Construction and Effect. Program pursuant to California Agri-
cultural Prorate Act for marketing 1940 raisin crop not incompatible.
Parker v. Brown, 341.

AGRICULTURAL PRORATE ACT. See Agricultural Marketing
Agreement Act; Antitrust Acts, 1; Constitutional Law, II, 4.


Alien Enemy. Capacity of resident alien enemy to sue. Ex parte
Kawato, 69.

AMOUNT IN CONTROVERSY. See Jurisdiction, IV, 2.

ANTITRUST ACTS. See Patents for Inventions, 4; Witnesses.

1. Restraint of Trade. California Agricultural Prorate Act, regu-
lating handling and prices of raisins, not violative of Sherman Act.
Parker v. Brown, 341.

2. Id. Conviction of medical organizations for conspiracy to re-
strain trade in District of Columbia sustained. American Medical
Assn. v. U. S., 519.

3. Id. Business of Group Health Association was "trade" within
§ 3 of Sherman Act. Id.

4. Id. That defendants are physicians and medical organizations
immaterial. Id.

5. Id. Sufficiency of indictment and evidence. Id.

6. Exemptions. Dispute here did not involve "terms and condi-
tions of employment" within Clayton and Norris-La Guardia
Acts. Id.

APPEAL. See Bankruptcy, 10; Habeas Corpus, 1, 3; Jurisdiction.

APPORTIONMENT. See Constitutional Law, I, 9.



ASSISTANCE OP COUNSEL. See Constitutional Law, I, 7.

ASSUMPTION OF RISK. See Boiler Inspection Act.

ATTORNEYS. See Contempt.


1. Relief of Debtors. Right of farmer-debtor who has interest in

property to institute new proceeding under § 75. Wragg v. Federal

Land Bank, 325.


2. Id. Administrator may not revive or initiate proceeding under
§ 75 without leave of probate court; § 8 of Act inapplicable; General
Order 50 (9) applicable. Harris v. Zion's Savings Bank Co., 447.

3. Property of Debtor. Administration in § 75 proceeding of in-
terest of debtor as joint tenant of land purchase contract; effect of
forfeiture of interest of co-tenant. Mangus v. Miller, 178.

4. Id. Right of Redemption after foreclosure in Alabama as inter-
est administrable in § 75 proceeding. Wragg v. Federal Land Bank,

5. Id. Property in which all equity or right of debtor had been
extinguished by foreclosure sale, not part of estate. State Bank v.
Brown, 135.

6. Possession of Debtor. Deposit of Rental. Effect of withdrawal
of deposit of rental on further proceedings for three-year stay and
other relief under § 75 (s). Mangus v. Miller, 178.

7. Conciliation Commissioner. Review of Order. Timeliness of
petition for review of order of conciliation commissioner fixing rental,
granting stay, or directing sale; effect of petition for rehearing; ju-
risdiction of reviewing court to act after expiration of ten-day period.
Pfister v. Northern Illinois Finance Corp., 144.

8. Corporate Reorganization. Effect of prior proceeding pending
in state court; adequacy of prior proceedings compared with Ch. X;
showing of "need for relief"; "good faith" of petitioner; interests of
creditors and stockholders. Marine Properties v. Manufacturers
Trust Co., 78.

9. Id. Rule of full priority applicable. Id.

10. Review of Orders of Bankruptcy Court. Order of bankruptcy
court vacating earlier order restraining prosecution by alleged bank-
rupt of suit in state court, appealable. Albin v. Cowing Pressure
Joint Co., 211.


National Banks. Insolvency. Assessment. Authority of Comp-
troller of Currency to extend date for payment of assessment; when
limitation begins to run. Fisher v. Whiton, 217.

BILLS OF EXCEPTIONS. See Criminal Appeals Boles.

1. Preparation. Verbatim transcript of evidence unnecessary.
Miller v. U. S., 192.

2. Settlement. Duty of counsel and district judge. Id.

[ocr errors][graphic]


Construction. Right of Recovery. Ice on top of tender as in-
volving "unnecessary peril to life or limb"; effect of I. C. C. rule;
right of recovery based on infractions of Act; validity of general
verdict; contributory negligence and assumption of risk. Lilly v.
Grand Trunk Western R. Co., 481.

BURDEN OF PROOF. See Admiralty, 3.

CARBON BLACK. See Patents for Inventions, 1.

CERTIORARI. See Jurisdiction, II, 6, 20.

CHARITIES. See Taxation, 7.


Status. Citizen as enemy belligerent. Ex parte Quirin, 1.

CIVIL RIGHTS. See Constitutional Law, I, 3-7.


1. Claim Against United States. Fraud. Construction of R. S.
§ 5438; liability of contractors who bid collusively on P. W. A. proj-
ects. U. S. ex rel. Marcus v. Hess, 537; U. S. ex rel. Ostrager v.
Associated Contractors, 562.

2. Qui Tam Actions. Nature of proceeding under R. S. §§ 3490-
3493. Id.

3. Id. Defenses. That offenders have been indicted and fined for
conspiracy to defraud Government, or that complainant obtained
information from indictment, no bar to action. Id.

4. Id. Damages. Lump sum authorized by R. S. § 3490 properly
assessed for each P. W. A. project involved. Id.

CLAYTON ACT. See Antitrust Acts, 6.

COLLUSION. See Claims, 1.

COMPENSATION. See Longshoremen's and Harbor Workers'
Act, 1-4; Eminent Domain, 1-2; Fair Labor Standards Act, 7.

COMPLETION. See Contracts, 2.



CONDEMNATION. See Constitutional Law, IV, 7-8; Eminent Do-
main, 1-4; Taxation, 1.

CONSPIRACY. See Antitrust Acts, 2; Indictment, 1-2.

Penalty for single conspiracy to violate more than one penal pro-
vision of revenue laws. Braverman v. U. S., 49.

CONSTITUTIONAL LAW. See Habeas Corpus, 2, 5; Procedure, 4.
I. Miscellaneous, p. 721.
II. Commerce Clause, p. 721.
III. Full Faith and Credit Clause, p. 722.
IV. Fifth Amendment, p. 722.
V. Sixth Amendment, p. 723.
VI. Fourteenth Amendment, p. 723.

1. Miscellaneous.

1. Delegation of Power. Delegation to Secretary of Labor of sub-
poena power under Walsh-Healey Act, valid. Endicott Johnson
Corp. v. Perkins, 501.

2. Admiralty Jurisdiction. Recovery under state act for death
of employee drowned in navigable river. Davis v. Department of
Labor and Industries, 249.

3. Civil Rights. Trial by Jury. War. Congress authorized trial
of offense against law of war by military commission. Ex parte
Quirin, 1.

4. Id. Authority of President to order offense against law of war
tried by military commission; validity of Order of July 2, 1942. Id.

5. Id. Accused persons not precluded, by proclamation of July

2, 1942 or by enemy alienage, from testing in civil courts validity
of trial by military commission. Id.

6. Id. Art. Ill, § 2 does not extend to person charged with offense
against law of war right to jury trial in civil court. Id.

7. Waiver of Constitutional Right to trial by jury and to assist-
ance of counsel. Adams v. U. S. ex rel. McCann, 269.

8. Bankruptcy Power. Congress may exclude competing or con-
flicting proceeding in state or federal tribunals. Marine Harbor
Properties v. Manufacturers Trust Co., 78.

9. Supremacy Clause. Validity of § 124 of New York Decedent
Estate Law requiring apportionment of federal estate tax among
beneficiaries of estate. Riggs v. del Drago, 95.

10. Id. Priority of federal tax lien over later state tax lien.
Michigan v. U. S., 338.

11. Federal Taxation. Uniformity. That ultimate incidence of
federal estate tax is governed by state law does not violate require-
ment of geographical uniformity in federal taxation. Riggs v. del
Drago, 95.

II. Commerce Clause.

1. Federal Regulation. Scope of Power. Prices of commodities
in interstate commerce, and practices affecting such prices, as subject
to federal regulation. Wickard v. Filbum, 111.

S03873—43 53


2. Id. Validity of Agricultural Adjustment Act of 1938, restrict-
ing production of wheat for market, as applied to wheat consumed
on farm. Id.

3. State Regulation. Criteria of validity of state regulation
affecting interstate commerce. Parker v. Brown, 341.

4. Id. California Agricultural Prorate Act, regulating handling,
disposition, and prices of raisins, valid. Id.

m. Full Faith and Credit Clause.

Divorce Decree. Divorce decree granted person domiciled in
State, binding on courts of other States. Williams v. North Caro-
lina, 287.

IV. Fifth Amendment.

1. Due Process. Regulation. Validity of regulatory provisions
of Agricultural Adjustment Act of 1938. Wickard v. Filbum, 111.

2. Id. Act of May 26, 1941, amending Agricultural Adjustment
Act of 1938, not invalidly retroactive as applied to wheat planted
before but threshed after enactment. Id.

3. Discriminatory Legislation. Fifth Amendment contains no
equal protection clause. Detroit Bank v. U. S., 329.

4. Tax Liens. Provision of Revenue Act giving unrecorded lien
for federal estate tax priority over subsequent mortgage, though
not over innocent purchasers of property which decedent had trans-
ferred inter vivos in contemplation of death, valid. Id.

5. Id. Validity of priority of unrecorded lien for federal tax
over mortgage lien. Detroit Bank v. United States, 329.

6. Estate Tax. Limitation on deduction for charitable bequests
by §807 of Revenue Act of 1932, valid. Harrison v. Northern
Trust Co., 476.

7. Eminent Domain. Just Compensation. Exclusion from value
of such increase as occurred since date of authorization of project
and as result thereof; severance damage. U. S. v. Miller, 369.

8. Notice and Hearing. Inclusion in judgment in condemnation
proceedings of restitution for excess of amount deposited and paid
by Government over amount awarded landowners; opportunity for
hearing. Id.

9. Criminal Procedure. Person charged with offense against law
of war without right to jury trial in civil court. Ex parte Qvdrin, 1.

10. Id. Double Jeopardy. Qui tarn action against person previ-
ously indicted and convicted of conspiracy to defraud United States
not double jeopardy. U. S. ex rel. Marcus v. Hess, 537.

« ForrigeFortsett »