CASES OVERRULED, ETC.:

For cases approved, distinguished, explained, followed and
overruled, see Table of Cases Cited in front of volume.

CERTIFICATES OF INDEBTEDNESS:

No essential difference between them and municipal bonds.
Denver v. Home Savings Bank. ... ..

PAGE

101

Authority of municipality to issue carries authority to make
negotiable. Id.

CERTIORARI:

Where appeal properly prosecuted and certiorari also asked
from same judgment of Circuit Court of Appeals, latter
denied. Tyler Co. v. Ludlow-Saylor Wire Co......
Certiorari denied in case appealable under Circuit Court of
Appeals Act. Globe Bank v. Martin.

723.

288

CHARTERS. See Corporations.

CIRCUIT COURT OF APPEALS:

Finality of decree. See McCormick v. Oklahoma City.
See Appeal and Error; Jurisdiction.

657

CITIZEN AND CITIZENSHIP:

Prior to initiation of some right given by law, citizen has no
enforceable interest in public statutes nor private right in
land the property of the people. United States v. Midwest

Oil Co..

459

CLASSIFICATION:

Cases involving power of State and reasonableness of exer-
cise. Bosley v. McLaughlin..

Miller v. Wilson.

Norfolk & West. Ry. v. West Virginia..

Northern Pacific Ry. v. North Dakota..

COAL MINING:

Coal mining proper subject for police regulation; measure of
relief for determination of legislature. Rail & River Coal
Co. v. Ohio Industrial Comm...

385

373

605

585

338

See Constitutional Law; Employer and Employé.
COMMERCE. See Constitutional Law; Foreign Commerce;
Interstate Commerce; States.

COMMON CARRIERS:

Under contracts for limited liability, based on rate selected
by shipper, and fairly made, shipper in case of loss is limited

COMMON CARRIERS—Continued.

to recover specified amount. Pierce Co. v. Wells, Fargo &
Co...

Such contracts do not contravene settled principles of com-
mon law preventing contracting against liability for negli-
gence. Id.

Amount to which liability limited and additional rate for
additional liability must be stated in filed tariff and equally
applicable. Id.

PAGE

278

State statute requiring interchange of freight cars between
carriers as to intrastate commerce is not so unreasonable
as to amount to taking property without due process of law.
Michigan Cent. R. R. v. Michigan Railroad Comm... ...... 615
State may require carrier to permit its equipment to be
hauled off its line by other carriers. Id.

State may require carrier to permit its empty or loaded cars
for purposes of loading or delivery of intrastate freight and
to permit cars of other carriers loaded with such freight con-
signed to points on connecting line to be hauled from its line
upon the connecting line for purposes of delivery. Id.
State may compel carrier to accept loaded cars from another
line and transport them over its own. Id.

State may require two railroads to make connection between
their tracks to facilitate interchange of traffic without affect-
ing rights secured by Constitution. Id.

State has no arbitrary power over rates, and may not select
commodity or class of traffic and require its transportation
for less than cost or merely nominal compensation. North-
ern Pacific Ry. v. North Dakota..

Norfolk & West. Ry. v. West Virginia .

State has broad discretion in prescribing reasonable rates for
carriers within its jurisdiction. Id.

........

Quare, whether compulsory inspection of correspondence of
carriers can be permitted within their constitutional rights.
United States v. Louisville & Nashville R. R. Co.....
See Anti-Trust Act; Constitutional Law; Interstate
Commerce; Passes; Rates; Safety Appliance Act;
States.

COMMON LAW:

585

605

318

Is subject to change by legislation. Michigan Cent. R. R.
v. Michigan Railroad Comm....

615

Effect of contracts for limited liability on principles relative
to negligence. Pierce & Co. v. Wells, Fargo & Co.. ....... 278

CONDEMNATION OF LAND:

As to sufficiency of notice and assessment of benefits in pro-
ceeding in District of Columbia, see District of Columbia.

CONFIDENTIAL COMMUNICATIONS:

Protection of confidential communications between attorney
and client matter of public policy. United States v. Louis-
ville & Nashville R. R. Co...

CONFLICT OF LAWS:

PAGE

318

Where there are substantive differences between state and
Federal statutes in regard to defenses of assumption of risk
and contributory negligence, proceeding under former is re-
versible error. Toledo, St. L. & W. R. R. v. Slavin ....... 454
Oklahoma Enabling Act did not repeal acts of 1892 and 1897,
prohibiting introduction of liquor into Indian country within
Oklahoma either as to interstate or intrastate shipments, but
as to intrastate transactions made act of 1895 unenforceable.
Joplin Mercantile Co. v. United States...

531

Active exercise of Federal authority in suppressing introduc-
tion of liquor into Indian country under act of March 1,
1895, held suspended pending exertion of state authority on
subject prescribed by Oklahoma Enabling Act. Id.
Laws of Oklahoma, continued by Enabling Act, conferring
rights of majority on minors, not effective against action of
Congress in act of 1908 relative to disposition of allotments of
minor members of Five Civilized Tribes. Truskett v. Closser 223
Title under lease made by guardian of Indian minor pur-
suant to provisions of act of May 27, 1908, held superior to
that under lease made by minor after removal of disabilities
by state court under state law. Id.

Federal Safety Appliance Act excludes action on subject by
States. Southern Ry. Co. v. Railroad Comm. of Indiana.... 439
Indiana safety appliance statute superseded by Federal act
so that penalties imposed by former not recoverable as to
cars operated on interstate railroads although engaged only
in intrastate traffic. Id.

Disposition of fund obtained under attachment by virtue of
state laws, under which attaching creditors alone would
share, lien having been preserved under § 67-b of Bankruptcy
Act, determined by rule prevailing in Federal jurisdiction.
and not by that in state court in absence of bankruptcy.
Globe Bank v. Martin ....

Provisions of Bankruptcy Act in regard to attachments and

288

CONFLICT OF LAWS-Continued.

liens acquired under state laws are superior to all state laws.
Id.

CONFORMITY ACT:

PAGE

Application of. See Phillips Co. v. Grand Trunk West. Ry.... 662

CONGRESS:

Acts construed and applied:

Anti-trust Act. Wilder Mfg. Co. v. Corn Products Co...

United States v. St. Louis Terminal.
Pennsylvania Co. v. United States.

Bankruptcy Act of 1898. Lesser v. Gray

Globe Bank v. Martin.

Lehman v. Gumbel ...

165

194

351

70

288

448

Criminal Code, § 37.

Williams v. U. S. Fidelity Co.... 549
Gleason v. Thaw

Circuit Court of Appeals Act. Globe Bank v. Martin.
Conformity Act. Phillips Co. v. Grand Trunk West. Ry.
United States v. Holte...

558

288

662

140

Joplin Mercantile Co. v. United States 531
§ 125. United States v. Smull . .

405

District of Columbia Code, § 491c. District of Columbia v.
Lynchburg Invest. Corp. . . .

692

Employers' Liability Act. Washington, A. & Mt. V. Ry. v.
Downey...

190

Interstate Commerce Acts. United States v. Erie R. R. Co.. 259

Pierce Co. v. Wells, Fargo & Co. 278

United States v. Louisville &

CONGRESS—Continued.

PAGE

Judicial Code, § 237. Norfolk & West. Ry. v. West Virginia 605
Seaboard Air Line v. Padgett... .... 668
238. Brolan v. United States...

§ 250, cl. 6. Washington, A. & Mt. V. Ry. v.

Downey....

216

190

Judiciary, Rev. Stat., § 720. Simon v. Southern Ry. Co... 115
Military Law. Stearns v. Wood..

75

Oklahoma Enabling Act. Joplin Mercantile Co. v. United
States.

531

Original and Supplemental Creek Agreements. Reynolds v.
Fewell..

58

Shellenbarger v. Fewell..

68

Patents. Tyler Co. v. Ludlow-Saylor Wire Co.

723

Public Land Laws.

United States v. Smull. .

405

United States v. Midwest Oil Co.

459

Suits in forma pauperis. Kinney v. Plymouth Rock Squab
Co......

Safety Appliance Acts. Southern Ry. v. Railroad Comm. of
Indiana.....

Suits for penalties, Rev. Stat., § 1047. Meeker & Co. v.
Lehigh Valley R. R...

568

Wilson Act of 1890. Kirmeyer v. Kansas...

Acts Cited, Construed and Applied: See Table of Statutes
Cited at front of volume.

Consent to executive practice: Silence equivalent to acquies-
cence and consent to continuance of executive practice.
United States v. Midwest Oil Co....

459

Action in particular case not to be construed as denial of ex-
ecutive power to withdraw public lands in public interest, of
which there is proof of congressional recognition. Id.
May by implication grant power to executive to administer
public domain. Id.

Has power to disaffirm withdrawal of public land by Presi-
dent. Id.

Paramountcy of authority: Laws of Oklahoma, continued by
Enabling Act, conferring rights of majority on minors, not
effective against action of Congress in act of 1908 relative to
disposition of allotments of minor members of Five Civilized
Tribes. Truskett v. Closser...

VOL. CCXXXVI-47

223