CONCEALMENT.

Provisions relating to particular subjects.

See "Carriers," $ 1; "Commerce,” 8.1;. "Cor-
f assets as ground for refusal of discharge in porations," § 5; “Eminent Domain," 1;
bankruptcy, see "Bankruptcy," § 13.

*Master and Servant,” § 1; "Telegraphs and

Telephones," § 1.
CONCURRENT JURISDICTION.

§ 1. Construction, operation, and en-

forcement of constitutional pro-
f courts, see "Courts," $ 3.

visions.

An educational corporation owning lands ex-
CONDEMNATION.

empt from taxation by the state held entitled
to maintain a suit to enjoin the taxation of im-

provements thereon made by its lessees.-Uni-
"aking property for public use, see "Eminent versity of the South v. Jetton (C. C.) 182.
Domain.”

*For a court of first instance to declare un-

constitutional an act of Congress is an exer-
CONDITIONAL SALES.

cise of judical power which, in cases where no

great and immediate financial loss is threaten-
ight of trustee to property in possession of ing, is warranted only when the unconstitution-
bankrupt under conditional sale, see “Bank- ality exists beyond rational doubt.-Internation-
ruptcy," $ 3.

al Mercantile Marine Co. v. Stranahan (C. C.)

428; Oceanic Steam Nav. Co. v. Same, Id.
CONDITIONS.

The federal courts have power to declare an

act of the state or federal Legislature invalid
onditional delivery of deed, see "Escrows."

when shown to be repugnant to the Constitution.

-Southern Ry. Co. v. McNeill (C. C.) 756.
Precedent to actions or other proceedings.
ee "Action," $ 1.

§ 2. Distribution of governmental pow-
or price of goods, see "Sales," 8 2.

ers and functions.
Interstate Commerce Act Feb. 4, 1887, C.

104, 24 Stat. 379 [U. S. Comp. St. 1901, p.
CONFIDENTIAL RELATIONS. 3154], and Elkins' Act Feb. 19, 1903, c. 708, 32

Stat. 847 [U. S. Comp. St. Supp. 1905, p. 599],
isclosure of communications, see “Witnesses,” held not unconstitutional on the ground that by
$ 1.

authorizing carriers to establish rates bind-
ing on shippers it confers on them legislative

power.- United States v. Standard Oil Co. (D.
CONFLICT OF LAWS.

C.) 305.
onflicting jurisdiction of courts, see "Courts," $ 3. Police power in general.
§ 3.

*The police power held not affected by the

exercise of a right to resort to a federal court
CONFUSION OF GOODS.

given by the law of the land.-Seaboard Air Line

Ry. Co. v. Railroad Commission of Alabama
1. Rights and remedies of persons in- (C. C.) 792.
terested.

pair the enjoyment of the vested rights thus Interstate Commerce Act Feb. 4, 1887, c. 104 acquired to do such business by the exercise of 24 Stat. 379 (U. S. Comp. St. 1901, p. 3154) its prerogative to prevent foreign corporations and Elkins' Act Feb. 19, 1903, c. 708, 32 Stat from doing business in the state. -Seaboard Air | 847 (U. S. Comp. St. Supp. 1905, p. 599), hell Line Ry. Co. v. Railroad Commission of Ala- not unconstitutional on the ground that in re bama (C. C.) 792.

quiring all shippers to pay the published rates o Where foreign corporations have purchased transportation it deprives them of a natura and leased domestic railroads on the faith of right to make private contract in respect there the statutes of the state, the state cannot pre- to and therefor of their property without du vent such corporation from doing domestic busi- process of law.-United States v. Standard Oi ness in the state.-Seaboard Air Line Ry. Co. v.

Company (D. C.) 305. Railroad Commission of Alabama (O. C.) 792. $ 5. Equal protection of laws.

CONSTRUCTIVE TRUSTS. Section 4 of the North Carolina Act of 1907 (Pub. Laws 1907, p. 250, c. 216), fixing rates See “Trusts,” $ 1. of passenger fare on the railroads of the state, which imposes a penalty of $500 for each violation of the act, is unconstitutional as denying

CONTEMPT. to the railroad companies the equal protection of the laws.Ex parte Wood (C. C.) 190. In bankruptcy proceedings, see "Bankruptcy, A city ordinance fixing maximum telephone $ 5.

ubmission to arbitration, see "Arbitration and furnish castings under the contract for the
Award," § 1.

have been made on a sufficient considera- In fraud of creditors, see "Fraudulent Convey-
n, and the burden of impeaching such con-
leration rests upon the defendant.-Southern
7. Co. v. Blunt & Ward (C. C.) 496.

§ 1. Title, conveyances, contracts, and

Where the author or owner of a painting is
a citizen or subject of a foreign nation having
no reciprocal copyright relations with the Unit-
ed States, and is therefore not entitled to copy-
S. Comp. St. 1901, p. 3406], as amended by
right, such painting, under Rev. St. § 4952 [U.
Act March 3, 1891, c. 565, 26 Stat. 1110 [U.
S. Comp. St. 1901, p. 3417], he cannot, while
retaining the painting itself, convey such right
to another.-Bong v. Alfred S. Campbell Art
Co. (C. C. A.) 116.

Arbitration between railroad company and rail-
road telegraphers, see "Arbitration and
Award," § 1.

Arbitration to determine ownership of corporate
stock, see "Arbitration and Award," § 2.
*Point annotated. See syllabus.

Attorney of corporation as person affected by | formal compliance with equity rule 94 by a de estoppel, see "Estoppel," § 1. mand on the directors to bring the suit was not Bankruptcy of, see "Bankruptcy," § 9. shown.-Bigelow v. Calumet & Hecla Min. Co. Combinations to monopolize trade, see "Mo- (C. C.) 869. nopolies," § 1.

Construction of contract between domestic railroad corporation and foreign corporation, see "Contracts," § 2.

Enforcement of trust in corporate stock, see "Trusts," § 2.

Exercise of power of eminent domain, see "Emi-
nent Domain."

Impairing obligation of license or privilege to
foreign corporation, see "Constitutional Law,"
$ 4.
Jurisdiction of United States courts in actions
by or against corporation, see "Courts," § 2.
Laws interfering with use of property of as
denying due process of law, see "Constitution-
al Law," § 6.

Laws relating to suits by foreign corporation as
denying equal protection of law, see "Con-
stitutional Law," § 5.

Restraining election of directors of, see "Injunc-
tion," § 3.

Right of educational corporation to raise con-
stitutional question as to taxation of lands,
see "Constitutional Law," § 1.
Right of stockholder to preliminary injunction
to protect interest against irreparable injury,
see "Injunction," § 3.

Particular classes of corporations.

See "Municipal Corporations"; "Street Railroads."

"Railroads";

Insurance companies, see "Insurance."

§ 2. Officers and agents.

*That directors of a corporation are per sonally interested in a contract made with the company, and are to a certain extent to profit by it, does not necessarily condemn the transaction. It merely calls upon them to justify it. -Teller v. Tonopah & G. R. R. (C. C.) 482.

*A bill by a minority stockholder to enjoin the carrying out of a contract by the corpora tion held to contain no equity.-Teller v. Tona pah & G. R. R. (C. C.) 482.

§ 3. Corporate powers and liabilities.
*A contract signed by the president of a cor-
poration, by which it purported to lease from
the seller property which had previously been
sold and delivered to it, and which provided
that the title should remain in the seller, is
ineffective to reconvey such title, where it was
not authorized by the board of directors.-
In re Cullman Fruit & Produce Ass'n (D. C.)
372.

§ 4. Dissolution and forfeiture of fran

chise.

*Where a manufacturing corporation has sold its plant, good will, and property, and by the action of its directors and stockholders abandon ed its corporate business and entered upor liquidation, proceeding so far as to make dis

Telegraph and telephone companies, see "Tele- tribution of the greater part of its assets among

graphs and Telephones."

§ 1. Members and stockholders.
Under equity rule 94, a stockholder in a rail-
road company cannot maintain a suit in a fed-
eral court to enjoin the company from obeying
a state statute fixing freight or passenger rates,
where the only effort made by the complainant
to secure the desired action alleged in the bill
was a demand on the directors, and the manner
or reason for its refusal are not disclosed.
Poor v. Iowa Cent. Ry. Co. (C. C.) 226; Shil-
laber v. Minneapolis & St. L. R. Co., Id.

*Stockholders in railroad corporations held to have sufficiently complied with the requirements of equity rule 94 to entitle them to maintain a suit in equity in a federal court against the companies, and the officers of a state, to enjoin the enforcement of and obedience to state statutes regulating rates of carriage. Perkins v. Northern Pac. Ry. Co. (C. C.) 445; Kennedy v. Great Northern Ry. Co., Id.; Woodward v. Chicago M. & St. P. Ry. Co., Id.; Livingston v. Chicago & N. W. Ry. Co., Id.; Brewster v. Chicago, St. P., M. & O. Ry. Co., Id.; Shillaber v. Minneapolis & St. L. Ry. Co., Id.; Humbird v. Chicago Great Western Ry. Co., Id.; Barrows v. Minneapolis, St. P. & S. S. M. Ry. Co., Id.; Carle v. Chicago, R. I. & P. Ry. Co., Id.; James v. Great Northern Ry. Co., Id.

its stockholders, it has no power, over the objec tion of a stockholder, to invest cash which ha been collected and is merely awaiting distribu tion in the stock of another corporation.-Ferr v. Latrobe Steel Co. (C. C.) 161.

§ 5. Foreign corporations.

*A state court of Iowa held not to hav obtained jurisdiction over a foreign railroa company neither owning nor operating any lin of road in the state by service made upon a agent having an office in the state for the pur pose of soliciting business to be done outside where the cause of action had no connectio with such office or agency.-McGuire v. Grea Northern Ry. Co. (C. C.) 230.

*The state, unless forbidden by its own Cor stitution or estopped by dealings with particula corporation, or a right has vested in such co poration under the state statutes, may at an time and for any cause exercise its prerogativ of preventing any foreign corporation from d ing a domestic business therein.-Seaboard Ai Line Ry. Co. v. Railroad Commission of Ala bama (Č. C.) 792.

Const. Ala. 1901, § 240, giving foreign co porations right to sue, held to prohibit an court from giving effect to an enactment provi ing that the bringing of a suit by a foreig corporation in the federal court shall ipso fact forfeit its right to do domestic business in th state.-Seaboard Air Line Ry. Co. v. Railroa Commission of Alabama (C. C.) 792. *Point annotated. See syllabus.

*A bill of a stockholder in a federal court held to sufficiently negative collusion, although a

COSTS.

*The laws enacted by a territory subject to

disapproval by Congress are not laws of the bankruptcy, see “Bankruptcy," $ 17.

United States, and a suit arising under them

does not arise under the laws of the United 1. Nature, grounds, and extent of States.- Maxwell v. Federal Gold & Copper right in general.

Co. (C. C. A.) 110. In a suit for unfair competition in trade, The conformity act (Rev. St. $$ 914, 915, 916 here the charge made against the defendant [U. S. Comp. St. 1901, p. 684]) empowers a Cir

established, but owing to fraudulent repre- cuit Court to use a similar remedy to that proentations made by complainant in respect to vided by a state statute to enforce its judgments, s goods it is not entitled to relief in equity, but does not require it to follow the method either party will be allowed costs.-Moxie prescribed by a state statute in serving a writ erve Food Co. of New England v. Modox of scire facias on a nonresident defendant, if 0. (C. C.) 304.

it deems such method insufficient.-Collin County
Nat. Bank of McKinney, Tex., v. Hughes (C.

C. A.) 389.
COUNTIES.

The jurisdiction of a national court over a

controversy once lawfully acquired includes the ee “Municipal Corporations."

power to enforce its judgment or decree, and ounty as trustee for collection of special as- this power may not be destroyed or restrained sessments, see "Trusts," $ 1.

by the legislation or lack of legislation

of the states.-Collin County Nat. Bank of McKinney,

Tex., v. Hughes (C. 0. A.) 389.
COURTS.

A Circuit Court of the United States has power ontempt of court, see "Contempt.'

to issue its writ of scire facias and to prescribe riminal jurisdiction, see "Criminal Law," § 2. a reasonable method of service thereof without etermination of constitutional question, see

the district where the judgment defendant has "Constitutional Law," $ 1.

departed therefrom. Such power is derived irection of verdict, see "Trial.”

from the Constitution and Rev. St. $ 716 [U. urisdiction of United States court to discharge strained," limited or rendered less efficacious by

. , on habeas corpus person imprisoned by state the statutes of a state.-Collin County Nat. court, see “Habeas Corpus," § 1. urisdiction to restrain violation of anti-trust Bank of McKinney, Tex., v. Hughes (C.oc. A.) law, see “Monopolies," $ 1.

389. [andamus to inferior courts, see "Mandamus," The Circuit Court of Appeals has power to $ 1.

interfere by mandamus to control the action of endency of action in state court as bar to ac- a circuit court when the question involved retion in United States court, see "Abatement lates to its jurisdiction as a judicial tribunal of and Revival," $ 1.

original jurisdiction, having no relation to its emoval of action from state court to United limitation as a national court.-Dowagiac Mfg. States court, see "Removal of Causes." Co. v. McSherry Mfg. Co. (C. C. A.) 524. eview of decisions, see "Appeal and Error." Ceview on motion for new trial in United States suit to enjoin the enforcement of a municipal

A federal court is without jurisdiction of a court in cause tried before referee, see "Refer- ordinance on the ground that such ordinance ence," $ 1.