A and proved by evidence may incline court to modify relief, or grant no relief, court will not sustain demurrer. Approved in Missouri v. Illinois, 200 U. S. 518, 521, 50 L. Ed. 578, 579, 26 Sup. Ct. 268, Federal Supreme Court will not enjoin discharge of Chicago sewage into Mississippi River on complaint by Missouri where evidence shows doubt as to detriment; Ralston Steel Car Co. v. National Dump Car Co., 222 Fed. 592, refusing on demurrer to dismiss bill for injunction; Clinchfield Coal Corp. v. Steinman, 217 Fed. 877, 133 C. C. A. 585, bill held to state cause of action to establish equitable title; Smith v. Bowker-Torrey Co., 199 Fed. 986, bill by receiver, for accounting held on demurrer, to sufficiently allege fraud; Truman v. Inhabitants of Town of Harmony, 198 Fed. 565, bill for relief by holder of excessive issue of town bonds held good as against demurrer; Larsen v. Neal, 194 Fed. 866, 114 C. C. A. 610, holding verdict improperly directed where on view most favorable to appellant, doubtful question was disclosed; Foster-Eddy v. Baker, 192 Fed. 626, question of public policy involved in bequest for promotion of Christian Science cannot be determined on demurrer that Christian Science teaching is against public policy; United States v. Winslow, 195 Fed. 581, 594, 596, overruling demurrer to indictment where questions raised were intricate and doubtful; Sabre v. United Traction etc. Co., 156 Fed. 83, holding bill not demurrable for laches from delay alone; Prindle v. Brown, 155 Fed. 533, 84 C. C. A. 45, bill to establish right to patent held good on demurrer; Snyder v. De Forest Wireless Tel. Co., 154 Fed. 144, reserving questions of law until final hearing, where bill involved and lengthy; Hough v. Porter, 51 Or. 439, 98 Pac. 1109, holding pleadings may be deemed amended to conform to proof where parties ordered to be joined violated spirit of court's order, and made admissions between themselves which made enforcement of decree impracticable; Van Dyke v. Norfolk Southern R. Co., 112 Va. 849, 72 S. E. 664, sustaining demurrer to bill to enforce contract between syndicate and reorganization committee of bondholders of railroad; Pulp Wood Co. v. Green Bay Paper etc. Co., 157 Wis. 618, 147 N. W. 1063, complaint for damages for breach of exclusive contract held not subject to general demurrer, on ground that contract is void, as in restraint of trade. 185 U. S. 148-154, 46 L. Ed. 847, 22 Sup. Ct. 605, ERIE RAILWAY CO. v. PURDY. Under section 709, Revised Statutes, where State Supreme Court refuses to pass on Federal question because not raised in trial court, Supreme Court cannot review judgment. Approved in Robinson v. Wingate, 198 U. S. 580, 49 L. Ed. 1171, 25 Sup. Ct. 801, Hughes v. Kepley, 191 U. S. 557, 48 L. Ed. 301, 24 Sup. Ct. 842, Bank of Commerce v. Wiltsie, 189 U. S. 506, 47 L. Ed. 921, 23 Sup. Ct. 851, Illinois v. Bemis, 189 U. S. 506, 47 L. Ed. 921, 23 Sup. Ct. 851, Carnahan v. Connolly, 187 U. S. 636, 47 L. Ed. 343, 23 Sup. Ct. 843, all 1069 ERIE RY. CO. v. PURDY. 185 U. S. 148-154 affirming rule; White Star Min. Co. v. Hultberg, 205 U. S. 541, 51 L. Ed. 921, 27 Sup. Ct. 794, Stuart v. Hauser, 203 U. S. 585, 51 L. Ed. 328, 27 Sup. Ct. 783, Minneapolis etc. Ry. Co. v. Leora, 235 U. S. 694, 59 L. Ed. 429, 35 Sup. Ct. 208, Chicago etc. Ry. Co. v. Hanson, 235 U. S. 693, 59 L. Ed. 429, 35 Sup. Ct. 206, and Britton v. Wheeler, 235 U. S. 687, 59 L. Ed. 425, 35 Sup. Ct. 203, all dismissing for want of jurisdiction on authority of principal case; Louisville etc. R. R. Co. v. Woodford, 234 U. S. 51, 58 L. Ed. 1208, 34 Sup. Ct. 739, raising Federal right on motion for new trial not sufficient when court does not pass on claim; Consolidated Turnpike Co. v. Norfolk etc. Ry. Co., 228 U. S. 331, 57 L. Ed. 861, 33 Sup. Ct. 510, Federal question not presented where first raised on petition for rehearing which was denied without opinion; Osborne v. Clark, 204 U. S. 569, 51 L. Ed. 627, 27 Sup. Ct. 319, that State statute, assailed as invalid under State Constitution, might also have been assailed under Federal Constitution does not give this court jurisdiction; Cox v. Texas, 202 U. S. 452, 50 L. Ed. 1102, 26 Sup. Ct. 671, in passing on validity of exemption from taxation wines of local producers, Supreme Court will not consider Federal question not passed on by State court; Hulbert v. Chicago, 202 U. S. 281, 50 L. Ed. 1028, 26 Sup. Ct. 617, Supreme Court will not issue writ of error to State court where petitioner failed to point out to State court invalidity of proceeding under Fourteenth Amendment; Mutual Life Ins. Co. v. McGrew, 188 U. S. 308, 47 L. Ed. 484, 23 Sup. Ct. 378, holding State decision cannot be reviewed for failure to accord full faith to Hawaiian judgment where contention not presented to highest State court; Layton v. Missouri, 187 U. S. 361, 47 L. Ed. 216, 23 Sup. Ct. 139, holding State decision upholding State statute claimed to violate Federal Constitution is not reviewable where State court refused to decide Federal question because not raised below; Post Printing etc. Co. v. Shafroth, 53 Colo. 142, 124 Pac. 181, refusing to consider Federal question not raised in trial court; Moliter v. Wabash R. Co., 180 Mo. App. 92, 168 S. W. 253, holding in personal injury suit demurrer to evidence was sufficient to raise objection that case arises only under Federal Employers' Liability Act; Paul v. Delaware etc. R. R. Co., 175 N. Y. 478, 67 N. E. 1087, holding appellant cannot raise question of illegality of contract as in restraint of trade where such question was not raised below; Chicago etc. Ry. Co. v. Halliday, 45 Okl. 564, 145 Pac. 796, Federal question cannot be raised for first time on appeal. Time and manner of raising and deciding questions in State court to Validity of statutory requirement for mileage books at reduced rates. Miscellaneous. Cited in Western Union Tel. Co. v. Gilkinson, 46 Ind. App. 31, 90 N. E. 651, to point that in absence of Federal legislation, State may impose penalty for failure to receive, transmit or deliver telegraph message, if fault occurs within State. 185 U. S. 155-171, 46 L. Ed. 851, 22 Sup. Ct. 598, HITZ v. JENKS. Property in possession of receiver appointed by court is not subject to sale on execution. Approved in Slade v. Massachusetts Coal etc. Co., 188 Fed. 371, mortgagee cannot proceed with foreclosure of mortgage while receiver is in charge of affairs of mortgagor; Grosscup v. German Sav. etc. Society, 162 Fed. 951, mortgaged property in hands of receiver in foreclosure suit cannot be sold under execution issued from another court; Kittrell v. First Nat. Bank, 56 Tex. Civ. 397, 120 S. W. 1105, possession by receiver of mortgaged property cannot be interfered with by process of court which had foreclosed mortgage; Parr v. Blue Ridge Coal Co., 72 W. Va. 180, 181, 77 S. E. 897, where receiver in charge of insolvent mining company, court may enjoin lessors of mining lease from forfeiting and reentering leased premises. Sale without leave of court by trustee in trust deed confers no title. Approved in Knott v. Evening Post Co., 124 Fed. 352, holding Federal court will not surrender corporation property to receiver of State court appointed after Federal court took action, although State action for inspection of books was first begun. Practice and procedure governing transfer of causes to Federal Supreme Court for review. Note, 66 L. R. A. 868. 185 U. S. 172-181, 46 L. Ed. 857, 22 Sup. Ct. 612, TALBOT v. FIRST NAT. BANK OF SIOUX CITY. It is interest charged and not interest as to which forfeiture might be enforced that Revised Statutes, section 5198, regards as illegal. Approved in Petterson v. Bury, 125 Fed. 906, 60 C. C. A. 610, holding, under Alaska Còde 1900, §§ 255-259, raising rate of interest to twelve per cent, defense of usury not available against note bearing twelve per cent executed prior thereto but sued on in 1903; First Nat. Bank v. Davis, 135 Ga. 691, 36 L. R. A. (N. S.) 134, 70 S. E. 248, transfer of property to bank in payment of usurious interest held to be in violation of section 5198, Rev. Stats.; Mitchell v. Joplin Nat. Bank, 184 Mo. App. 484, 170 S. W. 675, holding Supreme Court had exclusive jurisdiction of appeal in action under sections 5197 and 5198 to recover double interest. Distinguished in McCarthy v. First Nat. Bank, 23 S. D. 281, 21 Ann. Cas. 437, 23 L. R. A. (N. S.) 335, 121 N. W. 858, holding application of payment on note to usurious interest and taking new note for balance thus found due started statute of limitations against recovery of interest paid by maker. Effect of national bank's taking or reserving illegal interest. Note, 56 L. R. A. 688, 703. 1071 NOTES ON U. S. REPORTS. 185 U. S. 182-212 What adjudications of State courts reviewable in Federal Supreme 185 U. S. 182-188, 46 L. Ed. 862, 22 Sup. Ct. 621, TALBOT v. SIOUX NATIONAL BANK. Suit under sections 5197 and 5198, Revised Statutes, must be commenced within two years after usurious payment. Approved in Mitchell v. Joplin Nat. Bank, 184 Mo. App. 484, 170 S. W. 675, suit to recover double interest paid involves Federal question and appeal lies only to Supreme Court; First Nat. Bank v. Langston, 32 Okl. 800, 124 Pac. 310, approving instruction as to amount of interest recoverable when paid within two years. Running of statute of limitations against action to recover penalty or forfeiture for taking usury. Note, 21 Ann. Cas. 446. Effect of national bank's taking or reserving illegal interest. Note, What adjudications of State courts reviewable in Federal Supreme 185 U. S. 189-202, 46 L. Ed. 866, 22 Sup. Ct. 624, UNITED STATES v. PENDELL. From long and uninterrupted possession law may presume such formal instruments as are requisite to title. Approved in Sena v. American Turquoise Co., 14 N. M. 520, 98 Pac. 172, evidence of possession held insufficient to raise presumption of confirmation of imperfect Spanish grant. Unless error clearly appears, decision of Court of Private Land Claims as to sufficiency of possession will be adopted. Approved in Sena v. United States, 189 U. S. 239, 47 L. Ed. 791, 23 Sup. Ct. 598, adopting finding of Court of Private Land Claims that the evidence of settlement and occupation of tract claimed as granted is "so vague as to be almost wholly wanting." 185 U. S. 203-212, 46 L. Ed. 872, 22 Sup. Ct. 616, ST. LOUIS CONSOLIDATED COAL CO. v. ILLINOIS. State has power to provide that fees of State mine inspectors be paid by owners of mines inspected. Approved in Delaware etc. R. Co. v. Board of Public Utility Commrs., 83 N. J. L. 217, 84 Atl. 704, upholding order of railroad commission requiring railroads to supply sanitary drinking-cups for passengers' use; Stine v. Lewis, 33 Okl. 620, 127 Pac. 401, holding quarantine statute is not void because imposing on owner cost of dipping sheep. Distinguished in Ex parte Gardner, 84 Kan. 271, 33 L. R. A. (N. S.) 956, 113 Pac. 1056, holding void militia one-cent fare law. Law providing for inspection of coal mines is not invalid by reason of its limitation to mines where five or more men are employed, Approved in Tauner v. Little, 240 U. S. 382, 383, 60 L. Ed. 701, 36 Sup. Ct. 383, upholding tax on use of trading stamps; Truax v. Raich, 239 U. S. 43, 60 L. Ed. 136, 36 Sup. Ct. 11, holding void statute limiting percentage of aliens which any employer may employ; Jeffrey Mfg. Co. v. Blagg, 235 U. S. 577, 59 L. Ed. 369, 35 Sup. Ct. 167, 7 N. C. C. A. 547, Ohio workmen's compensation law is void because it applies only to employers of five or more employees; Plymouth Coal Co. v. Pennsylvania, 232 U. S. 540, 58 L. Ed. 717, 34 Sup. Ct. 359, upholding statute requiring owners of adjoining coal properties to have boundary pillars; The Michigan Telephone Tax Cases, 185 Fed. 639, and Citizens' Telephone Co. v. Fuller, 229 U. S. 330, 57 L. Ed. 1213, 33 Sup. Ct. 833, both upholding statute taxing telephone corporations and exempting those having gross receipts of less than five hundred dollars; McLean v. State, 81 Ark. 309, 126 Am. St. Rep. 1037, 11 Ann. Cas. 72, 98 S. W. 730, and McLean v. Arkansas, 211 U. S. 551, 53 L. Ed. 321, 29 Sup. Ct. 206, both upholding statute requiring coal to be measured before screening for payment of miners' wages, at mines employing ten or more men; Holly v. McDowell Coal etc. Co., 203 Fed. 673, 3 N. C. C. A. 749, 122 C. C. A. 64, upholding statute regulating internal operation of coal mines; Hand v. Stapleton, 135 Ala. 166, 33 South. 692, upholding, under Alabama Constitution (act of February 5, 1901), providing for removal of county seat, the act not to take effect until it was ascertained that tax rate would not be increased; Consumers' League v. Colorado etc. Ry. Co., 53 Colo. 64, 67, Ann. Cas. 1914A, 1158, 125 Pac. 580, 581, holding statute regulating carriers is not void because not applying to short mountain roads; People v. Butler Street Foundry, 201 Ill. 256, 66 N. E. 356, holding act of 1893 not unconstitutional for exempting from its operation building, loan and homestead associations; Vandalia R. Co. v. Stillwell, 181 Ind. 279, 284, Ann. Cas. 1916D, 258, 104 N. E. 293, 295, 5 N. C. C. A. 492, Employers' Liability Act is not void because it applies only to employers of five or more persons; Chicago etc. Ry. Co. v. Railroad Commission, 173 Ind. 481, 90 N. E. 1013, provisions in act creating railroad commission that its powers do not extend to freight carried by lines less than a third of whose whole business is freight, are valid; State v. Reaser, 93 Kan. 630, 145 Pac. 839, holding statute to promote health of coal mine employees is not void because it does not apply to all classes of mines; Hawkins v. Smith, 242 Mo. 696, 147 S. W. 1044, upholding statute abrogating fellowservant rule as to employees in mines producing minerals, while excepting nonproducing mines; Cunningham v. Northwestern Improvement Co., 44 Mont. 212, 1 N. C. C. A. 737, 119 Pac. 562, upholding statute creating State insurance fund for coal miners; People v. C. Klinck Packing Co.. 214 N. Y. 137, Ann. Cas. 1916D, 1051, 108 N. E. 283, upholding statute requiring one day's rest in seven to be given employees in certain kinds of factories employing seven or more persons; People v. Lochner, 177 |