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Laws relating to liabilities for injuries to mail CASE CERTIFIED OR RESERVED.
clerks as denying equal protection of law, see "Constitutional Law," $ 6.
For determination by Supreme Court, see Mandamus to enforce rates fixed by railroad "Courts," § 10.
commission, see "Mandamus," § 2. Railway postal clerks, see "Post Office," $ 1. Regulations of denying due process of law, see
CEMETERIES. "Constitutional Law," $ 7. Scope and extent of review by Supreme Court Restrictions on perpetuities affecting trust for of questions relating to freight rates, see keeping up lot and monuments, see "Perpetui“Courts," § 13.
ties.” Violation of liquor laws by express companies, see “Intoxicating Liquors," § 1.
CERTIFICATE. § 1. Control and regulation of common of case or question of law for determination
carriers. *The state of Mississippi may, as far as the
by Supreme Court, see "Courts," $ 10. federal Constitution is concerned, establish a flat rate on grain and grain products within the
CERTIORARI. state.-Alabama & V. Ry. Co. v. Railroad Commission of State of Mississippi, 163.
Review in criminal prosecution, see "Criminal A shipper cannot maintain an action against Law," $ 8. a “common carrier because of unreasonable | $ 1. Nature and grounds. freight rate exacted for interstate shipment, since the right to sue for redress from viola- be allowed by Supreme Court where import
*Certiorari to Circuit Court of Appeals will tin".-* the arot tr regulate commerce (Act Feb. 4, 1887, c. 104, 88 9, 22, 24 Stat. 382 [U. S. St. Louis Min. & Mill. Co., 254.
ance of case demands it.-Montana Min. Co. v. Comp. St. 1901, pp. 3159, 3170]), does not continue in shippers such common-law right which would be inconsistent with the provisions of
CHANCERY. the statute.-Texas & P. Ry. Co. v. Abilene Cotton Oil Co., 350.
See “Equity." *Interstate freight rates held established
CHARGE. when a schedule is filed with the interstate commerce commission and copies are furnished By carriers, see "Carriers," $ 1. to freight offices, although such rates may To jury in 'civil actions, see “Trial,” § 1. not be posted as required by Act March 2, To jury in criminal prosecutions, see Criminal 1889, c. 382, § 6, 25 Stat. 855 (U. S. Comp.
Law," § 7.
to facilities for making connections between dif. Effect of proceeding in bankruptcy, see "Bankferent carriers.-Atlantic Coast Line R. Co. v.
ruptcy," § 4. North Carolina Corp. Commission, 585.
§ 1. Assignment of mortgage or debt. Unlawful preferences held created by fixing
Failure of Kansas laws to prohibit recording freight rate for common soap.-Cincinnati, H. of assignment of a chattel mortgage given to & D. Ry. Co. v. Interstate Commerce Com: secure a note does not make such action necesmission, 648.
sary to protect the assignee.-National Live
Stock Bank v. First Nat. Bank, 79. Disturbance in relations between freight rates
Provision for recording satisfaction of chatfor soap in car load and less than car load tel mortgage under Gen. St. Kan. 1901, § 4251, lots held not cured by subsequent classification. par. 36, does not make it necessary to record --Cincinnati, H. & D. Ry. Co. v. Interstate | assignment of mortgage to protect assignee.Commerce Commission, 648.
National Live Stock Bank v. First Nat. Bank,
79. No presumption of law that a freight rate is reasonably low exists because it leas been published and filed by carrier with Interstate
CIRCUIT COURTS OF APPEALS. Commerce Commission. Illinois Cent. R. Co. v. Interstate Commerce Commission, 700. See "Courts," $ 16.
Expenditures for permanent improvements Certiorari to, see "Certiorari,” g 1. and equipment should not be charged to operating expenses of the year in determining reasonableness of increased freight rate.--Illinois Cent.
CITIES. R. Co. v. Interstate Commerce Commission, 700.
See "Municipal Corporations." § 2. Carriage of goods. Carrier issuing bills of lading for receipts
CITIZENS. given by a compress company for cotton held liable for loss by fire by the negligence of the see "Aliens"; "Indians.” servants of the compress company.-Arthur v. Citizenship ground of jurisdiction of United Texas & P. Ry. Co., 338.
States courts, see "Courts," $ 5; "Removal of *Clause in bill of lading, exempting carrier Causes," $8 1, 2. from liability for loss by fire held valid.-Ar Equal protection of laws, see “Constitutional thur v. Texas & P. Ry. Co., 338.
Law," $ 6.
§ 1. Suits for damages.
Right of one of two vessels, both in fault for Diverse citizenship as ground of appellate juris- a collision, to enforce contribution, where it has diction of circuit court of appeals, see paid the entire damage to the cargo, held not "Courts," 8 16.
affected by provisions in the latter vessel's bill of lading giving her the benefit of insurance.
Erie R. Co. v. Erie & W. Transp. Co., 246. CIVIL RIGHTS. See "Constitutional Law," 88 5, 6.
COLOR OF TITLE.
To sustain adverse possession, see "Adverse CIVIL SERVICE.
Appellate jurisdiction of supreme court of proceedings to compel restoration to position un
COMBINATIONS. der civil service laws, see "Courts," $ 12.
See "Monopolies," $ 1.
Between courts, see "Courts," $ 18. Against United States, see “United States,"
$ 2. Court of claims, see “Courts," § 17.
COMMERCE. Mining claims, see "Mines and Minerals," $ 1.
Carriage of goods and passengers, see “Car
riers"; "Shipping." CLERKS OF COURTS.
§ 1. Power to regulate in general. Services of clerk in a federal court for record *Only articles imported from or exported to ing abstracts of judgment held not covered ! foreign countries, are within Const. U. S. by the docket fees prescribed by Rev. St. U. S. art. 1, § 10, forbidding any 8828, par. 10 (U. S. Comp. st. 1901, p. 635], the consent of Congress to lay duties on imports but separate charges therefor are justified by or exports except what may be necessary under paragraph 8.-United States v. Keatley, 404. the inspection laws.-Territory of New Mexico
Separate trials under one indictment against v. Denver & R. G. R. Co., 1. several defendants are separate causes, within Exclusive control over interstate commerce Rev. St. U. S. $ 828 [U. S. Comp. St. 1901, p. vested in Congress held not infringed by en635), prescribing the docket fees of the clerk. — forcement against a vessel engaged in interstate United States v. Keatley, 404.
commerce of a lien given by a state statute for
materials used in its construction.—Iroquois COLLATERAL ATTACK.
Transp. Co. v._De Laney Forge & Iron Co.,
509; Same v. Edwards, Id. On judgment, see "Judgment," $ 4.
§ 2. Subjects of regulation.
Placing an interstate shipment of intoxicat
ing liquors in a warehouse to await delivery to COLLATERAL UNDERTAKING. consignees held not arrival within the state
within Wilson Act Aug. 8, 1890, c. 728, 26 See “Guaranty."
Stat. 313 [U. S. Comp. St. 1901, p. 3177].
Heymann v. Southern Ry. Co., 104.
Delivery of interstate shipment of liquor to
consignees held necessary to their arrival withOf taxes, see "Taxation," 6.
in Wilson Act Aug. 8, 1890, c. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 3177], so as to
subject them to the laws of the state.-HeyCOLLEGES AND UNIVERSITIES. mann v.. Southern Ry. Co., 104. Validity in general of laws relating to normal to forward car from original point to another
Intention of owners of interstate shipment schools, see "Constitutional Law," $ 1.
point in the same state, held not to make the No particular institutions are entitled to ap- shipment an interstate one which would exempt propriations made by Act July 2, 1862, c. it from regulations of the state railroad com130, 12 Stat. 503, granting lands or scrip' for mission.—Gulf, C. & S. F. Ry. Co. v. State of the endowment of an agricultural college in Texas, 360. states, and by Act Aug. 30, 1890, c. 841, 26 Agreement of local agent of express company Stat. 417 [U. S. Comp. St. 1901, p. 3214]; to hold for a few days a C. 0. D. interstate but the states take the property charged with shipment of intoxicating liquors held not to the duty to devote it to the purpose intended. destroy the character of the transaction as -State of Wyoming v. Irvine, 613.
interstate commerce.-Adams Express Co. v.
Commonwealth of Kentucky, 606, 608; AmeriCOLLISION.
can Express Co. v. Same, 609.
$ 3. Means and methods of regulation. Former judgment as bar to action to enforce Prohibition against the receipt by common
contribution for injuries from, see "Judg- carriers beyond the limits of the territory of ment," 8 5.
hides not inspected as required by Act N. M. With breakwater, see "Shipping," $ 1.
March 19, 1901, held a valid exercise of the *Point annotated. See syllabus.
police power, and not a violation of the com- has brought about a general disturbance in merce clause of the federal Constitution.-Ter- relations previously existing and has created ritory of New Mexico v. Denver & R. G. R. discriminations among manufacturers and shipCo., 1.
pers.-Cincinnati, H. & D. Ry. Co. v. InterThe fee imposed by Act N. M. March 19, 1901, state Commerce Commission, 648. for the inspection of hides offered for transpor Interstate Commerce Commission investigattation beyond the limits of the territory held ing complaint by soap manufacturers as to not to render the statute repugnant to com- freight rate could consider the whole subject merce clause of the federal Constitution.—Ter- and the operation of the classification in the ritory of New Mexico v. Denver & R. G. R. entire territory affected.-Cincinnati, H. & D. Co., 1.
Ry: Co. v. Interstate Commerce Commission, Order of Mississippi Railroad Commission un
648. der Code Miss. 1892, 88 3550, 4302, requiring *Findings of fact by Interstate Commerce railway company to stop its interstate mail Commission, concurred in by a federal circuit trains at a specified county seat, held unau-court, will not be disturbed unless clear error is thorized interference with interstate commerce. shown.-Illinois Cent. R. Co. y. Interstate Com- Mississippi R. Commission v. Illinois Cent.merce Commission, 700. R. Co., 90.
Concerted advance by interstate carriers in Act Pa. April 4, 1868, restricting the rights freight rate on a particular commodity may be of persons injured in their employment about held unreasonable by Interstate Commerce Comrailroads to those which an employé would mission and a federal circuit court, though have, held not repugnant to the commerce such rate may be but a mere division of a clause of the federal Constitution.-Martin v. through rate. Illinois Cent. R. Co. v. InterPittsburg & L. E. R. Co., 100.
state Commerce Commission, 700. Quarantine regulations of the Secretary of Even if error could be attributed to InterAgriculture, under Act Feb. 2, 1903, c. 349, state Commerce Commission in deciding that ex. 32 Stat. 791 [U. S. Comp. St. Supp. 1905, p. penditures for permanent improvements should 613], held void as an excess of the powers con- not be charged to operating expenses of a single ferred by that act, where on their face they ap- year for the purpose of testing the reasonableply as well to intrastate as to interstate com ness of an increased freight rate, such error merce.-Illinois Cent. R. Co. v. McKendree, 153; i would not require reversal of decree enforcing Same v. Edwards, 159.
order requiring carriers to desist from enforcing *Interstate commerce is unlawfully burdened such rate, where the findings show the old by a municipal ordinance exacting a license rates were profitable when permanent improvefrom a person employed by a foreign corporation ments were so charged.-Illinois Cent. R. Co. to solicit orders for groceries to be filled by v. Interstate Commerce Commission, 700. shipping goods for delivery to and collection of Rule that action at law to recover excessive the price from the customer.-Rearick v. Com- interstate freight charges cannot be maintained monwealth of Pennsylvania, 159.
before action by Interstate Commerce CommisUnconstitutional interference with interstate sion will not prevent a federal circuit court, commerce held not made by tax on transfers of which has suspended proceedings pending ac stock under Laws N. Y. 1905, c. 241, as applied in the exercise of its powers, under Act Feb. 4, to a sale in New York of foreign stock between 1887. c. 104, § 16, 24 Stat. 379 [U. S. Comp. nonresidents. People of State of New York v. St. 1901, p. 3154).--Southern Ry. Co. v. Tift, Reardon, 188.
709. *The annual license tax imposed by state law for selling liquor within the state by travel Commission declaring increased freight rate un
Parties, after action by Interstate Commerce ing salesmen, when applied to interstate commerce, held not repugnant to the federal Con- reasonable, may stipulate in subsequent proceedstitution in view of Wilson Act Aug. 8, 1890, c. 104, § 16, 24 Stat. 379 [U. S. Comp. St.
ings in federal court, under Act Feb. 4, 1887, c. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 1901, p. 3154], that the court may determine 3177).-Delamater v. State of South Dakotą,
amount of reparation.--Southern Ry. Co. v. 447.
Tift, 709. § 4. Interstate commerce commission. Final decree of federal circuit court in pro
Findings of Interstate Commerce Commis- ceedings under Act Feb. 4, 1887, c. 104, $ 16, sion that classification of freight rates produces 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154), preferences and discriminations will not be after action by Interstate Commerce Commisinterfered with on appeal, when concurred in sion declaring increased freight rate unreasonby a federal Circuit Court, unless unmistakable able, may direct order of reference to master error has been committed.—Cincinnati, H. & to ascertain the increase in rates paid since D. Ry. Co. v. Interstate Commerce Commission, the rate went into effect on stipulation for 648.
decree of restitution.-Southern Ry, Co. v. Any supposed admissions in complaint of soap
Tift, 709. manufacturers filed with Interstate Commerce Commission as to freight rate for common
COMMISSION. soap held ineffectual to deprive federal Circuit Court of jurisdiction in proceeding to enforce Interstate commerce commission, see "Coman order of the Commission directing carriers merce," $ 4. to desist from enforcing this classification.Cincinnati, H. & D. Ry. Co. v. Interstate Commerce Commission, 648.
COMMISSIONERS. Interstate Commerce Commission is acting See “United States Commissioners." within its powers in ordering carriers to de For sales of public lands, see "Public Lands," sist from enforcing a freight classification which § 1.
*Point annotated. See syllabus.
CONFLICT OF LAWS.
As to perpetuities, see "Perpetuities."
CONSPIRACY. See "Carriers."
Combinations to monopolize trade, see “Mo
nopolies," $ 1. COMMON LAW. Rights of shippers as to unreasonable rates by
CONSTITUTIONAL LAW. carriers, see "Carriers," $ 1.
Constitution of Indian nation, see "Indians."
Decisions of state courts as to validity of state COMMUNITY PROPERTY.
statutes as rules of decisions in federal courts,
see “Courts," § 8. See "Husband and Wife," $ 1.
Jurisdiction of supreme court in cases involving
constitutional questions, see “Courts," $8 11,
Violation of constitutional rights as ground for
habeas corpus, see “Habeas Corpus," § 1. For sales of public lands, see "Public Lands," Provisions relating to particular subjects. § 1.
See “Carriers,” Ş_1; “Commerce," $S 1, 3; Of particular classes of officers or other persons.
"Courts," $ 3; "Eminent Domain," § 1; "InSee “Brokers," $ 1; "Clerks of Courts"; "Unit- surance," § 1; “Master and Servant," § 1; ed States Commissioners.”
“Taxation," $ 2; "Territories." Naval officer, see "Army and Navy."
Enactment and validity of statutes, see "Stat
Power of United States over arid lands, see COMPETENCY.
"United States," $ 1. Of experts as witnesses, see "Evidence," $ 3.
§ 1. Construction, operation, and en
forcement of constitutional pro
Nonresident owners of land within levee dis
trict created by Act Ark. Feb. 15, 1893, p. 31, See "Pleading.”
who do not assert existence of conditions which, under section 11 of that act, as amended in
Act Ark. April 2, 1995, p. 88, § 1, would enCOMPROMISE AND SETTLEMENT.
title them to personal service in suit to en
force levee taxes, cannot object that they were See "Release.”
deprived of property without due process of law
where the verified complaint was insufficient to Of adverse claims to mineral rights, see “Mines sustain service by publication.-Ballard v. Hunand Minerals," $ 2.
The Montana Legislature must act in subordiCOMPUTATION.
nation to the state Constitution in executing
the authority intrusted by Congress in Enabling Of period of limitation, see “Limitation of Ac-Act Feb. 22, 1889, c. 180, $ 17, 25 Stat. 676, tions," $ 1.
granting public lands to the state for a normal school.-State of Montana v. Rice, 281.
*Whether state statute giving a lien on a vesCONCLUSION.
sel is an infringement on exclusive admiralty,
jurisdiction of the federal courts held not open Of witness, see "Evidence," $ 3.
in a case where no such lien is asserted.-Iro-
Co., 509; Same v. Edwards, Id.
§ 2. Distribution of governmental powTaking property for public use, see "Eminent
ers and functions. Domain.
Legislative and judicial powers are not unconstitutionally delegated to the Secretary of
War by River and Harbor Act, March 3, CONDITIONAL SALES.
1899, c. 425, $ 18, 30 Stat. 1121, 1153 [l. s.
Comp. St. 1901, p. 3545], authorizing him, See "Sales," $ 1.
when satisfied that a bridge over a navigable water way is an obstruction, to require chan
ges rendering navigation unobstructed.-Union CONDITIONS.
Bridge Co. v. United States, 367.
Congress, in dealing with the Philippine IsIn deeds, see "Deeds," 2.
lands, may delegate legislative authority to such
§ 3. Police power in general. Admissibility in evidence, see “Criminal Law," *The police power of a state held to embrace 8 6.
regulations designed to promote public conven*Point annotated. See syllabus.
ience or public prosperity.-Bacon v. Walker, for constructive service by publication on non289; Bown v. Walling, 292.
resident owners as to unpaid levee taxes for
four weeks only.-Ballard v. Hunter, 261. § 4. Obligation of contracts.
No contract obligation of a foreign benevo *A corporation cannot claim the protection lent society held impaired by state statute in- of Const. U. S. Amend. 14, securing privileges corporating a local society with the same name. and immunities of citizens against a bridgment -National Council, Junior Order of United by laws of a state.-Western Turf Ass'n v. American Mechanics of United States, v. State Greenberg, 384. Council of Virginia, Junior Order of United Privileges and immunities of a mineowner American Mechanics of State of Virginia, 46. as a citizen are not invaded in violation of
Contract obligations are not impaired by pro- Const. U. S. Amend. 14, by provisions of Minceedings under Gen. St. Conn. $8 3694, 3093, ing Act Ill. April 18, 1899 (Laws 1899, p. 300). by a railroad company, lessee of another rail Wilmington Star Min. Co. v. Fulton, 412. road and the owner of three-fourths of its stock
Act Neb. April 8, 1903, p. 644, c. 139, making to condemn outstanding shares owned by one it a misdemeanor to use representations of refusing to agree to the terms of purchase.-national flag for advertising purposes, held Offield v. New York, N. H. & H. R. Co., 72. to deny no privilege of American citizenship.
Imposition on street railway companies by Halter v. State of Nebraska, 419. Act Conn. July 1, 1895, of paving part of street § 6. Equal protection of laws. occupied by tracks held a valid exercise of power reserved by state to alter or amend the by a state statute incorporating local benev
Equal protection of the laws held not denied charter of such companies.-Fair Haven & w. olent society with the same name as that of R. Co. v. City of New Haven, 74.
voluntary association whose charter had been *Where a foreign corporation acquired in the withdrawn by foreign corporation that issued state of Colorado the right to do business there it.-National Council, Junior Order of United in under then existing laws, such right was un- American Mechanics of United States, v. State constitutionally impaired by a subsequent act Council of Virginia, Junior Order of United (Act Colo. March 22, 1902, Š 65), exacting from American Mechanics of State of Virginia, 16. such corporation a license fee double that im
Restricting mail clerks to such right of action posed by section 64 on domestic corporations against railway company for injuries received American Smelting & Refining Co. v. People in their employment as a railway employé of State of Colorado, 198.
would have hrid a reasonable classification, Reduction of estate from imposition of trans- rendering Act l'a. April 4, 1868, valid.-Martin fer tax under amendment of general tax law v. Pittsburg & L. E. R. Co., 100. by Laws N. Y. 1897, p. 150, c. 284, on the exercise by will of a power to appointment heldness in Missouri held not denied equal protec
Foreign life insurance company doing businot to render such statute in violation of Const. tion of the laws, by Rev. St. Mo. $ 7890, cutU. S. art. 1, § 10, as impairing contract obli- ting off any defense by a life insurance comgation.--Chanler v. Kelsey, 550.
pany based on fraudulent statements, except as Contractual obligations arising out of Gen. to matters contributing to the death of insured. St. Minn. 1894, c. 76, to enforce liability of --Northwestern Nat. Life Ins. Co. v. Riggs, stockholders prescribed by Const. Minn. art. ¡ 126. 10, $ 3, held not impaired by Gen. Laws Minn.
Equal protection of the laws held not denied 1899, p. 313, c. 272.-Bernheimer v. Converse, to domestic corporations whose principal office 755; Drey v. Same, Id.
and works are outside of the state, by Acts W. Contract with waterworks company fixing Va. 1905, c. 39.--St. Mary's Franco-American maximum water rates to private consumers for Petroleum Co. v. State of West Virginia, 132. 30 years, protected against impairment by contract clause of federal Constitution, could be facturing or wholesale merchandising, made by
Exception in favor of those engaged in manumade by city of Vicksburg, under Laws Miss. Laws N. C. 1905, c. 538, § 7, enacted to pre1886, p. 695, c. 358, $ 5.-City of Vicksburg v. vent dealing in futures. does not make the Vicksburg Waterworks Co., 762.
act void as in violation of Const. U. S. Amend. § 5. Privileges or immunities, and class 14, where the act does not relieve them from legislation.
of C. C. 221, $ 1, Privileges and immunities are not denied by prohibiting gambling in futures.-Gatewood 7. applying to interstate transportation provisions State of North Carolina, 167. of Act Pa. April 4, 1868, restricting right of Excluding foreign corporations from exempperson injured in their employment in or about tion from the inheritance tax in favor of proprailroads.-Martin v. Pittsburg & L. E. R. Co., erty devised for educational or religious uses, 100.
under Act Ill. May 10, 1901, p. 268, amend*Excluding foreign corporations from the ex- ing Laws Ill. 1895, p. 301, does not deny equal emption from the inheritance tax in favor of protection of law.-Board of Education of Kenproperty devised for educational or religious tucky, Annual Conference of Methodist Episcouses, under Act Ill. May 10, 1901, p. 268, pal Church v. People of State of Illinois, 171. amending Laws Ill. 1895, p. 301, does not abridge Successions which have been fully adminisprivileges or immunities of citizens of the Unit- tered may be exempted from inheritance tax ed States.- Board of Education of Kentucky An- imposed by Act La. June 28, 1904, without nual Conference of Methodist Episcopal Church rendering such statute void as 'a denial of the v. People of State of Illinois, 171.
equal protection of the laws, where the highest
state court decides that the state can tax the Nonresident owners of land within a levy
property until it has passed out of the succesheld not denied privileges or immunities of citi: sion of the testator.-Cahen v. Brewster, 174. zens because section 11 of that act, as amended *Nonresident owners of land within levee disin Act Ark. April 2, 1895, p. 88, § 1, provides 1 trict created by Act Ark. Feb. 15, 1893, p. 31,
*Point annotated. See syllabus.