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Two cent a mile passenger rate established by c. 41, Acts of
1907 of West Virginia, held unreasonable and an attempt to
deprive carriers of property without due process of law.
Norfolk & West. Ry. v. West Virginia .

See Constitutional Law; Interstate Commerce.

REBATES. See Damages.


Prohibitions and remedies provided by Anti-trust Act co-
extensive with conceptions of public policy on which act
founded. Wilder Mfg. Co. v. Corn Products Co..... ... 165
Exclusiveness of statutory penalty or remedy. See Wilder
Mfg.Co. v. Corn Products Co.....

.. 165
See Contracts.


Where suit removable state court loses jurisdiction on filing
of petition and bond; but if on face of record and petition
case appears non-removable, state court may proceed as if
no application for removal. Iowa Central Ry. v. Bacon .... 305
Where petition alleges damages in excess of $2,000, but
prayer for recovery is for less, jurisdictional amount lacking
and filing of petition and bond not effective to remove. Id.
Although Federal court may have made orders continuing
case in which petition for removal and bond filed, and even
dismissed it for want of jurisdiction, if question of its author-
ity had never been presented to or decided by it, state court
not bound to respect such orders as conclusive of question of
jurisdiction. Id.
To make case removable because of non-resident defendant
sued jointly with resident defendants, as to which latter case
dismissed, such dismissal must have been voluntary act of
plaintiff and to have so taken residents out of case as to
leave controversy wholly between plaintiff and non-resident.
American Car Co. v. Kettelhake ..

Under Missouri practice, sustaining of demurrer by some of
defendants and allowing plaintiff to take involuntary non-
suit as to them with leave to set it aside, does not end suit
as to them and make the case removable as to remaining
non-resident defendants. Id.
Effect of enjoining enforcement of judgment obtained by
fraud. See Simon v. Southern Ry. Co...


REPARATION. See Interstate Commerce; Interstate PAGB

Commerce Commission.


This court disposed to adopt construction of statute which
has become rule of property, even though doubting such con-
struction. Truskett v. Closser....

See Indians.


Extends whole subject of equipping cars with safety ap-
pliances to exclusion of further action by States. Southern
Ry. Co. v. Railroad Comm. of Indiana.

If car, although at time engaged in intrastate commerce, is
moving on railroad engaged in interstate commerce, it is sub-
ject to Federal act. Id.
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.


The association has right, as accessory to its strictly ter-
minal business, to carry on business exclusively originating,
moving, and intended for delivery on its lines.


Goods under attachment may be sold or mortgaged upon
notice to officer, as effectively as though a true delivery made.
Duffy v. Charak..

Sufficiency under Massachusetts law of delivery of goods
sold or mortgaged. Id.
Sale constituting infringement of patent. See Tyler Co. v.
Ludlow-Saylor Wire Co..

.. 723

SEARCHES AND SEIZURES. See Constitutional Law.


See Constitutional Law.



SECRETARY OF WAR. See National Guard.


Immunity of witness. Burdick v. United States,





Legislative power: Legislature may recognize degrees of harm
and confine restrictions to those classes where it deems need
greatest and prohibition of law need not be all embracing.
Miller v. Wilson..

Legislature may classify according to general considerations
and with regard to prevailing conditions. Id.
May constitutionally prescribe eight hours a day or forty-
eight hours a week as maximum of labor of women. Miller
v. Wilson

Bosley v. McLaughlin.

Reasonable regulations limiting hours of labor of women are

scope of state legislative action. Miller v. Wilson .. 373
May place reasonable restraints upon liberty of contract
without violating due process provision of Fourteenth
Amendment and this includes prescribing methods for com-
pensation of coal miners. Rail & River Coal Co. v. Ohio
Industrial Comm.....

... 338
Regulation of common carriers: Order of Michigan Railroad
Commission requiring interchange of cars, freight and pas-
sengers, held within power of State, not to be a taking of
property without due process of law, nor interference with
and regulation of interstate commerce. Michigan Cent. R. R.
Michigan Railroad Comm...

... 615
May require carrier to permit its equipment to be hauled off
its line by other carriers. Id.
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.
May compel carrier to accept loaded cars from another line
and transport them over its own. Id.
May require two railroads to make connection between
their tracks to facilitate interchange of traffic without af-
fecting rights secured by Constitution. Id.
Have 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 .

There is room for reasonable classification in prescribing
rates. Northern Pacific Ry. v. North Dakota. ..

Have broad discretion in prescribing reasonable rates for com-




mon carriers within their jurisdiction. Northern Pacific Ry.
v. North Dakota ....

Norfolk & West. Ry. v. West Virginia

In absence of action by Congress, State may prevent ex-
orbitant charges for transportation, part of which may be
over high seas, where both origin and termination within
State. Wilmington Transp. Co. v. California R. R. Comm... 151
In absence of action by Congress, State may prevent un-
reasonable charges for ferriage from point of departure
within borders. Id.
Federal Safety Appliance Act excludes action on subject by
States. Southern Ry. Co. v. Railroad Comm. of Indiana .... 439
Regulation of corporations: Where constitution of State re-
serves right, charter of corporation may be repealed without
impairing obligation of contract. Ramapo Water Co. v.
New York. ...

... 579
May require foreign corporation to designate agents upon
whom service of process may be made or, in default, desig-
nate one for the purpose, when cause of action arises in
State. Simon v. Southern Ry. Co.. ..

.. 115
Power over Interstate Commerce: May not exclude from its
limits corporation engaged in interstate commerce. Hey-
man v. Hays. ...

.. 178
Southern Operating Co. v. Hays..

In absence of action by Congress, State may exercise reason-
able authority as to matters of interstate or foreign com-
merce which are distinctly local in character. Wilmington
Transp. Co. v. California R. R. Comm....

Selling of liquor under strictly mail order business and de-
livery within State to carrier for through interstate ship-
ment, beyond control of State. Heyman v. Hays.

Southern Operating Co. v.
Hays ....

Relation to, and power over, interstate commerce. Id.
Police power: May not directly strike down rights of liberty
or property, nor indirectly do so by invoking police power
to remove inequalities resultant from such rights. Coppage
v. Kansas

May not render criminal normal and essentially innocent
exercise of personal liberty. Id.
Fourteenth Amendment inhibits State restriction of liberty
or property rights as public welfare. Id.
Taxation by: May not impose privilege tax on concern doing



strictly interstate business because goods within State are
capable of use in intrastate business and receive attention
within State. Heyman v. Hays .

Southern Operating Co. v. Hays.

Although amount of land patented to grantee of former
sovereign may have exceeded that confirmed by Congress
and have been predicated upon survey and limitation to
amount confirmed, patentee has taxable interest to be
reached by State. Wilson Cypress Co. v. Del Pozo ... 635
Judicial interference with state officers: Rule against judicial
interference with state officers applicable especially in cases
of taxes and license fees. Dalton Machine Co. v. Virginia .. 699
In general: May, under Fourteenth Amendment, protect
established possession of property from disturbance by any-
thing other than process of law. Grant Timber Co. v. Gray.. 133
Obligation of county bonds issued under legislative author-
ity not paramount to authority of State. Yost v. Dallas
County ..



Laws prohibiting encouragement of crime not unfamiliar.
Fox v. Washington ...

Local statute not made general because applicable to given
situation in absence of general law to control. Washington,
A. & Mt. V. Ry. Co. v. Downey..

Statutory provision, not legitimate police regulation, not
made such by form, or title declaring purpose within police
power. Coppage v. Kansas ...

Decision of constitutionality of state statute not dependent
upon form or declared purpose of the law, but upon its opera-
tion and effect as applied and enforced by State; and in these
matters judgment of state court is not controlling. Id.

See Construction.

SUCCESSION TAX. See War Revenue Act.

SUIT. See Actions.

SURETIES. See Principal and Surety.

Technical distinctions are to be avoided in matters of taxa-
tion in interest of substantial justice, but not for purpose of
enabling State to escape from binding bargain. Wright v.
Central of Georgia Ry..


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