Elevator Co., 3 S. Dak. 643, 54 N. W. 808, holding subsequent statements of agent of elevator company, as to ownership of wheat, inadmissible in conversion.

Distinguished in Richelieu, etc., Nav. Co. v. Boston Marine Ins. Co., 26 Fed. 600, holding agent's statements in regard to past transaction, but in connection with act within scope of authority, admissible.

21 Wall. 158-162, 22 L. 511, INSURANCE CO. v. SEA.

Appeal and error.- On appeal in cases tried by court alone under act March 5, 1865, if finding be general, only such rulings in progress of trial can be reviewed as are presented by bill of exceptions or may arise upon pleadings, p. 160.

Cited in British Queen Min. Co. v. Baker Min. Co., 139 U. 8. 223, 85 L. 147, 11 8. Ct. 323, holding nothing reviewable, findings being general and bill of exceptions contained no exceptions to rulings during trial; Grayson v. Lynch, 163 U. S. 473, 41 L. 232, 16 8. Ot. 1066, holding only such rulings as are presented by bill of exceptions can be reversed, findings being general; Ortiz v. State, 30 Fla. 285. 11 So. 618, treating objection as abandoned, no ruling thereon appearing in bill of exceptions.

Appeal and error.- On appeal in case tried by court alone bill of exceptions cannot be used to bring up whole testimony for review any more than in trial by jury, p. 160.

Followed in Betts v. Mugridge, 154 U. S. 644, 25 L. 158, 14 8. Ct. 1188, holding bill of exceptions cannot be used to bring up whole testimony for review, no exceptions having been taken.

Appeal and error.- On appeal in case tried by court alone parties desiring review of law involved in case must obtain special finding raising legal propositions, or must present to trial court their propositions of law and require ruling thereon, and objections to rulings on evidence or to rulings on law must appear by bill of exceptions, p. 160.

Appeal and error.— Findings of fact of trial court are conclusive and not reviewable on appeal, p. 161.

Cited and applied in The Abbotsford, 98 U. S. 443, 25 L. 169, holding findings in admiralty cases conclusive; Martinton v. Fairbanks, 112 U. S. 673, 28 L. 863, 5 S. Ct. 322, holding nothing reviewable where only matter presented by bill of exceptions is exception to general findings.

Distinguished in Melendy v. Rice, 94 U. S. 798, 24 L. 143, holding judgment under Iowa practice may be set aside when against weight of evidence; dissenting opinion in Insurance v. Boon, 95 U. S. 138, 24 L. 401, holding finding unreviewable, majority holding it made part of record by order of trial court.

Appeal and error.— Exceptions to be of avail must present distinctly and specifically the ruling objected to, p. 162.

Cited and applied in Hanna v. Maas, 122 U. S. 26, 27, 80 L. 1118, 7 S. Ct. 1056, 1057, holding excepting party must present to judge distinct and specific exceptions in writing; Jones v. East Tennessee, etc., R. R., 157 U. S. 683, 39 L. 858, 15 S. Ct. 719, holding general exception to whole charge to jury, refusal of new trial and rulings on evidence insufficient; Bard v. Elston, 31 Kan. 276, 1 Pac. 567, holding general exception to all instructions given jury insufficient; Barnhardt v. Smith, 86 N. C. 479, refusing to entertain exception not directly pointing out excepted parts of testimony; Adams v. State, 25 Ohio St. 588, holding exceptions to general charge, not pointing out specifically portions objected to, insufficient; Fitzgerald v. Cross, 30 Ohio St. 450, refusing to examine errors not specifically objected to; McDonough v. Great Northern Ry., 15 Wash. 261, 46 Pac. 338, refusing to consider exception not specific as to part of charge excepted to.

21 Wall. 162-178, 22 L. 627, MINOR v. HAPPERSETT.

Citizens. Irrespective of fourteenth amendment, women born or naturalized in United States are citizens thereof, p. 165.

Cited and relied upon in Dorsey v. Brigham, 177 Ill. 256, 69 Am. St. Rep. 232, 52 N. E. 305, 42 L. R. A. 810, holding alien women, lawfully subject to naturalization, become naturalized by virtue of marriage with citizens; State v. County Court, 90 Mo. 598, 2 S. W. 790, holding women must be counted in determining whether petition for dramshop license has been signed by majority of citizens in district; State v. Hostetter, 137 Mo. 649, 59 Am. St. Rep. 520, 39 S. W. 272, 38 L. R. A. 217, and n., holding women citizens of Missouri and eligible to certain office therein, collecting authorities; arguendo, in Ritchie v. People, 155 Ill. 112, 46 Am. St. Rep. 325, 40 N. E. 458, 29 L. R. A. 84, holding law limiting work hours of females void, as restriction on citizens' right to contract; dissenting opinion in Lyman v. Martin, 2 Utah, 155, arguing that act containing requirement of different qualifications in female voters, void.

Citizens.-Word "citizen," as used in Constitution, means a member of the nation, owing allegiance thereto and entitled to protection therefrom, p. 166.

Cited and principle applied in United States v. Wong Kim Ark, 169 U. S. 654, 655, 680, 42 L. 893, 902, 18 S. Ct. 459, 469, affirming S. C., 71 Fed. 386, holding Chinese born in America, of parents subjects of China, a citizen by virtue of American birth, reviewing cases on citizenship; Blair v. Silver Peak Mines, 93 Fed. 335, holding proof of residence for seventy years in State evidence of citizenship for purpose of removal of cause; Minneapolis v. Reum, 56 Fed. VOL. VIII-26

571, 12 U. S. App. 446, holding citizenship conferred by birth is presumed to continue until change of nationality is proved; dissenting opinion in United States v. Wong Kim Ark, 169 U. S. 724, 42 L. 917, 18 S. Ct. 485, majority holding Chinese born in America, of Ariz. alien parents, a citizen; arguendo, in Cronly v. Tucson, 56 Pac. 877.

Citizens.-All people of original States, at adoption of Constitution, became ipso facto citizens of United States, p. 167.

Cited in Boyd v. Nebraska, 143 U. S. 176, 36 L. 114, 12 S. Ct. 387, holding all citizens of Nebraska became, upon its admission, citizens of United States; dissenting opinion in State v. Boyd, 81 Neb. 749, 48 N. W. 759, applying rule to admission of new States, majority contra.

Distinguished in State v. Boyd, 81 Neb. 718, 719, 48 N. W. 749, holding rule inapplicable to subsequently-admitted States.

Citizens. Fourteenth constitutional amendment merely furnished an additional guaranty for protection of existing rights of citizenship without adding to them, p. 171.

Cited and applied in McPherson v. Blacker, 146 U. S. 38, 36 L. 878, 13 S. Ct. 11, holding State law, providing for election of presidential electors by districts, not unconstitutional as depriving each voter from voting for all candidates for electorship; People v. Læder, 175 Ill. 611, 51 N. E. 793, upholding State civil service law, as not depriving municipal officers of privileges guaranteed by amendment; Stone v. Smith, 159 Mass. 415, 34 N. E. 521, holding constitutional educational requirement for suffrage not contrary to amendment; McPherson v. Secretary of State, 92 Mich. 390, 31 Am. St. Rep. 596, 52 N. W. 473, 16 L. R. A. 480, holding provision for election of presidential electors by districts not contrary to fourteenth and fifteenth amendments; State v. Jackson, 80 Mo. 178, 50 Am. Rep. 501, holding constitutional prohibition of intermarriage between whites and negroes not in conflict with fourteenth amendment; McCandless v. Railroad Co., 38 S. C. 113, 16 S. E. 432, 18 L. R. A. 444, holding State law, making railroads liable for fires communicated by its engines, not in conflict with fourteenth amend ment; State v. Atkinson, 40 S. C. 371, 42 Am. St. Rep. 884, 18 S. E. 1024, holding admission of papers taken from room of accused not violative of Constitution; Frasher v. State, 3 Tex. App. 271, 30 Am. Rep. 136, holding law prohibiting intermarriage between whites and blacks not violative of fourteenth and fifteenth amendments: Holden v. Hardy, 169 U. S. 383, 42 L. 788, 18 S. Ct. 385, upholding Utah law limiting labor hours of miners, as not an abridgment of citizens' privileges; Brown v. Phillips, 71 Wis. 247, 36 N. W. 245, upholding law extending right of suffrage at school elections to women. See 25 Am. St. Rep. 872, note on fourteenth amend ment.

Elections. Right of suffrage is not co-extensive with citizenship, p. 178.

Cited and principle applied in Blanck v. Pausch, 113 Ill. 64, holding petition for election contest should aver that petitioner is elector; averment of citizenship insufficient; Morris v. Powell, 125 Ind. 315, 25 N. E. 228, 9 L. R. A. 333, holding suffrage a political right, not one of property, and declaring act providing certain residence qualifications invalid; Gougar v. Timberlake, 148 Ind. 41, 62 Am. St. Rep. 489, 46 N. E. 339, 37 L. R. A. 648, holding suffrage not a natural right of citizenship, but a privilege granted by Constitution; State ▼. Fairlamb, 121 Mo. 151, 25 S. W. 899, holding resident debarred from voting through insufficient length of residence, eligible as juror; Blair v. Silver Peak Mines, 93 Fed. 336, defining citizenship necessary to confer Federal jurisdiction; Washington v. State, 75 Ala. 584, 51 Am. Rep. 480, arguendo, State prohibition of persons convicted of crime from voting not unconstitutional.

Elections.-Federal Constitution confers right of suffrage on no one, p. 178.

Cited and applied in United States v. Cruikshank, 92 U. S. 555, 23 L. 592, holding indictment for conspiracy to hinder citizens from voting, alleged no Federal offense; In re Appointment of Supervisors, 52 Fed. 257, holding State laws determine qualifications of voters; Gougar v. Timberlake, 148 Ind. 47, 62 Am. St. Rep. 494, 46 N. E. 341, 37 L. R. A. 650, holding suffrage not granted by Federal Constitution but regulatable by States. See 97 Am. Dec. 263,

note.

Distinguished in Ex parte Yarbrough, 110 U. S. 664, 28 L. 278, 4 S. Ct. 158, holding right of elector to vote for congressman based upon Constitution.

Constitutional law. Provision of State Constitution conferring right of suffrage on men, alone does not violate Federal Constitution, p. 178.

Cited and principle applied in Gongar v. Timberlake, 148 Ind. 46, 62 Am. St. Rep. 493, 46 N. E. 341, 37 L. R. A. 650, upholding like provision in Indiana Constitution; Boyd v. Mills, 53 Kan. 604, 42 Am. St. Rep. 310, 37 Pac. 18, 25 L. R. A. 489, upholding constitutional provision denying suffrage to those having borne arms against government; Atchison v. Lucas, 83 Ky. 465, holding women Ineligible to office under Kentucky Constitution; Robinson's case, 131 Mass. 377, 41 Am. Rep. 240, denying woman admission as attorney; State v. Davidson, 92 Tenn. 534, 22 S. W. 204, 20 L. R. A. 812, holding women ineligible as notary publics in absence of express statutory provision conferring eligibility; Bloomer v. Todd, 3 Wash. Ter. 622, 19 Pac. 143, 1 L. R. A. 117, holding act conferring suffrage upon women in conflict with organic act of territory; In re Lockwood, 154 U. S. 117, 38 L. 930, 14 S. Ct. 1083, arguendo; in United States v. Goldman, 3 Woods, 195, F. C. 15,225, holding Con

stitution confers right upon qualified State elector to vote for congressmen. See notes in 29 Am. Rep. 586, 39 Am. Rep. 38, and 62 Am. St. Rep. 496.

Miscellaneous.- Cited incidentally in City of Minneapolis v. Blum, 56 Fed. 581, 12 U. S. App. 446, Board of Commissioners v. Bunting, 111 Ind. 145, 12 N. E. 151, Weaver v. Templin, 113 Ind. 301, 14 N. E. 601, State v. Harrison, 116 Ind. 309, 19 N. E. 150, Hovey v. State, 119 Ind. 389, 21 N. E. 890, and Commissioners v. Gwin, 136 Ind. 572, 86 N. E. 241, 22 L. R. A. 409. See 13 Am. St. Rep. 145, note.

21 Wall. 178-185, 22 L. 482, MARSH v. WHITMORE.

Attorney cannot be charged with negligence when he accepts as the law a decision of the Supreme Court of his State, p. 183.

Cited and relied upon in Citizens' Loan, etc., Co. v. Friedly, 123 Ind. 147, 18 Am. St. Rep. 323, 23 N. E. 1076, 7 L. R. A. 670, holding attorney not liable for erroneous advice on doubtful point prior to its decision by Supreme Court; Isham v. Parker, 3 Wash. 780, 29 Pac. 843, holding attorney liable for reasonable amount of skill but not a guarantor of results. See 34 Am. Dec. 91, lengthy note on attorney's liability for negligence, collecting cases.

Principal and agent. The law prohibits one selling on another's account from buying on his own, at the sale, p. 184.

Cited and principle applied in Wardell v. Railroad Co., 103 U. S. 658, 26 L. 511, holding agreement of directors of railroad to form auxiliary company to contract with road illegal; Memphis, etc., R. R. v. Woods, 88 Ala. 642, 16 Am. St. Rep. 92, 7 So. 112, 7 L. R. A. 610, and n., restraining directors of railroad from so voting their stock as to injure road in interests of another of which they were directors; Higgins v. Lansingh, 154 Ill. 365, 40 N. E. 380, setting aside agreement between corporation by its directors and individual directors, when injurious to corporation; Appleton v. Turnbull, 84 Me. 80, 24 Atl. 595, holding purchase of pledged property by pledgee voidable unless ratified or permitted by pledgor; Currie v. School District, 35 Minn. 165, 27 N. W. 923, holding contract between school trustees and individual trustee, for latter's employment, voidable; Pearson v. Railroad, 62 N. H. 543, 13 Am. St. Rep. 596, holding action of common directors of two railroads, prejudicial to one, may be enjoined by stockholders thereof; Feamster v. Feamster, 35 W. Va. 13. 13 S. E. 57, holding trustee purchasing trust land from himself and reselling at profit must account to beneficiary for difference; Cullen v. Blimm, 37 Ohio St. 238, deciding case upon other grounds. See note, 17 Am. St. Rep. 302.

Distinguished in Leavenworth v. Chicago, etc., R. R., 134 U. S. 708, 33 L. 1073, 10 S. Ct. 715, holding foreclosure sale valid notwith. standing trust relations of parties, there being no collusion or fraud, Durlacher v. Frazer, Wyo. 55 Pac. 309, holding no contract existed between corporation and individual director.