
der Rev. St. Ohio, $ 1095, to satisfy taxes levied

TOWN SITES.
on unexempt property.-Scottish Union & Na-
tional Ins. Co. v. Bowland, 345; Bowland v. See "Public Lands," $ 2.
Scottish Union & National 'Ins. Co., Id.

TRADE-MARKS AND TRADE-NAMES.
TELEGRAPHS AND TELEPHONES.

§ 1. Infringement and unfair competi-
Contracts in restraint of trade, see “Con-

tion,
tracts," $ 1.

Manufacturer of typewriters under the names
Right of eminent domain, see "Eminent Do- “Remington” and “Remington Standard” held
main," $ 1.

not entitled to protection against adoption, by

persons bearing, respectively, the surnames
§ 1. Establishment, construction, and "Remington" and "Sholes," of the name "Rem-
maintenance.

ington-Sholes" for their typewriters.--Howe
Railway rights of way are not made public Scale Co. v. Wyckoff, Seamans & Benedict, 609.
property by charter provisions declaring the

Unfair competition does not arise out of
railways public highways, so as to subject them the use in a corporate name of the surnames of
to occupation by telegraph companies under Act one or more of the incorporators, where such
July 24, 1866, C. 230, 14 Stat. 221 [U. S. Comp. use in a partnership would not be objectionable.
St. 1901, p. 3579]. - Western Union Tel. Co. v.

Howe Scale Co. y. Wyckoff, Seamans & Bene-
Pennsylvania R. Co., 133.

dict, 609.
Railways are not highways, within the mean-

TREATIES.
ing of the provision in the charter of a telegraph
company giving it the right to occupy with its

State pilotage laws, as applied to a British
telegraph lines any of the highways, streets, and ship from a foreign port, do not conflict with a
waters within the state.--Western Union Tel. treaty provision that "no higher or other duties
Co. v. Pennsylvania R. Co., 150.

or charges shall be imposed in any ports of the
United States on British vessels than those

payable in the same ports by vessels of the
TERRITORIES.

United States," because of the exemption of

coastwise steam vessels of the United States
Territorial courts, see "Courts," $ 10.

from pilotage resulting from Rev. St. U. S. $

4444 (U. S. Comp. St. 1901, p. 3037].-Olsen v.
Alaska, under Act July 20, 1868, c. 186, § 107, Smith, 52.
15 Stat. 167 [U. S. Comp. St. 1901, p. 2277],
concerning internal revenue, and Act July 27,

TRESPASS TO TRY TITLE.
1868, c. 237, 15 Stat. 240, extending the cus-
tom and navigation laws to Alaska, was so in. See "Ejectment.”
corporated into the United States as to render
repugnant to Const. U. S. Amend. 6, the pro-
vision of Act June 6, 1900, c. 786, § 171, 31

TRIAL.
Stat. 358, that in trials for misdemeanors six Harmless error, see “Appeal and Error." $ 2.
jurors shall constitute a legal jury.-Rassmus- of action for personal injuries, see "Jaster
sen v. United States, 514.

and Servant," $ 1.

Of criminal prosecutions, see "Criminal Law,"
TESTAMENT.

$ 6.
See “Wills."

§ 1. Instructions to jury.

Error in refusing to instruct jury that parties

who differed as to medium of payment under
TESTAMENTARY CAPACITY, contract would be bound by a stipulation, by

way of compromise, to extinguish by a payment
See "Wills," $ 1.

in United States currency, held not cured by

other instructions.—City of San Juan v. St.
TIMBER.

John's Gas Co., 108.
Cutting and removing from public lands, see
“Public Lands," $s 1, 2.

TROVER AND CONVERSION.

Claim for conversion against estate of bank-
TIME.

rupt, see "Bankruptcy," $ 2.
For removal of cause, see "Removal of Caus-

TRUSTEE PROCESS,
es," $ 3.
From which interest runs, see "Interest," 8 1. See "Garnishment.”

es."

TRUSTS.

VACCINATION.
Combinations to monopolize trade, see “Mo-Constitutionality of law requiring, see "Con-
nopolies," $ 2.

stitutional Law," 88 3, 6.

Right to require, see "Health,” 8 1.
§ 1. Establishment and enforcement of

trust.
Refusal of trustee to execute deed of inter-

VALUE.
est in mining location under trust agreement
held a repudiation of the trust, which opens the Limits of jurisdiction, see "Courts," $8 2-11,
door to defense of laches and a suit to enforce
it.-Patterson v. Hewitt, 35.

VENDOR AND PURCHASER.
UNFAIR COMPETITION.

See “Sales."
See "Trade-Marks and Trade-Names," 8 1.

VENUE.
UNITED STATES.

Of criminal prosecutions, see "Criminal Law,”

$ 2.
See “Army and Navy"; "Customs Duties”;

VESSELS.
"District of Columbia"; "Post Office"; "Ter-
ritories."

Taxation, see "Commerce,” $ 3.
Conspiracy to defraud, see "Conspiracy," $ 1.
Courts, see "Courts," s 2; "Removal of Caus-

VILLAGES.
Indians, see "Indians.”
Limitation of actions, see "Limitation of Ac See “Municipal Corporations."

tions," $ 1.
Taxation of property, see "Taxation," $ 3.

WAIVER.
§ 1. Government and officers.

.

Of objection to constitutionality of statute, see
An averment in an indictment charging a
United States senator with having received cer- of objection to jurisdiction in bankruptcy, see

"Constitutional Law," § 1.
tain checks in St. Louis as compensation for

"Bankruptcy," 8 1.
services before the Post Office Department in
violation of Rev. St. U. S. $ 1782 [U. S. Comp.
St. 1901, p. 1212], and alleging payment of the

WAR.
money thereon at that place, held not sustain-
ed by the evidence.-Burton v. United States, See "Army and Navy."
243.

Indictment held_to charge an offense under
Rev. St. U. S. & 1782 [U. Š. Comp. St. 1901, p.

WAREHOUSEMEN.
1212], making it a misdemeanor for a United
States senator to receive compensation for serv- Pledge of warehouse receipt, see “Pledges."
ices before a department in relation to proceed-
ings in which the United States is interested. WATERS AND WATER COURSES.
Burton v. United States, 243.

Existence of collector of customs, under Rev. Boundaries, see "Boundaries," $ 1.
St. U. S. § 2550 [U. S. Comp. St. 1901, p. 1745), Right of eminent domain for purpose of irriga-
for Georgetown district, held to preclude Secre- tion, see "Eminent Domain," $ 1.
tary of Treasury from appointing, with right to Wharves, see “Wharves.”
compensation, disbursing agent of funds appro-
priated for post office at Washington, under sec- $ 1. Public water supply.
tion 3658 (U. S. Comp. St. 1901, p. 2430]. A city, in its contract with a waterworks
Bartlett v. United States, 433.

company, held not to have impliedly contract-
Right of disbursing clerk of Treasury Departed not to construct its own waterworks.—Hel-
ment to compensation for services as disburs- ena Waterworks Co. v. City of Helena, 40.
ing agent at post office in Washington depends
on congressional legislation.-Bartlett v. United

WAYS.
States, 433.
§ 2. Claims against United States.

Public ways, see "Municipal Corporations,"
Use by United States of device patented by a

§ 3.
government employé, with understanding that

WHARVES.
compensation would be made, held not to give
a contract right to such compensation, where
demand was made after 14 years.—Harley v. of a public street, for transportation of freight

A wharf in the harbor of a city, at the foot
United States, 634.

beyond line of_railway company, neld not a

public wharf.-Louisville & Ñ. R. Co. v. West.
USAGES.

Coast Naval Stores Co., 745.
See "Customs and Tsages."

WILLS.
USURY,

See "Executors and Administrators."

Jurisdiction of federal writ of probate proceed-
Liability of national bank for receiving, see ings, see "Courts," $ 11.
"Banks and Banking," $ 1.

Legacy taxes, see "Internal Revenue.”