pay for hay, there was none to pay loss due to forced sale of
cattle. Id.
3. Id. Obligation to pay not implied from destruction of
anti-hog-cholera serum by officers, without agreement to
purchase; nor from Act of 1915 authorizing Secretary of
Agriculture to expend money in eradication of animal dis-
ease, including payment of claims growing out of purchase
and destruction of exposed materials. Great Western Serum
Co. v. United States..
4. Use of Patented Devices; No Contract to Pay implied from
appropriation acts evincing willingness of Congress to expend
money in testing devices, but no intention to pay until their
usefulness should be proved. Haupt v. United States..... 272
5. Loss Attributable to Mistake of Claimant. Where ship-
ments of newspapers which owner supposed were going
by express at lower rates were in fact sent by mail, at higher
but legal postal rates, through oversight of its agents, held,
that United States was under no implied contract to reim-
burse it. Journal & Tribune Co. v. United States..
6. Abandoned Property Act; Ownership. To establish claim,
under Jud. Code, § 162, claimant must prove his ownership
at time of seizure. Mangan v. United States....
7. Tucker Act; Payments under Tortious Coercion. Claim
of foreign steamship company for reimbursement for bills
for maintenance and medical care furnished by United
States to immigrants temporarily detained before admission
paid under duress of immigration officials, held founded on
tort and not within Tucker Act or jurisdiction of Court of
Claims. United States v. Holland-America Lijn . . . . .
8. Refund; Internal Revenue Taxes; Right to Sue, condi-
tioned on prior appeal to and decision by Commissioner of
Internal Revenue, which means an appeal, after payment,
for a refund, and is not satisfied by an appeal or application
for abatement of tax before it was paid. Rev. Stats.,
§§ 3226, 3220, 3228, construed. Rock Island &c. R. R. v.
United States..
CLASSIFICATION. See Constitutional Law, IX (3); In-
terstate Commerce Acts, III, 3–5.
CLAYTON ACT. See Anti-Trust Act.
COAL COMPANIES. See Anti-Trust Act, 1, 2; Interstate
COMMERCE. See Anti-Trust Act; Bridges, 3 et seq.; Con-
stitutional Law, III; Interstate Commerce; Interstate
Commerce Acts; Jurisdiction, IV, 2.
COMMERCIAL PAPER:
Bill of lading. See Carriers, 1-7.
COMMISSIONER OF INTERNAL REVENUE. See Taxa-
tion, I, 4, 6.
COMMITTEE REPORTS. See Statutes, 8.
COMMODITIES CLAUSE. See Interstate Commerce
Acts, I.
COMMON CARRIERS. See Anti-Trust Act, 1, 2; Carriers;
Employers' Liability Act; Interstate Commerce Acts;
Master and Servant; Negligence; Safety Appliance Act;
Trusts and Trustees, 4 et seq.
COMMON LAW. See Anti-Trust Act, 9; Employers' Lia-
bility Act, 2; Indians, 15; Priority, 1, 2.
CONCURRENT FINDINGS. See Procedure, IV, 6.
CONFLICT OF LAWS. See Insurance, 2.
Powers. See Constitutional Law.
Appropriations. See Claims, 3, 4; Contracts, 2.
Legislative history, debates and committee reports. See
CONSIDERATION. See Corporations, 2-6.
CONSPIRACY. See Anti-Trust Act, 6 et seq; Criminal Law, 8.
CONSTITUTIONAL LAW:
I. Judicial Power, p. 722.
II. Federal Agency; Post Routes, p. 722.
III. Commerce Clause, p. 723.
IV. Contract Clause, p. 723.
V. War Power, p. 724.
VI. Privileges and Immunities, p. 725.
VII. Treaties, p. 725.
VIII. Fifth Amendment, p. 725.
IX. Fourteenth Amendment:
(1) Notice and Hearing, p. 726.
(2) Liberty and Property; Police Power; Taxation,
p. 726.
(3) Equal Protection of the Laws, p. 729.
X. Eighteenth Amendment; Intoxicating Liquors, p. 730.
See Jurisdiction; Procedure; Taxation.
States; regulation of inheritance by aliens. See VII, infra.
Id. Relation to international bridges. See Bridges.
Delegation of legislative power; state agencies. See IX, 19,
infra.
Right of jury, in criminal case. See Criminal Law, 3.
I. Judicial Power.
Constitutionality and Construction of Statutes. Power to
construe is necessary incident of power to determine con-
stitutionality. Heald v. District of Columbia..
II. Federal Agency; Post Routes.
1. Post Office Employee Using State Roads, in transporting
mails, held not subject to state automobile license law.
Johnson v. Maryland ..
CONSTITUTIONAL LAW-Continued.
2. International Bridge; Post Route. Facts that bridge when
built, as a railroad bridge only, was devoted wholly to in-
ternational commerce and that Act of 1874 declared it a
lawful structure and established post route, did not supplant
authority of State to require addition of foot and carriage
ways. International Bridge Co. v. New York.....
3. Id. Ownership of Land Under Bridge. Conveyance to
United States of part of land under bridge for public pur-
pose not connected with administration of the Government,
did not affect authority of State over residue nor invalidate
state law requiring additional construction. Id.
III. Commerce Clause. See Bridges.
1. Railroads; State Regulation. Order requiring interstate
road to detour two of its through passenger trains from
main line over a branch for benefit of small city already
adequately served by local, connecting trains, held void.
St. Louis & S. F. Ry. v. Public Service Comm..
2. Id. Grade Crossings. Where public safety requires re-
moval of dangerous grade crossings, fact that execution of
State's plan will involve expenditures so heavy as to impair
efficiency of railroad as agency of interstate commerce, does
not bring State's order into conflict with commerce clause.
Erie R. R. v. Public Utility Commrs..
3. Income Tax; Foreign Corporations; Earnings Within
State. Tax based on proportion of net profits earned within
State, the enforcement of which is left to ordinary means of
collecting taxes, does not violate commerce clause. Under-
wood Typewriter Co. v. Chamberlain.
4. International Bridge. International character does not
of itself divest State of power over its part of structure, in
silence of Congress. International Bridge Co. v. New York. 126
IV. Contract Clause.
1. Reserved Power of State; Railroads. Power to require
abolition of railroad grade crossings, regarded as authority
impliedly reserved when State granted right to occupy land.
Erie R. R. v. Public Utility Commrs..
2. Police Power. Grade Crossings. Where public safety re-
quires change, fact that execution of plan will interfere with
CONSTITUTIONAL LAW-Continued.
prior contracts does not bring it into conflict with contract
clause. Id.
3. Change of State Regulations. Right of State to enforce
legitimate public policy includes right to change regulations
for that purpose, even to making of changes in conflict with
contracts made by individuals in reliance on previous reg-
ulations. Thornton v. Duffy.
4. Id. Workmen's Compensation. Where State first allowed
employers the privilege of paying directly to workmen in-
stead of contributing to state insurance fund, but after-
wards took it away from employers who insured themselves,
held that change did not impair contract rights of employer
who had elected to pay directly and had insured himself
before change was made. Id.
5. Tax Exemption; Local Corporations. Law granting ex-
emption to terminal company properly construed by state
courts as creating repealable privilege rather than contract
right to exemption. Troy Union R. R. v. Mealy.........
6. Id. Following State Courts. In determining whether such
exemption was a privilege or contract right, this court in-
clines to follow state tribunals. Id.
7. Bridge Companies; Charter Rights; Tolls. In action for
penalties for failure to construct foot and carriage ways on
railway bridge as required by act amending charter, it is
premature to inquire whether provision reducing tolls on
such ways impairs contract obligation. International Bridge
Co. v. New York.
8. Id. Reserved Power over Charter. Where New York and
Canadian companies, after consolidation, constructed bridge
over Niagara River for railroad uses only, held, that new
company had no contract immunity from being required to
add foot and carriage ways in New York, as contemplated by
both original charters, irrespective of whether the duty,
expressed positively in the Canadian charter, attached to
the consolidation in New York. Id.
V. War Power. See IX, 3, infra.
1. Enemy Property. Congress may provide for immediate
seizure, in pais or through a court, of enemy property, leav-
|