88_5197, 5198 [U. S. Comp. St. 1901, p.

3493] 8 5438 (U. S. Comp. St. 1901, p. 3674]... 919

233 $ 1800




945 Page 508



321 Page 577 543 88 93, 504 ..

) Page 580.

389 Page 583


PENAL CODE. Page 589

543 / $ 1 Page 592 190 $ 128

.50, Page 683

651 88 186, 188 Page 684

389 Page 724

510 Page 1211



612 Page 1628



143, 264 & 385 Page 1639 213

140 Page 1670

.146, 149, 303 Page 1672


CITY CHARTERS. Page 1673 144, 265 Los Angeles, art. 3, 88 12, 31....

554 Page 1674

502 Page 1679

213 Page 1682


265 Page 1688 502 1901 p. 267, ch. 103...

554 Page 1933

144, 146 Page 2302

253 Page 2943

.11, 364

COLORADO, Page 2944

364 Page 2945


305 Page 3156

§ 1508

278 Page 3200

869 Page 3205

..1001 Page 3382


IDAHO. Pages 3391, 3392

531 Page 3395

301, 543 ANNOTATED POLITICAL CODE 1901. Pages 3406, 3417.

116 Page 3427

.553, 645, 674, 688
§ 1318

63 Page 3430

271 Page 3432


LAWS. Page 3435

694 1901, pp. 238, 247, 88 11, 31. ........ Page 3436

631 692 Page 3444

686 Page 3445

100 Page 3447


684 Page 3448


GENERAL STATUTES 1901. Page 3451

233, 237, 267 Page 3493 233 $ 1221

51 Page 3543

436 Page 3674



1874, p. 143, ch. 93. Amended by Laws 1903, p. 599, ch. 393.

65 Page 279 429 1903, p. 599, ch. 393..

65 Page 599

.305, 945 Page 663

842 Page 684

553, 674

MAINE. Page 689

100 Page 690


Ch. 113, 8 5........

23 Aug. 25, 1902, art. 4, 32 Stat. 1936, 1939.. 842


§ 3846

93 $ 240

792 1 § 11344

[blocks in formation]


Art. 15, $ 14.....

... 207


§ 1574, subd. 4.
$ 1001 ....

... 207Š$ 4456, 4438..

§ 2213(5)

207 1824, ch. 22, $ 6.

1901, p. 248, ch. 141..



[blocks in formation]

1905, p. 23, ch. 8, § 9....
1905, p. 249, ch. 142.


Payment from bankrupt's estate of stenogra-
phers' fees, see "Bankruptcy,” g 5.


Page 1966, § 46.....

697 In national bank, see "Banks and Banking,"
8 1.

Of corporations, see "Corporations," § 1.


§ 1351


First Edition.

See "Railroads."
Volume 1.

Carriage of passengers, see "Carriers."
Pt. 2, ch. 3, tit. 5, § 1. Amended by Laws Injunction by street railroad to restrain an-
1896, p. 642, ch. 572....

674 other company from using street pending con-

test of right, see "Injunction," $ 1.

§ 1. Establishment, construction, and
1896, p. 642, ch. 572...

.. 674

*A street railroad company incorporated un-

der Gen. St. Minn. 1866, c. 34, is governed by,

and derives its powers from, title 1 of said

chapter, relating generally to quasi public cor-

porations which are or may be authorized to
$$ 1066, 1082, 1099, 1106, 1113, 2567 756 exercise the power of eminent domain and
Š 2567, subsec. 9. Repealed by Laws 1907, might lawfully under said title fix the time of
p. 675, ch. 469, $ 7.

756 its duration at 50 years.- Minneapolis St. Ry.
88 2618, 5380.

756 Co. v. City of Minneapolis (C. C.) 989.
•Point annotated. See syllabus.


A provision in a contract between a city and the selections made have been finally approved a street railroad company that the city should by the Land Department or the Secretary of the not reduce fares below five cents was not abro- | Interior, and until such time the lands are not gated by a subsequent contract, providing that taxable.--Clearwater Timber Co. y. Shoshone in the construction, maintenance and opera- County, Idaho (C. C.) 612. tion" of its lines the company should be subject to all present or future ordinances of the city.

*A deed to public lands of the United States Minneapolis St. Ry. Co. v. City of Minneapolis which had been selected by the grantor in lieu (O. C.) 989.

of forest reserve lands, but whose selection had

not at the time been approved, held not to renA contract between a street railroad com- der such lands taxable.-Clearwater Timber pany and a city, by which the city reserved Co. v. Shoshone County, Idaho (C. C.) 612. power to fix the rate of fare, but subject to the limitation that it should not reduce the same

Under the Revenue Law of Idaho (Sess. below five cents, held not abrogated by a Laws 1901, pp. 238, 247, $$ 11, 31), and 'Ann. change made by the company in its motive Code 1901, 81318, real estate exempt from power with the consent of the city council. - taxation on the second Wonday of January in Minneapolis St. Ry. Co. v. City of Minneapolis any given year does not become subject to taxa(C. C.) 989.

tion during that year, even though transferred to a person in whose hands it is no longer ex

empt.-Clearwater Timber Co. v. Nez Perce SUBMISSION.

County (C. C.) 633. To arbitration, see "Arbitration and Award,” | 8 2. Collection and enforcement against § 1.

persons or personal property.

That a complainant was not the owner of SUIT.

lands at the time of an illegal levy of taxes

thereon does not deprive it of the right to mainSeo "Action."

tain a suit in equity to enjoin the enforcement

of such taxes by a sale of the lands after it SUMMONS.

has become the owner.--Clearwater Timber Co.

v. Shoshone County, Idaho (C. C.) 612. See "Process."

A complainant is not debarred from maintaining a suit to enjoin the enforcement of taxes illegally levied upon lands because its

bill did not allege it to be the owner of such See “Equity," $ 3.

lands, where no objection was taken to the pleading, and the proofs, taken by stipulation,

establish its ownership.-Clearwater Timber Co. TARIFF.

v. Shoshone County, Idaho (C. C.) 612. See "Customs Duties."

The mere fact that a complainant accepted and recorded a deed purporting to convey to it

lands, the legal and equitable title to which TAXATION.

were both in fact in the United States, does

not estop it to maintain a suit in equity to enSee “Customs Duties"; "Internal Revenue."

join the collection of taxes levied on said lands

by the taxing officers of the county who had Jurisdiction of United States court to restrain actual knowledge of the condition of the title revenue officers of state from prosecuting, pro- and of the claim of complainant that the land ceeding under state statutes, see "Courts," $ 2. was not taxable, and were not misled by such Right of educational corporation to raise con- deed or record.Clearwater Timber Co. v. Nez stitutional question as to taxation of iíi lands, Perce County (C. C.) 633.

see "Constitutional Law," § 1. Tax statement as privileged communication, see “Witnesses," $ 1.

TELEGRAPHS AND TELEPHONES. 1. Nature and extent of power in general.

Arbitration between railroad company and railLands which have not been officially surveyed road telegraphers, see “Arbitration and by the United States are not as a rule taxable, Award," 8 1. nor are they under the statutes of Idaho, and Ordinances fixing telephone rates as denying such a survey is not completed until it has been

due process of law, see "Constitutional Law, accepted by the Land Department.-Clearwa $ 6. ter Timber Co. v. Shoshone County, Idaho (C. Ordinances fixing telephone rates as denying C.) 612.

equal protection of law, see “Constitutional *The equitable title to public lands selected Law," $ 5. in lieu of lands in a forest reserve relinquished Ordinances fixing telephone rates as impairing under Act June 4, 1897, c. 2, 30 Stat. 34 [U. S. obligation of contract, see "Constitutional Comp. St. 1901, p. 1538], or under Act March Law,” § 4. 2, 1899, 30 Stat. p. 993, č. 377, establishing the Restraining enforcement of ordinance fixing Mt. Rainier reservation, does not pass until telephone rates, see "Injunction," 8 2.

*Point annotated. See syllabus.

1. Regulation and operation,

*Const. Mont. art. 15, § 14, Civ. Code, &
1001, and Code Civ. Proc. $ 2213(5), construed, Removal of as waste, see "Waste."
and held to entitle a telephone company on pay-
ment of compensation to be assessed, to require
another company operating long distance lines
to permit it to connect with such lines, and to

receive and transmit messages through such con-
nection in the same manner as those received For particular acts in or incidental to judicial
from its own subscribers.-Billings Mut. Tele-

phone Co. v. Rocky Mountain Bell Telephone Filing petition for removal of cause, see "Re-
Co. (C. C.) 207.

moval of Causes," 3.
Regulation of telephone rates by municipal. Taking appeal or suing out writ of error, see
ity held an exercise of the police power of the "Appeal and Error," $ 3.
state, and, though capable of being surrendered
or suspended, such surrender or suspension

For particular acts not judicial.
will not be presumed.-Home Telephone & Tele- Declaration of final_dividend in bankruptcy, see
graph Co. v. City of Los Angeles (C. C.) 554. “Bankruptcy,” § 7.
Regulation and fixing of telephone rates held Filing claim for mechanic's lien, see "Mechanics

Liens,” & 2.
none the less a “municipal affair” within the
jurisdiction of the cities of the state because
the rates fixed would not be uniform_through-

put the state. Home Telephone & Telegraph
Co. v. City of Los Angeles (C. C.) 554.

Color of title, see "Adverse Possession."
Const. art. 4, § 33, providing for the regula- Of statute, see "Statutes," 8 2.
tion of telegraph rates does not contemplate the To trade-mark or trade-name, see "Trade-Marks
passage of a general state law, or regulation and Trade-Names," 2.
through commissions, but by delegation of pow-
er to municipalities.-Home Telephone & Tele-
graph Co. v. City of Los Angeles (C. C.) 554.

Under Los Angeles City Charter, art. 3, §
31, the city council had power to require tele Causing death, see “Death,” § 1.
phone companies doing business within the city
to submit reports of the value of their plants,

Particular torts.
receipts, and expenditures in order to enable See “Libel and Slander"; "Waste."
the council to fix reasonable rates.-Home Tele-Maritime torts, see "Collision."
phone & Telegraph Co. v. City of Los Angeles
C. C.) 554.

Remedies for torts.
Under Const. art. 4, § 33, and Los Angeles Removal of cause from state to United States
City Charter, art. 3, $$ 12, 31, the city council's court, see "Removal of Causes," $ 2.
power to fix telephone rates held not limited to
the right to contract for a specified rate once
for all so as to preclude the passage of a sub-

sequent ordinance changing rates once fixed.-
Home Telephone & Telegraph Co. v. City of Collisions with tugs and vessels in tow, see
Los Angeles (C. C.) 554.

"Collision," $ 1.
A state has power to regulate charges for
telephone service and to delegate such power

*A steamer taken in tow by a tug to be moved
to municipalities.-Home Telephone & Tele- from her loading berth is responsible for the
graph Co. v. City of Los Angeles (C. C.) 554.

proper fastening of the lines to her own bitts,

and, where she is injured by reason of the slip-
A city held not to have surrendered its power ping of a hawser thereon, the tug cannot be
to establish lower telephone rates from the held in fault.-The H. B. Moore, Jr. (D. C.) 380.
maximum rates fixed in a 50-year franchise by
the giving of such franchise, under Cal. St. *A tug which undertook to tow a schooner
1901, p. 267, c. 103, providing for certain from Grays Harbor to sea held in fault for
telephonic and electrical facilities furnished her loss, where the tug left her for the night in-
gratis to the city and a 2 per cent. gross earn- securely anchored, awaiting a favorable tide
ings tax.-Home Telephone & Telegraph Co. for crossing the bar, and she was drifted by a
v. City of Los Angeles (C. C.) 554.

high wind and the tide onto the bar and wreck-

ed. The schooner also held in fault because of

her insufficient anchor chains both of which

broke when subjected to strain.-The Printer
Of patents, see "Patents," $ 3.

(D. C.) 441.

For transportation of passenger, see "Carriers," See "Municipal Corporations"; "Schools and
§ 1.

School Districts," $ 1.
*Point annotated. See syllabus.

TRADE-MARKS AND TRADE-NAMES. mark as against another who subsequently suco

ceeds to the manufacture of the genuine goods § 1. Marks and names subjects of own

so designated.-W. A. Gaines & Co. v. Kahn ership.

(C. C.) 639. *The name "White House," and the picture of the White House at Washington, held to

TREATIES. constitute a valid trade-mark and trade-name for plaintiff's coffee.-Dwinell-Wright Co. v. Treaties and statutes of the United States Co-operative Supply Co. (C. C.) 909.

have always been practically put in the same

class so far as judicial action is concerned, and § 2. Title, conveyances, and contracts. *A complainant held not entitled to a pre- statute that a later statute has, and may su

a later treaty has the same effect on a prior liminary injunction to restrain the use of a persede it as a later statute may supersede a name by defendant as an infringement of a prior treaty. Nor is there any practical distrade-mark; it appearing from the showing tinction as between a statute and a treaty with made that defendant's use was prior to that of complainant's assignor.- Deitsch' v. George R. regard to its becoming presently effective withGibson Co. (C. C.) 383.

out awaiting further legislation, which depends

entirely upon its terms.–United Shoe Machinery *Complainant held on the evidence to have Co. v. Duplessis Shoe Machinery Co. (C. C. A.) succeeded to the right to the use of the name 842. "Old Crow” as a trade-mark for its whisky made according to a special formula, and to be

TRIAL. entitled to protection in such exclusive use.W. A. Gaines & Co. v. Kahn (C. C.) 639.

See "Reference"; "Witnesses." $ 3. Infringement and unfair competi- Trial of actions by or against particular classes tion.

of persons *The proprietor of a medicine or remedy See "Railroads," $ 2. made in accordance with a secret formula, which knowingly makes false and fraudulent represen-Trial of particular civil actions or proceedings. tations as to the ingredients of such remedy to For causing death by operation of railroad, see the public through its advertisements and la

"Railroads," $ 2. bels, cannot maintain a suit in equity to pro- For causing death in general, see "Death,” $ 1. tect its business of selling or administering such For personal injuries, see "Electricity." remedy from invasion and injury by another. On insurance policy, see "Insurance," $ 2. Memphis Keeley Institute v. Leslie E. Keeley & 1. Taking case or question from jury. Co. (C. C. A.) 964.

*While questions of negligence are ordinarily *That a complainant comes into a court of for the jury in federal courts, a case may be equity with unclean hands, in that he is charge-withdrawn from the jury and a verdict directed able with fraudulent misrepresentations to the for plaintiff or defendant, as may be proper, public in respect to the subject-matter of the where there is no conflict in the evidence, or suit, is not, strictly speaking, a defense, and where it is so conclusive in its character that need not be pleaded; but upon such fact ap- the court, in the exercise of its sound judicial pearing it will be given effect by the court in discretion, would be obliged to set aside a verthe interest of the public by refusing to grant dict rendered in opposition to such evidence.relief to the complainant.-Memphis Keeley In- Russell v. Oregon Short Line R. Co. (C. C. A.). stitute v. Leslie E. Keeley Co. (C. C. A.) 964.

Evidence considered, and held to establish the *Under the rule of the federal courts, a court claim that a complainant was chargeable with should direct a verdict where the evidence profraudulent misrepresentations to the public as duced by the party on whom rests the burden of to the ingredients of a medicine which it man- proof is insufficient to sustain a verdict in his ufactured and sold.-Memphis Keeley Institute favor.-National Ass'n of Ry. Postal Clerks v. v. Leslie E. Keeley Co. (Ĉ. C. A.) 964.

Scott (C. C. A.) 92. While mere delay or acquiescence will not defeat the right to an injunction to restrain in

TRUSTS. fringement of a trade-mark, it may afford good ground for denying a preliminary injunction to Combinations to monopolize trade, see “Monopput a stop to an established business prior to olies," § 1. a final hearing.-Havana Commercial Co. v. Trust deed, see "Chattel Mortgages"; "MortNichols (C. C.) 302.

gages.” *The name “La Carolina,”. as a trade-mark s 1. Creation, existence, and validity. not invalid as either the of

St. 1898, , infringed by the name "La Coralina” used also which a city has turned over' for collection for cigars:- Havana Commercial Co. v. Nichols delinquent special assessments on real estate

pledged by the city for the payment of improve(C. C.) 302.

ment bonds, does not become a statutory trustee *One who uses the trade-mark of another on for the bondholders who have no standing in a spurious goods for the purpose of deceiving pur- court

of equity to require an accounting from it. chasers acquires thereby no right 'to such trade-1-Olmsted v. City of Superior (C. C.) 172.

*Point annotated. See syllabus.

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