RULE IN. SHELLEY'S CASE. ance and use, without notice that they were of

an inferior quality, could set off the difference
See Deeds, ww128.

in price between the brick which was to be

delivered and that which he received.-Peterson
SAFETY APPLIANCES.

v. Denny-Renton Clay & Coal Co., 154 P. 123.
See Master and Servant, Cm111.

VII. REMEDIES OF SELLER.
SALES.

(D) Resale.

334 (Cal. App.) While a seller of goods need
See Chattel Mortgages, m ; Corporations, not resell immediately after repudiation of the

116-121; Crops; Evidence, cm 400, 442; contract of sale by the buyer and his refusal to
Estoppel, Cum94; Execution, 291-297 ; accept, nevertheless he must exercise reasonable
Executors and Administrators, cm162, 168,

diligence in locating the nearest market and as-
329: Frauds, Statutes of, 89; Husband certaining the prevailing market price for the
and Wife, Om 86; Intoxicating Liquors; | rejected goods to sell thereat.-Lund v. 'Lach-
Judicial Sales; Limitation of Actions, O m an, 154° P. 295.
100; Logs and Logging, Om3; Municipal 339 (Okl.) Evidence that the contract price
Corporations, Om562-582; Principal and

| of the car of melons was $120, and that, owing
Agent, m103 ; Public Lands, w54; Re- |

to the defendant buyer's refusal to accept same,
mainders; Trusts, em 198; Vendor and Pur-

tbey sold for $55, held sufficient evidence of the
chaser; Weapons, Om18.

measure of damages to go to the jury.--Rose v.
I. REQUISITES AND VALIDITY OF

Woldert Grocery Co., 154 P. 531.
CONTRACT.

(E) Actions for Price or Value.
On 23 (Wash.) Where the seller repudiated a 359 (Okl.) Evidence in an action for the
tentative contract and submitted another which price of books to be paid for in monthly install-
the buyer rejected, held, that the seller could

ments held to sustain a verdict for plaintiff if
not sue on the original tentative contract as

modified by correcting a clerical mistake in the
an express contract for automobiles shipped calculation of interest.-Walker v. West Pub.
to the bus zer. but not accepted

-Cook Co., 154 P. 1189.
v. Story, 154 P. 147.
Where the buyer ordered automobiles on faith

(F) Actions for Damages.
of a tentative contract made by him with the 369 (Cal.App.) Where the buyer of wine
seller's agent and repudiated by the seller, he bottles refused to accept them, and title there-
was under no obligation to accept the automo-

to had not passed from the sellers, who there-
biles ordered.-Id.

upon resold the bottles at private sale, their
II. CONSTRUCTION OF CONTRACT.

only reinedy was to sue for damages for breach

of the contract of sale.—Lund v. Lachman, 154
en 64 (Okl.) A contract providing that “the P. 295.
seller agrees to sell and the buyer agrees to buy

383 (Cal. App.) In an action by the sellers
upon the terms as stated herein," held not op

of wine bottles for damages for the buyer's re-
tional, but binding on both parties.-Chenault v.

| fusal to accept, evidence held sufficient to justi-
Mauer Mercantile Co., 154 P. 507.

fy a finding that the market price for bottles
IV. PERFORMANCE OF CONTRACT.

prevailing on and after their arrival and rejec-

tion was at an advance over the contract price,
(C) Delivery ana Acceptance of Goods. which, if the sellers had sold in the market,
Om 161 (Okl.) Where goods are delivered to would have more than covered drayage, storage,
the carrier for delivery to the buyer, the car-

and insurance expense.—Lund v. Lachman, 154
rier is presumably the buyer's agent, and de-

P. 295.
livery to it is delivery to the buyer.- Rose v. Omw384 (Cal. App.) In suit for damages by the
Woldert Grocery Co., '154 P. 531.

sellers of wine bottles against the buyer, who
179 (Wash.) Upon the sale of goods by con- | refused to accept, the measure of damages was
tract giving buyer right to an inspection but regulated by Civ. Code, $ 3353, providing that
containing no warranty, the buyer's right to in estimating damages the value of property to
recover damages for defects did not survive his

a seller is the price in the nearest market at
acceptance after opportunity to discover de such time after the buyer's refusal to accept as
fects, unless he notified the seller or returned

would have sufficed for the seller to resell.-
or offered to return the goods.-Peterson v.

Lund v. Lachman, 154 P. 295.
Denny-Renton Clay & Coal Co., 154 P. 123.

Under Civ. Code, $ 3353, where, upon the
Om 181 (Wash.) In an action for price of high-

buyer's refusal to accept, the sellers of wine
way brick delivered under shipping order con-

bottles resold through their agent, an iron sales-

man, at less than the market price, on account
stituting on its face a complete contract be-

of his unfamiliarity with the market, the sellers.
tween the parties, the buyer might show that

could not recover of the buyer the difference be-
the bricks actually delivered were bricks of

tween the selling and the contract price.-Id.
another quality selling at a lower price.--Peter-

Where the sellers of wine bottles, after the
son v. Denny-Renton Clay & Coal Co., 154 P.
123.

| buyer's refusal to accept, failed to sell in the
VI. WARRANTIES.

market at prevailing prices so greatly over the

contract price as to have made them whole, such
Om 261 (Cal. App.) In a contract of sale of per- sellers could not claim damages on account of
sonalty, it is not necessary, to create an express | interest on damages from the breach or compen-
warranty, that the word "warrant” or any for- sation for making a resale at less than market
mal words be used, but any affirmation as to the price.-Id.
quality or condition of the goods, if so intended, Where sellers of wine bottles, upon the buyer's
and so relied upon, is a warranty.-Coats v. refusal thereof, failed to resell at a prevailing
Hord, 154 P. 491,

market price that would have more than made
261 (Okl.) Where a representation is posi- them whole, they were entitled only to nominal
tive and relates to a matter of fact and is not damages.-Id.
an expression of opinion and the buyer believes

VIII. REMEDIES OF BUYER.
and relies on it, it constitutes a warranty.–St.
Louis Cordage Mills v. Western Supply Co., (D) Actions and Counterclaims for Breach
154 P. 646.

of Warranty.
285 (Wash.) In an action for price of brick Om 428 (Okl.) In an action on a note given
sold under contract warranting them to be of a for machinery, recovery may be had on a cross-
certain quality or kind, the buyer, after accept- ' petition for damages from breach of warranty

SERVITUDE.

ROL DISTRICTS. may exist in hisani yo. Elliott, 154

SETTLEMENT.

of fitness of the machinery to do the work.-1

SERVANTS..
Murray Co. v. Palmer, 154 P. 1137.
em 440 (Ok) Unde
in an action for breach of warranty, held, that

440 (okl.). Under Rev. Laws 1910, § 2865. See Master and Servant.
the price was evidence of the value of the prop-
erty if it had been as warranted.--Gutenberg

as warranted.-Gutenberg See Easements.
Mach. Co. v. Husonian Pub. Co., 154 P. 346.
ww442 (Okl.) The measure of damages for

SET-OFF AND COUNTERCLAIM.
breach of warranty of fitness of machinery to do
certain work is the difference in the value of See Banks and Banking. Om77; Limitation of
the machinery as warranted to be, and its Actions, 41; Replevin, un 12; Sales,
actual value.-Murray Co. v. Palmer, 154 P. 428.
1137.
SATISFACTION.

I. NATURE AND GROUNDS OF

REMEDY.
See Accord and Satisfaction; Compromise and m8 (Kan.) A "set-off” is a demand which a
Settlement; Payment; Release.

defendant makes against the plaintiff in a suit

to liquidate the whole or a part of his claim.-
SCHOOL LANDS.

Drovers' State Bank v. Elliott, 154 P. 255.
See Public Lands, ww54.

On 9 (Kan.) A "counterclaim" is the claim of a
defendant to recover from a plaintiff by setting

| up and establishing any cross-demand which
SCHOOLS AND SCHOOL DISTRICTS.

| may exist in his favor as against plaintiff.--
See Mechanics' Liens, Ow13, 229; Statutes, | Drovers' State Bank v. Elliott, 154 P. 255.
4.

Om 10 (Kan.) A "cross-demand" is a demand

which is preferred by one party to an action in
II. PUBLIC SCHOOLS.

opposition to a demand already preferred
(C) Government, Offlcers, and District against him by his adversary.-Drovers' State
Meetings.

Bank v. Elliott, 154 P. 255.
Om63 (Idaho) Sess. Laws 1911, c. 159, § 129,
subd. “b," correlative to employment of superin-
tendents in independent schools, as re-enacted
by Sess. Laws 1913, c. 115, which includes sec

See Accord and Satisfaction; Account Stated;
tion 3, held superseded and repealed by Sess.

| Compromise and Settlement; Payment; Re-
Laws 1913, c. 159.-Buck v. Board of Trustees

lease.
of St. Maries Independent School Dist. No. 1,

SHELLEY'S CASE.
in Benewah County, 154 P. 372.

See Deeds, ww128.
(E) District Debt, Securities, and Taxa-
tion.

SHERIFFS AND CONSTABLES.
Om 100 (Kan.) Laws 1911, c. 263, § 11, mak- See Mortgages, Om605.
ing it the county board's duty to levy a tax for
the money certified by the county superintendent

II. COMPENSATION.
to be necessary to maintain a high school "for
the year ending on the 30th day of June preced-

Tem71 (Cal. App.) Under Code Civ. Proc. $

526a, Pol, Code, g 4041, subd. 16, and Charter
ing," means the amount necessary to aid in

of Los Angeles County (St. 1913, pp. 1487, 1490,
maintaining the school for the succeeding year.

88 10, 21), held, that any action against sheriff
-State v. Hilty, 154 P. 214.

to account for fees was to be prosecuted by

county as party plaintiff, and not by a taxpayer,
SECONDARY EVIDENCE. unless county officers refused to prosecute.-

Keith v. Hammel, 154 P, 871.
See Criminal Law, Cm 403; Evidence, en
159–183.

IV. LIABILITIES ON OFFICIAL

BONDS.
SECRETARY OF INTERIOR.

157 (Okl.) That a deputy sheriff becomes
See Indians, Omw15.

angered in the discharge of his duty does not

deprive his subsequent acts of their official char-
SECURITY.

acter.-Meek v. Tilghman, 154 P. 1190.

That a peace officer momentarily abandons
See Mortgages, 32, 37.

his efforts to arrest a person without a warrant

pursuant to Rev. Laws 1910, $ 5654, does not
SEDUCTION.

render the resumption of this duty any the less

an official act.-Id.
II. CRIMINAL RESPONSIBILITY. | Where a deputy sheriff, in attempting to make

an arrest without a warrant under Rev. Laws
Om 32 (Or.) A divorced woman is within the 1910. $ 5654. kills a person guilty of a mis-
statute denouncing the offense of seduction un-

demeanor, to prevent him from escaping, the
der promise of marriage and providing that if sheriff and his bondsmen are liable under sec-
any person under promise of marriage shall se- tion 1695.-Id.
duce any "unmarried female," such person, up-

Om 168 (Okl.) Petition in a widow's action
on conviction, shall be punished.--State v. Wal-

against a sheriff and his bondsmen for death of
lace, 154 P. 430.

her husband, who was killed by a deputy sher-
Com 46 (Or.) In a prosecution for seduction un-

iff, held not demurrable as failing to show that
der promise of marriage letters alleged to have the deputy was acting under color of office.-
been written by defendant to prosecutrix, not Meek;

Meek v. Tilghman, 154 P. 1190.
identified or proved to be his letters except by
her testimony, did not afford evidence corrobo-
rating her testimony.-State v. Wallacé, 154 P.

SHIPPING.
430.

See Collision.
SELF-DEFENSE.

SIGNALS.
See Homicide, ww78, 120.

See Railroads, Em 307, 330, 335, 339.
SENTENCE.

SLANDER.

STATUTES.

SODOMY.

no appropriation had been made therefor.-Ep-

person v. Howell, 154 P. 621.
See Criminal Law, Om507, 511.

Om 131 (Idaho) An "appropriation," within

| Const. art. 7, § 13, is authority from the Legis-
SPECIAL INDORSEMENT. lature, expressly given in legal form to the
See Bills and Notes, w171, 342, 346.

proper officers, to pay from the public moneys

a specified sum and no more, for a specified pur-
SPECIFIC PERFORMANCE.

pose and no other.-Epperson v. Howell, 154 P.

621.
I. NATURE AND GROUNDS OF REM em 132 (Kan.) An appropriation made to re-
EDY IN GENERAL

imburse a former employé in the state grain
4 (Wash.) Plaintiff may not have specific

department for traveling expenses held within
performance of defendant's contract to buy

the legislative power, and to leave no duty to
stock and deliver a note in payment, but it is

the auditor of state, excepting the ministerial
a case for damages only.--Templeton v. War-

one of executing the legislative will.-Hicks v.
ner, 154 P. 1081.

Davis, 154 P. 1030.

168/2 (Or.) Plaintiff held entitled to main-
II. CONTRACTS ENFORCEABLE. tain suit to enjoin enforcement of Workmen's
Om 25 (Or.) To entitle plaintiff to specific per-

Compensation Act, on ground that he was a
formance of a contract to sell land, it is nec-

taxpayer of the state, and that the alleged un-
essary for him to clearly prove a valid contract

lawful expenditure of money appropriated by
between himself and defendant.-Carlson v.

the state thereunder would increase his financial
O'Connor. 154 P. 755

burden.--Evanhoff v. State Industrial Acc. Com-

mission, 154 P. 106.
IV. PROCEEDINGS AND RELIEF.

V, CLAIMS AGAINST STATE.
O I 15 (Kan.) In a suit for breach of a con-
tract to exchange realty, defendant may set up

181 (Idaho) Sess. Laws 1915, c. 27, held

| violative of Const. art. 4, § 18, as attempting to
a cross-petition, alleging breach by plaintiff,
and ask specific performance with prayer in the provi

is provide for disbursement of state funds in pay-
alternative for damages, though he knows that

ment of claims without an examination of the
plaintiff cannot perform.--Stramel v. Hawes,

claims by the state board of examiners.--Epper.
154 P. 232.

son v. Howell, 154 P. 621.
Om 128 (Kan.) The Code has abrogated the rule

STATUTE OF FRAUDS.
that a judgment for damages for breach of
contract will not be awarded where specific per- See Frauds, Statute of.
formance is impossible, unless the court deter-
mines that such judgment would be just and

STATUTE OF LIMITATIONS.
equitable.--Stramel v. Hawes, 154 P. 232.

The Code has abrogated the rule that where See Limitation of Actions.
a party knows when he brings suit for specific
performance that the contract cannot be spe-
cifically performed, he cannot recover damages.
-Id.

For statutes relating to particular subjects, see
SPIRITUOUS LIQUORS.

the various specific topics.
See Intoxicating Liquors.

1. ENACTMENT, REQUISITES, AND

VALIDITY IN GENERAL.
STARE DECISIS.

em 15 (Or.) Const. art. 4, § 19, requiring bills
See Courts, Oww97.

to be read by sections on three several days, in

each house, does not require the whole of a bill,
STATE ENGINEER.

as amended during its progress through the Leg-

islature, to be so read.-Evanhoff v. State In-
See Statutes, Eww125.

dustrial Acc. Commission, 154 P. 106.

om 16 (Kan.) Laws 1913, c. 124, relative to
issuance of additional city waterworks bonds,

held not violative of Const. art. 2, § 20, pro-
See Mandamus, E93.

viding that no law shall be enacted except by

bill, because an amendment to the bill by the
STATES.

addition of an enacting clause was made by
See Adverse Possession,

| resolution.-Hartzler v. City of Goodland, 154

7; Constitutional 265.
Law, em 26; Counties, 43; Highways,

Cm 351/2 (Okl.) Where the Governor's procla-
Om 96; Insurance, cm3, 4; Public Lands,

mation calling an initiative and referendum elec-

tion on a state question was filed with the secre-
III. PROPERTY, CONTRACTS, AND

tary, of state, held, that this was a sufficient
LIABILITIES.

publication.-Ex parte Smith, 154 P. 521.

The purpose of Rev. Laws 1910, 88 3384, 3401,
101 (Wash.) Under Rem. & Bal. Code, 8 is to place in the hands of every voter the text
1161, giving right of action for material fur- of the proposition to be voted on, with a copy
nished on public work against the contractor's of the official ballot and arguments for and
bond, notice of claim thereby required to state against the proposition, that he may cast an in-
board of control held insufficient, so that no ac- telligent ballot thereon.--Id.
tion could be maintained on the bond.-Rodgers A substantial compliance with the procedure
v. Fidelity & Deposit Co. of Maryland, 154 P.) prescribed for elections under the initiative and
444.

referendum is essential, notwithstanding Rev.

Laws 1910, § 3393, and where it appears that
IV. FISCAL MANAGEMENT, PUBLIO

from failure to substantially comply with sec-
DEBT, AND SECURITIES.

tion 3384 a number of voters sufficient to have
130 (Idaho) Const. art. 7, § 13, prohibiting changed the result have been deprived of their
the payment by the state of any money except right to vote, the election is invalid.-Id.
pursuant to a specific appropriation act. pre. The initiative and referendum election held
cluded the state from paying its proportionate on August 4, 1914, on state question No. 62,
share of the expense of emergency employment held invalid, where the requirements of Rev.
contemplated by Sess. Laws 1915, c. 27, where I Laws 1910, $ 3384, as to distribution of pam-

STATE HIGHWAY ENGINEER.

185.

phlets containing the measure to be voted on, that every act embrace but one subject, to be
etc., were not substantially complied with.-Id. expressed in its title.-Evanhoff v. State Indus-

That one member of the state election board trial Acc. Commission, 154 P. 106.
absented himself from the session, and the re- 114 (Utah) Laws 1907, c. 88, defining the
maiping members completed the canvass of the practice of medicina

he practice of medicine, prescribing the qualifica-
returns of an initiative and referendum elec- tions of

tions of practitioners, requiring a license to
tion on a state question and certified the result

practice, etc., held not violative of Const. art.
to the Governor, held not to invalidate the ac-16, § 23, requiring that the subject of an act
tion of the board.-Id.

be clearly expressed in its title.-State v. Erick-
Under Const. art. 5, § 3 (Williams' Const. 8 l son. 154 P. 948.
53) the filing of a referendum petition referring
to the people an act of the Legislature suspends

em 119 (Or.) Workmen's Compensation Act,
the operation of the act until it shall have been

creating State Industrial Accident Commission
approved by a majority of the vote cast at an of three members for terms of four years at
election held thereon.-Id.

annual salary of $3,600 payable out of accident
Om 64 (Idaho) The invalidity of part of an act |

fund, held not in conflict with Const. art. 9, $
invalidates the whole where it appears that they providing that laws, appropriating for sala.

ries of public officers and current expenses of
various parts are connected in subject-matter,

state, shall relate to no other subject.-Evan-
dependent on each other, and designed for the

hoff v. State Industrial Acc. Commission, 154
same purpose, and are so dependent in meaning

15 P. 106.
that it cannot be presumed that the Legislature
would have passed one without the other.-Ep-

em 120 (Kan.) Laws 1913, c. 124, relative to
person v. Howell, 154 P. 621.

issuance of additional city waterworks bonds,
The invalidity of Sess. Laws 1915, c. 27, 88 held not violative of Const. art. 2, § 16, relative
12, 14, 15, providing for the diverting of state to title and subject matter of statutes.-Hartz-
tax money by payment of same by the counties ler v. City of Goodland, 154 P. 265.
to those engaged in emergency employment, held 121 (Or.) Under Laws 1913, c. 278, en-
to invalidate the entire chapter.-Id.

titled an act "to regulate the business of loan-
64 (Kan.) Laws 1911, c. 263, authorizing ing money or credit by persons, firms, and cor-
tax levy to aid county high schools, held not un-

porations other than National banks, licensed
constitutional as a whole, regardless of the con bankers," etc., the requirement of a license from
stitutionality of sections 5 and 12, which at the state banking board held germane to the

to limit the operation of the act by ex-title.-State y. Ware, 154 P. 905.
cluding therefrom certain counties.--State v.

l
V.

122 C
123 (Cal.) Where title of reclamation act

W
Hilty, 154 P. 214.

was “An act creating a reclamation district,
cm 64 (Or.) Where part of a statute is valid

* * * providing for the management and
and conforms to the obvious intent, but a later

control thereof, * * *"a provision for build-
section is repugnant and void, the statute is

ing levee held sufficiently expressed.--Reclama-
void only as to that section.-Peterson v. Lewis, tion Dist. No. 1500 v. Superior Court in and
154 P. 101.

| for Sutter County, 154 P. 845.
II. GENERAL AND SPECIAL OR LO.

Im 123 (N.M.) Drainage Act (Laws 1912, c. 84)
CAL LAWS.

§ 82, now Code 1915, $ 1958. giving the right of

eminent domain, held not violative of Const. art
74 (Kan.) Laws 1913, c. 124, relative to is-4, 16, prohibiting more than one subject in a
suance of additional city waterworks bonds, held bill.-In re Dexter-Greerfield Drainage Dist.,
not violative of Const. art. 2, § 17, requiring | 154 P. 382.
that laws be of uniform operation, though ap-

em 125 (Okl.) The title of Laws 1915, c. 174,
plying only to cities within a certain classifica-

creating the state insurance board and defining
tion.-Hartzler v. City of Goodland, 154 P. 265.

its powers, held sufficiently comprehensive to em-
Om 85 (Cal.) Act May 1, 1911 (St. 1911, p.

(Cal.), Act May., 1911 st, 1911, P. brace the provisions of the act.-Insurance Co.
1313), amending Code Civ. Proc. $ 1183, to re-

of North America v. Welch, 154 P. 48.
quire a contractor's bond securing materialmen
and laborers as a condition to the owner's ex-

Tom 125 (Or.) Under Laws 1913, p. 663, pro-
emption from liability thereto in an amount viding the duties of the state highway engineer,
in excess of the contract price, is not uncon- and Laws 1915, p. 537, abolishing that office
stitutional as class legislation.-Roystone Co. v.

and transferring its duties to the state engineer,
Darling, 154 P. 15.

is void in part under Const. art. 4, 820, for
95 (Wash.) Rem. & Bal. Code, 8 9098, as

repugnancy of its provisions to its title.-Peter-
amended by Sess. Laws 1913, p. 351, exempting

son v. Lewis, 154 P. 101.
from taxation all property of Young Men's
Christian Associations used for religious pur-

IV. AMENDMENT, REVISION, AND
poses, is violative of Const. art. 7, § 2, provid-

CODIFICATION,
ing that the Legislature may exempt property 130 (Kan.) An amendatory act must con-
from taxation by general laws.--Young Men's

form to Const. art. 2, § 16.-Hicks v. Davis,
Christian Ass'n of Seattle v. Parish, 154 P.

154 P. 1030.
785.

en 141 (Kan.) Laws 1915, c. 14, which at-
III. SUBJECTS AND TITLES OF ACTS.

tempts to repeal Laws 1913, c. 61, § 1, item

106, making an appropriation, held void as
Om 105 (Cal.) Const. art. 4, § 24, providing failing to comply with Const. art. 2, § 16, re-
that act shall embrace single subject which shall quiring the amended section to be set out in
be expressed in title, is to be liberally construed | full.-Äicks v. Davis, 154 P. 1030.
to effect its object of preventing acts with de-
ceitful and misleading titles.-Reclamation Dist.
No. 1500 v. Superior Court in and for Sutter

V. REPEAL, SUSPENSION, EXPIRA.
County, 154 P. 845.

TION, AND REVIVAL.
107 (Cal.) If St. 1909, p. 87, entitled “An Om 150 [New, vol. 2 Key-No. Series]
act to define and regulate the business of bank-

repealing act must conform to
ing." by section 136 authorizes the superintend. Const. art. 2, § 16.-Hicks V. Davis, 154 P.
ent of banks to enforce the stockholder's liabil- | 1030.
ity to creditors under Const. art. 12, & 3, it mm 161 (Cal.) Where there is an apparent con-
is violative of Const. art. 4, § 24, requiring that flict between two statutes touching the same
acts embrace a single subject, expressed in the subject, they should be construed, if possible,
title.-Williams v. Carver, 154 P. 472

to give force and effect to each, as the law does
Oma I 14 (Or.) Workmen's Compensation Act, not favor repeals by implication.-Williams y.
161 (Idaho) Where an act is sought to bem 207 (Okl.) There is no conflict between dif-
amended by two acts passed at the same session ferent provisions of a statute. if there is a rea-

a subsequent Legislature and the two amend. sonable meaning of the words used. consider
atory acts are in irreconcilable conflict with ing the manner of their use, which will bring
each other, but the later can be reconciled with them into harmony.-Sackett v. Rose, 154 P.
the original act, the first amendatory act will | 1177.
be deemed substituted by the other.-Buck v. 219 (Okl.) The construction placed on stat-
Board of Trustees of St. Maries Independent | utes by officers charged with the enforcement
School Dist. No. 1, in Benewah County, 154 P. | thereof at or near the time of their enactment,
372.

and which has long been acquiesced in, is a
om 161 (Okl.) Statutes relating to the same just medium for their judicial interpretation.
subject and enacted at the same session should -Hunter v. State, 154 P. 545.
be construed together to give effect to each,

m225 (Mont.) Rev. Codes, $$ 6838, 6839, ag
rather than to infer that one destroys the other. I to redemption, though enacted at different times,
-Hunter v. State, 154 P. 515.

held to be considered as enacted at the same

time and interdependent.-Hamilton v. Hamilton,
VI. CONSTRUCTION AND OPERA-

154 P. 717.
TION.

226 (Mont.) When a statute is adopted from
(A) General Rules of Construction.

| another state the language of which has been
em 181 (Or.) Statutes must be so construed as construed by the court of last resort of that
to effectuate the intention of the Legislature. state, the construction is also adopted.-Hamil-
--Peterson v. Lewis, 154 P, 101.

I ton v. Hamilton, 154 P. 717.

STATUTES CONSTRUED.

1100 $ 324

835

887

887

845

$ 286 ..:::

.......

487

5268

282

951

299

UNITED STATES. 1 § 8637

... 133 $ 307

605
Š$ 8657-8665..40, 133, 914, 924,322

472, 605
CONSTITUTION.

301
§ 8739
Amend. 7............... 133

1050 $$ 769, 773, 779, 751.... 306

$ 9651 ...............
Amend. 14........48, 362, 820

... 613 818

073
$ 9759
Amend. 14, $ 1...... 106, 905

306
................1188 | 8 863

$ 1351
Art. 4, 8 2.............. 905

TREATIES.

§ 1386, subsec. 8...
STATUTES AT LARGE. With Yakima Indians,

$ 1397

$ 1714
1850, Sept. 27, ch. 76, 9
March 8, 1859, 12 Stat.

2280

306
Stat. 496.

951 .....

8 3300 .

487
1850, Sept. 27, ch. 76, § 4,

$ 3353

295
9 Stat. 497.

8 3423, subsec. 4........
1898, July 1, ch. 541. 30

ARIZONA.

§ 3442 ..............301, 613
Stat. 544...
1898, July 1, ch. 541, $$

CONSTITUTION.

CODE OF CIVIL PROCE-
67b, c, f, 30' Stat. 564... Art. 6, § 22............1036

DURE.
1898, July 1, ch. 542, 30 Art. 15,8 5.
8.5............ 202

841
Stat. 567...
Art. 23, 8o1........1048, 1050 $ 338, subsec. 4...

312
1900, June 2, ch. 610, 31

8 359.

312.
Stat. 250..
REVISED STATUTES 1913. § 392

476
1901, March 3, ch. 868, 3i

CIVIL Code.
473

299
Stat. 1447...

871
1902, July 1, ch. 1362, 32 Par. 509................ 206

$ 583

841

...1039
Stat. 641..
Par. 614...

$ 667 .
1903, Feb. 19, ch. 107, 32
Pars. 1227, 1230, 123i... 206

Š 939.

882, 1075
Stat. 841..

Pars. 1553, 1554, 1558,
1906, April 26, ch. 1876.

3486.
202

852
34 Stat. 137.......560, 1
Pars. 4146, 4i48::::::::1040 | 88,953a-9530 .....

18 956 ............
1906, April 26, ch. 1876, '$

$$ 974, 978a..
PENAL CODE.

298
19, 34 Stat. 144........ 350

$$ 1022, 1025.....

295
1906, April 26, ch. 1876, & § 24, subsec. 4.... 1048 $ 1049 .........

1075
22, 34 Stat. 145..... 560 88 941, 943, 944 ..1050 1068

.831, 864
1906, June 16, ch. 3335, 34

§ 1074

831
Stat. 267.
560

s 1183. Amended by Laws
1908, April 22, ch. 149, 35

CALIFORNIA.
1911. p. 1313..........

15
Stat. 65...40, 133, 914, 924,

CONSTITUTION. $ 1194
1908, May 27, ch. 199, 35 | Art. 1, $ 1.

8 1234 ...
Stat. 312..........560, 1193

283 $ 1619.

839
1910. April 14, ch. 160, 'S

....845, $ 1714.
2. 36 Stat. 298.:::::: 691

ŠS 1826, 1835............
1911, Feb. 17, ch. 103, § 8,

864
36 Stat. 916......

PENAL CODE.
1911, March 3, ch. 231, S

Art. 6, Š 15...
28, 36 Stat. 1094.......

283
Art. 11.'$ 7142, par. 5.... 287 | 192 :::..

290
1913, March 1, ch. 90, 37

12, $ 3..
472 $$ 248.**250

34
Stat. 699..............1050 Art. 12, $$ 22, 23, 23a.... $ 492

.1061

$ 872
Art. 20, $ 15............
REVISED STATUTES.
$ 2296

CIVIL CODE.
$ 1105

283
................ 977
8 2326 .............

.. 207
$ 128

837 | Š 1111. Amended by Laws

OLI 1911. p. 484...........
$ 5198 ..

..
$ 131

..483,
COMPILED STATUTES $ 132
1913.
$ 137

829
8 4551 ...
................. 977

POLITICAL CODE.
8 172 ...

479
$ 4623
207 6 197

304 88 894, 910..
§ 8618 ......... ......... 691 lg 290, subsec. 6......... 605181211, subsecs. 1, 4.... 2

8 1187 ......

864
15