CONDITIONAL SALE-Continued.

Requiring vendee to give notes and reserving right to vendor
to file mechanic's lien not inconsistent with retention of title
in vendor until full payment made. Id.

Trustee cannot under $47, par. 2, of Bankruptcy Act
assail contract of conditional sale filed within four months,
on ground that he has status of creditor fastening lien under
provisions of state law on property prior to recording con-
tract. Id.

Contract for conditional sale providing for surrender to
vendor in case of non-payment not preferential transfer to
vendor under § 60 of the Bankruptcy Act. Id.

Rights of mortgagee of chattels not affected by proceeding
to which he is not made party, between assignee in bank-
ruptcy and vendor. Id.

Under Kansas law contract for conditional sale must be re-
corded to make it valid against third parties but not against
assignee in bankruptcy. Id.

CONFISCATION:

Power arbitrarily exerted in imposing burden without an
advantage of any kind amounts to confiscation and violates
due process of law. Myles Salt Co. v. Iberia Drainage Dis-
trict...

CONFLICT OF LAWS:

Exclusive operation of Employers' Liability Act over its
subject to exclusion of state Statute conclusively established
by decisions of this court. Chicago & Rock Island Ry. v.
Devine..

CONGRESS:

PAGE

Acts construed and applied:

Alien Immigration Act. Gegiow v. Uhl....

3

Anti-trust Act. United States v. Hamburg-American Co... 466

Army. United States v. Ross.

530

Bankruptcy. Bailey v. Baker Ice Machine Co..

268

CONGRESS-Continued.

Employers' Liability Act. Atchison, T. & S. F. Ry. v.
Swearingen....

Atlantic Coast Line v. Burnette..

Chicago & Alton R. R. v. Wagner.

PAGE

336

199

452

Government Contracts. United States v. New York & P. R.

Interstate Commerce. Cleveland, C., C. & St. L. Ry. v. Dettle-

Judicial Code, § 24. Glenwood Light Co. v. Mutual Light Co. 121

§ 246. Hapai v. Brown..

§ 266. Phoenix Ry. v. Geary..

Judiciary Acts. Gsell v. Insular Customs Collector.

502

277

93

Patents. Briggs v. United Shoe Machinery Co..
Porto Rico. Elzaburu v. Chaves. ...

48

283

313

510

44

339

Great Northern Ry. v. Otos.

349

459

Post Road Act. Essex v. New England Tel. Co...
Pure Food and Drugs Act. Seven Cases v. United States..
Right of Way Act. Rio Grande Ry. v. Stringham.
Safety Appliance Act. Atchison, T. & S. F. Ry. v. Swearin-
gen.

Seamen's Act. Inter-Island Nav. Co. v. Byrne..

Washington Organic Act. Christianson v. King County... 356
Powers of: Congress, within its sphere, is paramount over
States, and courts cannot, where will of Congress plainly
appears, allow substantive rights to be impaired under name
of procedure. Atlantic Coast Line v. Burnette....
Congress, in its plenary control over Indians, had power to
pass act of June 25, 1910, vesting in Secretary of Interior
determination of heirs of allottee Indians dying within
trust period. Hallowell v. Commons.

199

... 506

United States has power to prohibit false personation of its
officers or false assumption of being an officer or holding a
non-existent office, and legislation to that end does not in-
terfere with or encroach on powers of States and § 32, Crim-
inal Code, is not unconstitutional. United States v. Barnow 74
Congress has wisely reserved to itself the right to give relief
where claim founded on torts of officer of United States.
Basso v. United States...

602

530

Army regulation has force only so far as in accord with Acts
of Congress. United States v. Ross. .. ..
Shirley Amendment to Food and Drug Act making misbrand-
ing include false and fraudulent statements as to curative
power within power of Congress to regulate interstate com-
merce. Seven Cases &c. v. United States......
Complete power over foreign commerce thoroughly settled
by former decisions of this court. Weber v. Freed... ... 325
Has power to prohibit importation of foreign articles, in-
cluding pictorial illustrations of prizefights designed for
public exhibitions. Id

Power of, to prohibit importation of pictures for exhibition
purposes not affected by fact that exhibitions are under
state control. Id.

CONGRESS.-Continued.

Congress not to be denied exercise of constitutional author-
ity over interstate commerce because necessary means have
quality of police regulations. Seven Cases &c. v. United
States...

Congress did not exceed power in passing Citizenship Act of
1907. Mackenzie v. Hare..

Congress has power to adopt basis of distribution between
corporations carrying current indebtedness exceeding capi-
tal and those that do not, and provision in Corporation Tax
Act limiting interest deductions to an amount of the in-
debtedness not exceeding capital is not an arbitrary classi-
fication denying due process of law under Fifth Amendment.
Anderson v. Forty-Two Broadway Co... ....

Intent of: By passing act June 25, 1910, vesting power to
determine legal heirs of allottee Indians in Secretary of In-
terior, Congress evinced change of public policy and its
opinion as to better manner preserving rights of Indians.
Hallowell v. Commons ...

PAGE

510

299

69

506

In construing statute, the court will regard it as more rational
to assume Congress dealing with present affairs than reopen-
ing finished transactions. White v. United States...
Motive of, in exerting plenary power cannot be considered
for purpose of refusing to give effect to power when exer-
cised. Weber v. Freed..

608

325

See Riparian Rights.

CONSTITUTIONAL LAW:

I. Who may question constitutionality.

14

County officers have no personal interest in litigation
brought to apply public moneys and cannot defend a suit
on ground that statute deprives him of his property without
due process of law. Stewart v. Kansas City..
Quare, whether grantee of Indian can avail of right, if any,
to assert unconstitutionality of Act of Congress affecting
rights of the Indian or whether such grantee can urge rights
of tribe to which grantor belongs. Williams v. Johnson.... 414
II. Congress, Powers and Duties of. See Congress.
III. States.

State may restrict foreign corporation from doing business
within State so long as interstate commerce not burdened.
Interstate Amusement Co. v. Albert.

So far as Federal Constitution is concerned, State may de-
fray entire expense of improving political subdivisions from

560

CONSTITUTIONAL LAW-Continued.
state funds raised by general taxation, or it may apportion
burden among municipalities or create tax districts either
directly by legislature or by delegated authority, and pro-
priety of delegation is a state matter not reviewable by this
court. O'Neill v. Leamer . . . . . .

Section 32, Criminal Code, is not unconstitutional as an
interference with or encroachment on powers of States.
United States v. Barnow.

Suit against officers of State about to proceed wrongfully to
enforce unconstitutional state statute to complainant's
injury not suit against State. Truax v. Raich

IV. Contract Clause.

See States.

Act of April 21, 1902, renewing restrictions on alienation of
Choctaw allotments under act of July 1, 1902, does not
impair obligation of contracts with Choctaws and Chicka-
saws. Williams v. Johnson....

PAGE

244

74

33

414

Legislative charter for drainage district not a contract that
laws it was created to administer will not be changed.
Houck v. Little River District.

254

Taxes imposed by New Jersey upon lessee of Morris Canal
Company not unconstitutional impairment of obligation of
contract. Morris Canal Co. v. Baird..

126

V. Commerce Clause.

Power of Congress over foreign commerce not affected by
fact that article imported is to be used for purpose under
state control. Weber v. Freed..

Tennessee statute requiring foreign corporations to take
specified steps before maintaining action is not unconstitu-
tional as interference with interstate commerce. Interstate
Amusement Co. v. Albert. ... ..

See Interstate Commerce.

VI. Fifth Amendment.

Congress has power to adopt basis of distribution between
corporations carrying current indebtedness exceeding capital
and those that do not; and provision in Corporation Tax
Act limiting interest deductions to an amount of the indebt-
edness not exceeding capital is not an arbitrary classification.
denying due process of law under Fifth Amendment. An-
derson v. Forty-Two Broadway Co..

325

560

69

Act of April 21, 1902, renewing restrictions on alienation of
Choctaw allotments under act of July 1, 1902, does not
violate Fifth Amendment. Williams v. Johnson.

414