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Laws relating to liabilities for injuries to mail clerks as denying equal protection of law, see "Constitutional Law," § 6.

Mandamus to enforce rates fixed by railroad commission, see "Mandamus," § 2.

Railway postal clerks, see "Post Office," § 1. Regulations of denying due process of law, see "Constitutional Law," § 7.

Scope and extent of review by Supreme Court of questions relating to freight rates, see "Courts," § 13.

Violation of liquor laws by express companies, see "Intoxicating Liquors," § 1.

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*The state of Mississippi may, as far as the federal Constitution is concerned, establish a flat rate on grain and grain products within the state.-Alabama & V. Ry. Co. v. Railroad Commission of State of Mississippi, 163.

A shipper cannot maintain an action against a common carrier because of unreasonable freight rate exacted for interstate shipment, since the right to sue for redress from violation the t to regulate commerce (Act Feb. 4, 1887, c. 104, §§ 9, 22, 24 Stat. 382 [U. S. Comp. St. 1901, pp. 3159, 3170]), does not continue in shippers such common-law right which would be inconsistent with the provisions of the statute.Texas & P. Ry. Co. v. Abilene Cotton Oil Co., 350.

*Interstate freight rates held established when a schedule is filed with the interstate commerce commission and copies are furnished to freight offices, although such rates may not be posted as required by Act March 2, 18S9. c. 382, § 6. 25 Stat. 855 [U. S. Comp. St. 1901, p. 31581.-Texas & P. Ry. Co. v. Cisco Oil Mill, 358.

The power of the state to regulate railroads. extends to securing to the public reasonable facilities for making connections between different carriers.-Atlantic Coast Line R. Co. v. North Carolina Corp. Commission, 585.

Unlawful preferences held created by fixing freight rate for common soap.-Cincinnati, H. & D. Ry. Co. v. Interstate Commerce Commission, 648.

Disturbance in relations between freight rates for soap in car load and less than car load lots held not cured by subsequent classification. -Cincinnati, H. & D. Ry. Co. v. Interstate Commerce Commission, 648.

No presumption of law that a freight rate is reasonably low exists because it has been published and filed by carrier with Interstate Commerce Commission.-Illinois Cent. R. Co. v. Interstate Commerce Commission, 700.

Expenditures for permanent improvements and equipment should not be charged to operating expenses of the year in determining reasonableness of increased freight rate.-Illinois Cent. R. Co. v. Interstate Commerce Commission, 700.

§ 2. Carriage of goods.

Carrier issuing bills of lading for receipts given by a compress company for cotton held liable for loss by fire by the negligence of the servants of the compress company.-Arthur V. Texas & P. Ry. Co., 338.

*Clause in bill of lading, exempting carrier from liability for loss by fire held valid.-Arthur v. Texas & P. Ry. Co., 338.

CASE CERTIFIED OR RESERVED.

For determination by Supreme Court, see "Courts," 10.

CEMETERIES.

Restrictions on perpetuities affecting trust for keeping up lot and monuments, see "Perpetuities."

CERTIFICATE.

Of case or question of law for determination by Supreme Court, see "Courts," § 10.

CERTIORARI.

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CHATTEL MORTGAGES.

Effect of proceeding in bankruptcy, see "Bankruptcy," § 4.

§ 1. Assignment of mortgage or debt. of assignment of a chattel mortgage given to Failure of Kansas laws to prohibit recording secure a note does not make such action necessary to protect the assignee.-National Live Stock Bank v. First Nat. Bank, 79.

Provision for recording satisfaction of chattel mortgage under Gen. St. Kan. 1901, § 4251, par. 36, does not make it necessary to record assignment of mortgage to protect assignee.National Live Stock Bank v. First Nat. Bank, 79.

CIRCUIT COURTS OF APPEALS.
See "Courts," § 16.
Certiorari to, see "Certiorari," § 1.
CITIES.

See "Municipal Corporations."

CITIZENS.

See "Aliens"; "Indians."

Citizenship ground of jurisdiction of United States courts, see "Courts," § 5; "Removal of Causes," 88 1, 2.

Equal protection of laws, see "Constitutional Law," § 6.

*Point annotated. See syllabus.

CITIZENSHIP.

Diverse citizenship as ground of appellate jurisdiction of circuit court of appeals, see "Courts," 16.

CIVIL RIGHTS.

See "Constitutional Law," §§ 5, 6.

CIVIL SERVICE.

Appellate jurisdiction of supreme court of proceedings to compel restoration to position under civil service laws, see "Courts," § 12.

CLAIMS.

Against estate of bankrupt, see "Bankruptcy," 5.

Against United States, see "United States," § 2.

Court of claims, see "Courts," § 17.
Mining claims, see "Mines and Minerals," § 1.

CLERKS OF COURTS.

Services of clerk in a federal court for recording abstracts of judgment held not covered by the docket fees prescribed by Rev. St. U. S. § 828, par. 10 [U. S. Comp. St. 1901, p. 635], but separate charges therefor are justified by paragraph 8.-United States v. Keatley, 404. Separate trials under one indictment against several defendants are separate causes, within Rev. St. U. S. § 828 [U. S. Comp. St. 1901, p. 635], prescribing the docket fees of the clerk. United States v. Keatley, 404.

COLLATERAL ATTACK.

On judgment, see "Judgment," § 4.

COLLATERAL UNDERTAKING.

See "Guaranty."

COLLECTION.

Of taxes, see "Taxation," § 6.

COLLEGES AND UNIVERSITIES. Validity in general of laws relating to normal schools, see "Constitutional Law," § 1. No particular institutions are entitled to appropriations made by Act July 2, 1862, c. 130, 12 Stat. 503, granting lands or scrip for the endowment of an agricultural college in states, and by Act Aug. 30, 1890, c. 841, 26 Stat. 417 [U. S. Comp. St. 1901, p. 3214]; but the states take the property charged with the duty to devote it to the purpose intended. -State of Wyoming v. Irvine, 613.

COLLISION.

Former judgment as bar to action to enforce contribution for injuries from, see "Judgment," § 5.

With breakwater, see "Shipping," § 1.

§ 1. Suits for damages.

Right of one of two vessels, both in fault for a collision, to enforce contribution, where it has paid the entire damage to the cargo, held not 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.

COLOR OF TITLE.

To sustain adverse possession, see "Adverse Possession."

COMBINATIONS.

See "Monopolies," § 1.

COMITY.

Between courts, see "Courts," § 18.

COMMERCE.

Carriage of goods and passengers, see "Carriers"; "Shipping."

1. Power to regulate in general. *Only articles imported from or exported to foreign countries, are within Const. U. S. art. 1, § 10, forbidding any state without the consent of Congress to lay duties on imports or exports except what may be necessary under the inspection laws.-Territory of New Mexico V. Denver & R. G. R. Co., 1.

Exclusive control over interstate commerce vested in Congress held not infringed by enforcement against a vessel engaged in interstate commerce of a lien given by a state statute for materials used in its construction.-Iroquois Transp. Co. v. De Laney Forge & Iron Co., 509; Same v. Edwards, Id.

§ 2. Subjects of regulation.

Placing an interstate shipment of intoxicating liquors in a warehouse to await delivery to consignees held not arrival within the state within Wilson Act Aug. 8, 1890, c. 728, 26 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 within 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.-Heymann v. Southern Ry. Co., 104.

to forward car from original point to another Intention of owners of interstate shipment point in the same state, held not to make the shipment an interstate one which would exempt it from regulations of the state railroad commission. Gulf, C. & S. F. Ry. Co. v. State of Texas, 360.

Agreement of local agent of express company to hold for a few days a C. O. D. interstate shipment of intoxicating liquors held not to destroy the character of the_transaction as interstate commerce.-Adams Express Co. v. Commonwealth of Kentucky, 606, 608; American Express Co. v. Same, 609.

§ 3. Means and methods of regulation. Prohibition against the receipt by common carriers beyond the limits of the territory of hides not inspected as required by Act N. M. 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. Interstate Commerce Commission, 648.

The fee imposed by Act N. M. March 19, 1901, for the inspection of hides offered for transportation beyond the limits of the territory held not to render the statute repugnant to commerce clause of the federal Constitution.-Territory of New Mexico v. Denver & R. G. R. Co., 1.

Order of Mississippi Railroad Commission under Code Miss. 1892, §§ 3550, 4302, requiring railway company to stop its interstate mail trains at a specified county seat, held unauthorized interference with interstate commerce. -Mississippi R. Commission v. Illinois Cent. R. Co., 90.

Act Pa. April 4, 1868, restricting the rights of persons injured in their employment about railroads to those which an employé would have, held not repugnant to the commerce clause of the federal Constitution.-Martin v. Pittsburg & L. E. R. Co., 100.

Quarantine regulations of the Secretary of Agriculture, under Act Feb. 2, 1903, c. 349, 32 Stat. 791 [U. S. Comp. St. Supp. 1905, p. 613], held void as an excess of the powers conferred by that act, where on their face they apply as well to intrastate as to interstate commerce.-Illinois Cent. R. Co. v. McKendree, 153; Same v. Edwards, 159.

*Interstate commerce is unlawfully burdened by a municipal ordinance exacting a license from a person employed by a foreign corporation to solicit orders for groceries to be filled by shipping goods for delivery to and collection of the price from the customer.-Rearick v. Commonwealth of Pennsylvania, 159.

Unconstitutional interference with interstate commerce held not made by tax on transfers of stock under Laws N. Y. 1905, c. 241, as applied to a sale in New York of foreign stock between nonresidents. People of State of New York v. Reardon, 188.

*The annual license tax imposed by state law for selling liquor within the state by traveling salesmen, when applied to interstate commerce, held not repugnant to the federal Constitution in view of Wilson Act Aug. 8, 1890, c. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 3177].-Delamater v. State of South Dakota.

447.

§ 4. Interstate commerce commission. Findings of Interstate Commerce Commission that classification of freight rates produces preferences and discriminations will not be interfered with on appeal, when concurred in by a federal Circuit Court, unless unmistakable error has been committed.-Cincinnati, H. & D. Ry. Co. v. Interstate Commerce Commission, 648.

Interstate Commerce Commission investigating complaint by soap manufacturers as to freight rate could consider the whole subject and the operation of the classification in the entire territory affected.-Cincinnati, H. & D. Ry. Co. v. Interstate Commerce Commission, 648.

*Findings of fact by Interstate Commerce Commission, concurred in by a federal circuit court, will not be disturbed unless clear error is shown.-Illinois Cent. R. Co. v. Interstate Commerce Commission, 700.

Concerted advance by interstate carriers in freight rate on a particular commodity may be held unreasonable by Interstate Commerce Čommission and a federal circuit court, though such rate may be but a mere division of a through rate.-Illinois Cent. R. Co. v. Interstate Commerce Commission, 700.

Even if error could be attributed to Interstate Commerce Commission in deciding that expenditures for permanent improvements should not be charged to operating expenses of a single year for the purpose of testing the reasonableness of an increased freight rate, such error would not require reversal of decree enforcing order requiring carriers to desist from enforcing such rate, where the findings show the old rates were profitable when permanent improvements were so charged.-Illinois Cent. R. Co. v. Interstate Commerce Commission, 700.

Rule that action at law to recover excessive interstate freight charges cannot be maintained before action by Interstate Commerce Commission will not prevent a federal circuit court, which has suspended proceedings pending action by the Commission, from granting_relief in the exercise of its powers, under Act Feb. 4, 1887, c. 104, § 16, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154].--Southern Ry. Co. v. Tift, 709.

Commission declaring increased freight rate unParties, after action by Interstate Commerce reasonable, may stipulate in subsequent proceedings in federal court, under Act Feb. 4, 1887, . 104, § 16, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154], that the court may determine amount of reparation.-Southern Ry. Co. v. Tift, 709.

Final decree of federal circuit court in proceedings under Act Feb. 4, 1887, c. 104, § 16, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154], after action by Interstate Commerce Commission declaring increased freight rate unreasonable, may direct order of reference to master to ascertain the increase in rates paid since the rate went into effect on stipulation for decree of restitution.-Southern Ry. Co. v. Tift, 709.

COMMISSION.

Any supposed admissions in complaint of soap manufacturers filed with Interstate Commerce Commission as to freight rate for common 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 to desist from enforcing this classification.Cincinnati, H. & D. Ry. Co. v. Interstate Commerce Commission, 648.

merce," 4.

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.

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CONFLICT OF LAWS.

As to perpetuities, see "Perpetuities." Conflicting jurisdiction of courts, see "Courts," $ 18.

CONSPIRACY.

Combinations to monopolize trade, see "Monopolies," § 1.

CONSTITUTIONAL LAW.

Constitution of Indian nation, see "Indians." Decisions of state courts as to validity of state statutes as rules of decisions in federal courts, see "Courts," § 8.

Jurisdiction of supreme court in cases involving constitutional questions, see "Courts," §§ 11,

14. Violation of constitutional rights as ground for habeas corpus, see "Habeas Corpus," § 1.

Provisions relating to particular subjects. See "Carriers," § 1; "Commerce," §§ 1, 3; "Courts," § 3; "Eminent Domain," § 1; "Insurance," § 1; "Master and Servant," § 1; "Taxation," § 2; "Territories."

Enactment and validity of statutes, see "Statutes," § 1.

Power of United States over arid lands, see "United States," § 1.

§ 1. Construction, operation, and

forcement of constitutional provisions.

Nonresident owners of land within levee district created by Act Ark. Feb. 15, 1893, p. 31, who do not assert existence of conditions which, under section 11 of that act, as amended in Act Ark. April 2, 1895, p. 88, § 1, would entitle them to personal service in suit to enforce levee taxes, cannot object that they were 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.

COMPUTATION.

ter, 261.

The Montana Legislature must act in subordination 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.

CONCLUSION.

Of witness, see "Evidence," § 3.

CONDEMNATION.

Taking property for public use, see "Eminent Domain."

CONDITIONAL SALES.

See "Sales," § 1.

CONDITIONS.

In deeds, see "Deeds," § 2.

CONFESSION.

Admissibility in evidence, see "Criminal Law," § 6.

*Point annotated.

granting public lands to the state for a normal school.-State of Montana v. Rice, 281.

*Whether state statute giving a lien on a vessel is an infringement on exclusive admiralty, jurisdiction of the federal courts held not open in a case where no such lien is asserted.-Iroquois Transp. Co. v. De Laney Forge & Iron Co., 509; Same v. Edwards, Id.

§ 2. Distribution of governmental powers and functions.

Legislative and judicial powers are not unconstitutionally delegated to the Secretary of War by River and Harbor Act, March 3, 1899, c. 425, § 18, 30 Stat. 1121, 1153 [U. S. Comp. St. 1901, p. 3545], authorizing him, when satisfied that a bridge over a navigable water way is an obstruction, to require changes rendering navigation unobstructed.-Union Bridge Co. v. United States, 367.

Congress, in dealing with the Philippine Islands, may delegate legislative authority to such agencies as it may select.-United States v. Heinszen, 742.

3. Police power in general.

*The police power of a state held to embrace regulations designed to promote public convenSee syllabus.

ience or public prosperity.-Bacon v. Walker, | for constructive service by publication on non289; Bown v. Walling, 292.

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resident owners as to unpaid levee taxes for four weeks only.-Ballard v. Hunter, 261.

*A corporation cannot claim the protection of Const. U. S. Amend. 14, securing privileges and immunities of citizens against abridgment by laws of a state.-Western Turf Ass'n v. Greenberg, 384.

No contract obligation of a foreign benevolent society held impaired by state statute incorporating a local society with the same name. -National Council, Junior Order of United American Mechanics of United States, v. State 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. §§ 3694, 3695, 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 occupied by tracks held a valid exercise of power reserved by state to alter or amend the charter of such companies.-Fair Haven & W. R. Co. v. City of New Haven, 74.

*Where a foreign corporation acquired in the state of Colorado the right to do business therein under then existing laws, such right was unconstitutionally impaired by a subsequent act (Act Colo. March 22, 1902, § 65), exacting from such corporation a license fee double that imposed by section 64 on domestic corporations. American Smelting & Refining Co. v. People of State of Colorado, 198.

Reduction of estate from imposition of transfer tax under amendment of general tax law by Laws N. Y. 1897, p. 150, c. 284, on the exercise by will of a power to appointment held not to render such statute in violation of Const. U. S. art. 1, § 10, as impairing contract obligation.-Chanler v. Kelsey, 550.

Contractual obligations arising out of Gen. St. Minn. 1894, c. 76, to enforce liability of stockholders prescribed by Const. Minn. art. 10. 3, held not impaired by Gen. Laws Minn. 1899, p. 315, c. 272. Bernheimer v. Converse, 755; Drey v. Same, Id.

Contract with waterworks company fixing maximum water rates to private consumers for 30 years, protected against impairment by contract clause of federal Constitution, could be made by city of Vicksburg, under Laws Miss. 1886. p. 695, c. 358, § 5.-City of Vicksburg v. Vicksburg Waterworks Co., 762.

§ 5. Privileges or immunities, and class legislation.

Privileges and immunities are not denied by applying to interstate transportation provisions of Act Pa. April 4, 1868, restricting right of person injured in their employment in or about railroads.-Martin v. Pittsburg & L. E. R. Co.,

100.

*Excluding foreign corporations from the exemption from the inheritance tax in favor of property devised for educational or religious uses, under Act Ill. May 10, 1901, p. 268, amending Laws Ill. 1895, p. 301, does not abridge privileges or immunities of citizens of the United States.-Board of Education of Kentucky Annual Conference of Methodist Episcopal Church v. People of State of Illinois, 171.

Nonresident owners of land within a levy district created by Act Ark. Feb. 15, 1893, p. 31, held not denied privileges or immunities of citi zens because section 11 of that act, as amended in Act Ark. April 2, 1895, p. 88, § 1, provides

§ 6. Equal protection of laws.

by a state statute incorporating local benevEqual protection of the laws held not denied olent society with the same name as that of voluntary association whose charter had been withdrawn by foreign corporation that issued it.-National Council, Junior Order of United American Mechanics of United States, v. State Council of Virginia, Junior Order of United American Mechanics of State of Virginia, 46.

Restricting mail clerks to such right of action against railway company for injuries received in their employment as a railway employé would have held a reasonable classification, rendering Act l'a. April 4, 1868. valid.-Martin v. Pittsburg & L. E. R. Co., 100.

Foreign life insurance company doing business in Missouri held not denied equal protection of the laws, by Rev. St. Mo. § 7890, cutting off any defense by a life insurance company based on fraudulent statements, except as to matters contributing to the death of insured. Northwestern Nat. Life Ins. Co. v. Riggs, 126.

Equal protection of the laws held not denied to domestic corporations whose principal office and works are outside of the state, by Acts W. Va. 1905, c. 39.-St. Mary's Franco-American Petroleum Co. v. State of West Virginia, 132.

facturing or wholesale merchandising, made by Exception in favor of those engaged in manuLaws N. C. 1905, c. 538, § 7, enacted to prevent dealing in futures, does not make the act void as in violation of Const. U. S. Amend. 14, where the act does not relieve them from the operation of Laws N. C. 1899, c. 221, § 1, prohibiting gambling in futures.-Gatewood v. State of North Carolina, 167.

Excluding foreign corporations from exemption from the inheritance tax in favor of property devised for educational or religious uses, under Act Ill. May 10, 1901, p. 268, amending Laws Ill. 1895, p. 301, does not deny equal protection of law.-Board of Education of Kentucky Annual Conference of Methodist Episcopal Church v. People of State of Illinois, 171.

Successions which have been fully administered may be exempted from inheritance tax imposed by Act La. June 28, 1904, without rendering such statute void as a denial of the equal protection of the laws, where the highest state court decides that the state can tax the property until it has passed out of the succession of the testator.-Cahen v. Brewster, 174.

*Nonresident owners of land within levee district created by Act Ark. Feb. 15, 1893, p. 31, *Point annotated. See syllabus.

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