within two years; Adams v. Adams, 211 Mass. 202, 97 N. E. 984, upholding statute providing that property withdrawn from ordinary channels of use by beneficial owner's absence should be distributed as intestate estate, and providing that it should apply to existing trustees; Mulvey v. City of Boston, 197 Mass. 182, 183, 184, 14 Ann. Cas. 349, 83 N. E. 403, 404, change of limitation from six to two years giving thirty days to sue on claims accrued for two years is valid.

Distinguished in Lamb v. Powder River Live Stock Co., 132 Fed. 437, 439, 67 L. R. A. 558, 65 C. C. A. 570, act of Colorado, April 29, 1895, amended act of April 6, 1899, requiring action against resident on judgment rendered outside State on cause of action accruing six years prior to action on judgment to be commenced in three months, is void.

185 U. S. 65-83, 46 L. Ed. 808, 22 Sup. Ct. 585, VICKSBURG WATERWORKS CO. v. VICKSBURG.

An intention and attempt by subsequent legislation to deprive rights under contract involves Federal question.

Approved in Duluth Brewing etc. Co. v. Superior, 123 Fed. 356, 59 C. C. A. 481, assuming without deciding that bill in equity will lie to restrain enforcement of invalid municipal ordinance; American Waterworks etc. Co. v. Home Water Co., 115 Fed. 177, 179, holding suit to enjoin enforcement of ordinances as attempts to annul exclusive grant of water privileges involves Federal question.

Ordinance of city denying liability on contract with water company, and issuance of bonds for construction of waterworks, and refusal to pay amount due on contract with water company, discloses attempt to impair obligation of contract.

Approved in Southern Bell Tel. & Tel. Co. v. City of Birmingham, 211 Fed. 711, holding ordinance having effect of denying liability on contract did not impair obligation; Monett Electric Light etc. Co. v. Incorporated City of Monett, 186 Fed. 364, ordinance giving exclusive right to furnish light for city for twenty years is contract binding on city; American Tel. & Tel. Co. v. Town of New Decatur, 176 Fed. 136, 138, 139, ordinance, repealing prior ordinance granting franchise to telephone company, and ordering removal of poles and wires from streets, held not to impair obligation of contract.

Municipal ordinance as within purview of clause in Federal Consti-
tution against impairment of obligation of contracts. Note, 12
Ann. Cas. 504.

Power of State to annul its contract by legislative act. Note, Ann.
Cas. 1915B, 137.

Nullification or breach of State contract as impairment of obligation
of contract. Note, 45 L. R. A. (N. S.) 723.

Right of municipality to establish competing water system. Note, 6 Ann. Cas. 601, L. R. A. 1915C, 448.

1059

VICKSBURG W. W. CO. v. VICKSBURG. 185 U. S. 65-83

Establishment and regulation of municipal water supply. Note, 61
L. R. A. 74.

Equity has jurisdiction to anticipate and prevent a threatened injury where the damages would be insufficient or irreparable.

Approved in Boise Artesian Hot etc. Water Co. v. Boise City, 213 U. S. 284, 53 L. Ed. 799, 29 Sup. Ct. 426, collection of tax will not be enjoined on ground that it casts cloud on title where it can be collected only in suit at law in which defense of illegality is open; Mercantile Trust etc. Co. v. Columbus, 203 U. S. 322, 51 L. Ed. 203, 27 Sup. Ct. 83, holding bill of water company supplying city to enjoin city from constructing its own water system stated ground for relief; Vicksburg v. Vicksburg Waterworks Co., 202 U. S. 458, 50 L. Ed. 1106, 26 Sup. Ct. 660, Miss. Const., 1890, § 178, giving right to amend or repeal corporate charter if without injustice, does not warrant issuance of bonds by city to construct competing system during contract with water company; Macy v. Browne, 224 Fed. 362, 140 C. C. A. 45, enjoining Federal tea board from excluding tea entitled to admission which had once been improperly rejected; Portland Ry. Light etc. Co. v. Portland, 201 Fed. 124, 128, Federal question presented in suit to enjoin enforcement of ordinance alleged to impair obligation of contract; Nelson v. Murfreesboro, 179 Fed. 908, bill by person holding exclusive contract to furnish light and gas to city to enjoin granting of franchise to another held not to state grounds for relief; Tindel-Morris Co. v. Chester Forging etc. Co., 163 Fed. 305, enjoining threatened infringement of patent; Louisville etc. R. Co. v. Railroad Commission, 157 Fed. 961, enjoining operation of alleged unconstitutional statute fixing rates pending hearing; Missouri etc. Ry. Co. v. Olathe, 156 Fed. 632, refusing to enjoin passage of ordinance having purpose of repealing prior ordinance; Selma Water Co. v. Selma, 154 Fed. 141, denying injunction, at suit of water company holding exclusive franchise, against city proceeding with work of building water system; Farmers' Loan etc. Co. v. Mayor etc. of Meridian, 139 Fed. 676, 677, equity will enjoin construction of competing system by city during life of contract with water company, whereby company obligated to furnish and city to take and pay for water; Columbus Ave. Sav. Fund etc. Co. v. Dawson, 130 Fed. 175, company furnishing water to city under contract can, during life of contract, enjoin issuance of bonds by city to construct competing system; Palatka Water Works v. Palatka, 127 Fed. 164, 165, holding equity has jurisdiction of suit against city alleging ordinance reducing rates below that fixed by prior contract; Oppenheimer v. Philadelphia etc. R. R. Co., 39 App. D. C. 266, enjoining construction without authority of railroad bridge over street at suit of abutting owners; Elser v. Village of Gross Point, 233 Ill. 241, 79 N. E. 31, injunction lies to restrain collection of water by municipality in artificial channel, casting it on land of another; Westminster Water Co. v. Mayor etc. of Westminster, 98 Md. 556, 103 Am. St. Rep. 424, 64 L. R. A. 630, 56 Atl. 992, agreement by city to levy annual tax payable to waterworks company

for water without time limit is void; dissenting opinion in Atlantic Coast Line R. Co. v. City of Goldsboro, 155 N. C. 367, 71 S. E. 518, majority upholding ordinance limiting, to certain hours, right of railroad to shift cars in town limits.

Distinguished in Dawson v. Columbia Avenue etc. Trust Co., 197 U. S. 181, 49 L. Ed. 716, 25 Sup. Ct. 420, refusal of municipality to perform contract whereby it is obligated to take and pay for water from water company is not impairment of contract; Elkins v. City of Chicago, 119 Fed. 961, holding adoption by council of committee report of near expiration of railway franchise recommending steps to oust company unless franchise renewed impairs no contract; Harvey v. Miller, 24 App. D. C. 54, denying injunction against erecting fence on disputed boundary.

Suit by water company having contract with city to enjoin city from erecting and maintaining waterworks under subsequent legislation presents Federal question.

Approved in The Fair v. Kohler Die etc. Co., 228 U. S. 26, 57 L. Ed. 718, 33 Sup. Ct. 410, where plaintiff relied on infringement of patent Circuit Court had jurisdiction; Louisville etc. R. R. Co. v. Mottley, 211 U. S. 154, 53 L. Ed. 128, 29 Sup. Ct. 42, Circuit Court has no jurisdiction of suit against railroad to enforce annual pass contract because refusal based on anti-pass provisions of Interstate Commerce Act; Central of Georgia Ry. Co. v. Wright, 166 Fed. 157, suit to enjoin collection of tax -on personalty alleged to have situs in another State for taxation presents Federal question; Board of Trustees of Whitman College v. Berryman, 156 Fed. 117, suit by educational corporation to enjoin collection of taxes on its property alleged exempt by charter presents Federal question; Des Moines City Ry. Co. v. Des Moines, 151 Fed. 859, 860, suit to enjoin removal of tracks from streets as required by resolution of city council presents Federal question, where plaintiff claims perpetual franchise.

Miscellaneous. Cited in Mayor etc. of Vicksburg v. Vicksburg Waterworks Co., 206 U. S. 506, 51 L. Ed. 1159, 27 Sup. Ct. 762, and Mayor etc. of Vicksburg v. Henson, 231 U. S. 261, 58 L. Ed. 213, 34 Sup. Ct. 95, both referring historically to principal case.

185 U. S. 83-93, 46 L. Ed. 816, 22 Sup. Ct. 582, RODGERS V. UNITED STATES.

Where a later general statute is broad enough to include the matter provided for in an earlier special statute, the earlier statute is presumed to remain in force as an exception to the general statute.

Approved in Washington v. Miller, 235 U. S. 428, 59 L. Ed. 299, 35 Sup. Ct. 119, general statute regulating descent and distribution of all lands in a territory not incompatible with special statute relating to particular class of Indian lands; Mutual Life Ins. Co. v. Hill, 193 U. S. 558, 48 L. Ed. 793, 24 Sup. Ct. 538, general declaration in insurance contract that it is to be construed according to New York law is governed by express stipulation admitting notice in respect to payment of pre

1061

NEW YORK v. PINE.

185 U. S. 93-108

mium; In re Anderson, 214 Fed. 664, applying rule in construing Naturalization Act of 1906 as to requirements for filing declaration of intention; Washington Trust Co. v. Dunaway, 169 Fed. 46, 94 C. C. A. 405, applying rule in construing Alaska Railroad Act of 1898 relating to mortgages; United States v. Rodiek, 162 Fed. 471, 89 C. C. A. 389, holding Naturalization Act of 1906 repealed provisions of Organic Act of Hawaii relating to naturalization; Ex parte Reaves, 121 Fed. 862, holding act of March 3, 1893, making fraudulent enlistment and receipt of pay thereunder cause for court-martial does not defeat right of nonassenting parent of minor to avoid enlistment; Adams v. Dendy, 82 Miss. 142, 33 South. 844, Act 1900, c. 250, § 8, authorizing salary to supervisors not repealed by code of 1892 reproducing general but not local law; State v. Roach, 258 Mo. 552, 167 S. W. 1011, applying rule in construing provisions of primary law as to filing declarations of candidacy; Lange v. New York Life Ins. Co., 254 Mo. 505, 162 S. W. 594, specific provision of life policy held to govern general provision as to laws governing policy; Davis v. City of Salisbury, 161 N. C. 61, 76 S. E. 689, and Southern Assembly v. Palmer, 166 N. C. 81, 82 S. E. 20, both applying rule in construing statute repealing exemptions from taxation; School Commrs. of Charlotte v. Board of Aldermen, 158 N. C. 198, 73 S. E. 908, applying rule in construing provisions of city charter relating to schools; Ex parte Townsend, 64 Tex. Cr. 373, Ann. Cas. 1914C, 814, 144 S. W. 641, applying rule in construing statute regulating sale of intoxicants; George v. Consolidated Lighting Co., 87 Vt. 421, Ann. Cas. 1916C, 416, 52 L. R. A. (N. S.) 850, 89 Atl. 639, statute providing public service commission shall determine necessity for taking and compensation for land for public utility supersedes mode provided in corporate charter; dissenting opinion in State v. Houser, 122 Wis. 614, 100 N. W. 991, majority holding Rev. Stats. Wis. 1898, § 35, creates tribunal with exclusive jurisdiction to settle right to use party name on ballot.

Distinguished in Mutual Life Ins. Co. v. New, 125 La. 45, 136 Am. St. Rep. 326, 27 L. R. A. (N. S.) 431, 51 South. 63, holding neither of two general clauses in insurance policy controlled the other.

Navy Personnel Act regulating officers' pay construed.

Approved in United States v. Crosley, 196 U. S. 332, 49 L. Ed. 499, 25 Sup. Ct. 261, aid to rear-admiral is entitled to same extra pay allowed to aid to major-general with exception of "mounted pay"; Gibson v. United States, 194 U. S. 189, 48 L. Ed. 929, 24 Sup. Ct. 613, captain in navy serving in Civil War and retired pursuant to Rev. Stats., § 1444, is entitled to three-fourths of sea pay of rear-admiral.

185 U. S. 93-108, 46 L. Ed. 820, 22 Sup. Ct. 592, NEW YORK v. PINE. Person desiring to insist upon certain legal rights must do so promptly. Approved in McCarthy v. Bunker Hill & Sullivan Min. etc. Co., 147 Fed. 985, operation of mine employing twelve thousand men will not be enjoined because of slight damage to land owners by discharge of tail

ings where land acquired subsequent to working of mine; Andrus v. Berkshire Power Co., 147 Fed. 81, 77 C. C. A. 248, construction of dam not enjoined after one year's work completed where complainant had notice and made no objection until his demand for five thousand dollars damages refused; Kessler & Co. v. Ensley Co., 141 Fed. 169, sale of land of uncertain value to officer of corporation to pay corporation debt will not be set aside after four years after improvements made, town built and land greatly increased in value; Kessler v. Ensley Co., 123 Fed. 566, holding stockholder's delay of four years before taking action to set aside conveyances alleged to be fraudulent bars right; Penrhyn Slate Co. v. Granville Electric Light etc. Co., 181 N. Y. 88, 73 N. E. 568, riparian owner will not be heard to complain of city's diverting water for waterworks after doing so for fifteen years.

Distinguished in De Lucca v. North Little Rock, 142 Fed. 601, owner of lot cannot enjoin construction of viaduct by city along street, damage being incidental; McCleery v. Highland Boy Gold Min. Co., 140 Fed. 954, refusing to enjoin continuance of smelter where complainant has permitted it to continue several vears except on defendant's failure to pay damage; Speer v. Erie R. R. Co., 64 N. J. Eq. 608, 54 Atl. 542, holding land owner's right to railroad crossing not lost on change of grade by two months' delay in suing where during such time he had listened to company's propositions; dissenting opinion in Western Union Tel. Co. v. Pennsylvania R. R. Co., 195 U. S. 579, 49 L. Ed. 326, 25 Sup. Ct. 133, majority holding act of July 24, 1866, giving telegraph company right to construct lines on any public domain did not warrant their construction on railroad's right of way.

In action to enjoin the continuance of a work of public importance at suit of one injured thereby who could have invoked injunctive process at inception of work, injuries to result from injunction will be considered and where damages will compensate plaintiff, injunction may be denied.

Approved in Western Union Tel. Co. v. Georgia R. & Banking Co., 227 Fed. 291, upholding bill to enjoin removal of telegraph lines from railway right of way, though claim to franchise unfounded, where power to condemn existed and lines were affected with public use; Kamper v. Chicago, 215 Fed. 708, 132 C. C. A. 84, refusing to enjoin removal of public water tunnel constructed without condemnation or consent under plaintiff's lots; Eastern Oregon Land Co. v. Des Chutes R. Co., 213 Fed. 900, owner of option to purchase land consenting to entry of railroad thereon cannot enjoin construction; Knoth v. Manhattan Ry. Co., 187 N. Y. 251, 79 N. E. 1017, Stuart v. Union Pac. R. Co., 178 Fed. 757, 103 C. C. A. 89, and Bannse v. Northern Pac. Ry. Co, 205 Fed. 330, all holding owner estopped to demand removal of railroad, and remitted to claim for damages; Cubbins v. Mississippi River Commission, 204 Fed. 304, 307, refusing to enjoin maintenance of levee which caused overflow of plaintiff's lands; Hagerla v. Mississippi River Power Co., 202 Fed. 783, 791, owner cannot enjoin dam which will flood his land