N. Y. 149, 69 N. E. 374, upholding Laws 1897, p. 485, limiting hours of employment in bakeries to sixty per week and ten per day; State v. Creamer, 85 Ohio St. 405, 39 L. R. A. (N. S.) 694, 97 N. E. 608, 1 N. C. C. A. 42, statute creating employees' insurance fund is not void because it applies only to employers of five or more persons; State v. Felton, 77 Ohio St. 575, 12 Ann. Cas. 65, 84 N. E. 89, upholding statute providing for primary elections by parties which cast not less than ten per cent of total vote at previous election; Patterson v. State, 7 Okl. Cr. 506, 124 Pac. 946, upholding statute regulating operation of coal mines employing ten or more persons; State v. Wickenhoefer, 6 Penne. (Del.) 140, 64 Atl. 281, upholding statute for licensing of persons making small loans at interest above legal rate; Smith v. State, 66 Tex. Cr. 390, 146 S. W. 904, statute fixing qualifications for certain railroad employees is not void because it does not apply to short roads; State v. Haskell, 84 Vt. 441, 34 L. R. A. (N. S.) 286, 79 Atl. 857, upholding statute making it an offense for owners of mills to deposit refuse in stream.

Distinguished in St. Louis etc. R. Co. v. Hadley, 168 Fed. 347, holding Missouri two-cent fare law is void as confiscatory; Globe Elevator Co. v. Andrew, 144 Fed. 879, holding void Laws Wis. 1905, c. 19, p. 37, requiring all grain shipped through or stored at Superior to be of certain grade; Kibbe v. Stevenson etc. Co., 136 Fed. 149, 69 C. C. A. 145, State court decision that fellow-servant law applies to mining corporation operating short railroad to mine ore violates Federal Constitution.

Time and manner of raising and deciding questions in State conrt to obtain review in Federal Supreme Court. Note, 63 L. R. A. 38, 40, 42.

Constitutional questions raised by the Enactment Compulsory Workmen's Compensation Acts based upon State insurance funds, and Compensation Acts modeled after the British Act of 1906. Note, 10 N. C. C. A. 33, 43.

185 U. S. 213-223, 46 L. Ed. 878, 22 Sup. Ct. 629, UNITED STATES v. LEE YEN TAI.

Repeals by implication are not favored. A later treaty or a statute not expressly repealing an earlier statute on the same subject will be construed in harmony with it, if possible.

Approved in Johnson v. Browne, 205 U. S. 321, 10 Ann. Cas. 636, 51 L. Ed. 820, 27 Sup. Ct. 539, treaty of 1899 with Great Britain did not repeal sections 5272 and 5275, Revised Statutes; United Shoe Mach. Co. v. Duplessis Shoe Mach. Co., 155 Fed. 845, 84 C. C. A. 76, holding treaty provision relating to patents did not have effect to change term of existing patent as fixed by statute at time of issuance; Brooks v. Fitchburg etc. St. Ry. Co., 200 Mass. 17, 86 N. E. 292, construing later statute giving action for wrongful death in harmony with earlier statute; State v. Davis, 43 Wash. 121, 86 Pac. 203, considering effect of eight hour law on previous legislation.

XVIII-68

Act of Congress supersedes treaty.

Approved in Hijo v. United States, 194 U. S. 324, 48 L. Ed. 996, 24 Sup. Ct. 727, provisions of treaty with Spain, 1898, superseded right to action against United States under Tucker Act, March 3, 1887, for use by army of Spanish merchant vessel.

Act of 1882, section 12, was not repealed by Chinese treaty of 1894. Approved in Ah How v. United States, 193 U. S. 76, 48 L. Ed. 622, 24 Sup. Ct. 357, provision for Chinese registration made by act of November 3, 1893, not repealed by treaty of December 8, 1894, or act of April 29, 1902; Chin Bak Kan v. United States, 186 U. S. 198, 199, 46 L. Ed. 1125, 22 Sup. Ct. 893, 894, holding Chinese treaty of 1894 did not operate as repeal of treaty of 1882; Lee Lung v. Patterson, 186 U. S. 176, 46 L. Ed. 1111, 22 Sup. Ct. 798, holding Chinese treaty of 1894 did not abrogate provisions of treaty of 1888, relative to evidence required for admission of exempted Chinese; Toy Tong v. United States. 146 Fed. 344, 76 C. C. A. 62, Chinese unlawfully in United States may be deported after complaint filed by inspector and judgment without jury trial; In re Ong Lung, 125 Fed. 814, holding Chinese treaty of 1894 did not repeal provision of Exclusion Act of 1892, disallowing bail on application for writ of habeas corpus by Chinese.

185 U. S. 223-236, 46 L. Ed. 884, 22 Sup. Ct. 607, UNITED STATES v. BORCHERLING.

United States in its sovereign capacity has no particular place of domicile.

Approved in United States v. Tyndale, 116 Fed. 825, 54 C. C. A. 324, holding assets found on body floating on high seas may be administered on in any county in district.

United States does not hold moneys due creditor subject to claims of residents of District of Columbia.

Approved in Orinoco Iron Co. v. Metzel, 230 Fed. 46, holding courts of District of Columbia obtained no jurisdiction as against District Court of State, in bankruptcy, from fact that fund in question was in treasury of United States.

Distinguished in Roberts v. Consaul, 24 App. D. C. 561, where Congress has made an appropriation to pay finding of Court of Claims in favor of claimant, and nothing remains to be done but issuance of check by treasurer, the fund has a locality in District of Columbia, as between treasurer and claimant.

Award of Court of Claims of amount due claimant under act providing for relief of certain individuals is a property right, and payment to receiver protects treasurer of United States.

Approved in In re Ghazal, 163 Fed. 603, bankruptcy court cannot except moneys owing bankrupt as rewards by United States from operation of order restraining payments of debts to him.

1075

UNITED STATES v. FINNELL. 185 U. S. 236-254

Privileges accorded by comity to foreign receivers. Note, Ann. Cas. 1913D, 1298.

185 U. S. 236-254, 46 L. Ed. 890, 22 Sup. Ct. 633, UNITED STATES v. FINNELL.

District and Circuit Courts are always open for transaction of business, which may be transacted under order of judge, in his absence.

Approved in United States v. Marvin, 212 U. S. 277, 53 L. Ed. 511, 29 Sup. Ct. 297, clerks of Federal courts are entitled to per diem compensation for those days on which voluntary petitions in bankruptcy are referred to referee in absence of judge; Horn v. Pere Marquette R. Co., 151 Fed. 638, holding Federal judge had authority to make order at chambers, appointing receiver in pending cause.

Long-continued construction of ambiguous statute by practice of department charged with its execution will be followed by courts.

Approved in United States v. Somervell, 192 U. S. 601, 48 L. Ed. 583, 24 Sup. Ct. 850, reaffirming rule; Van Veen v. Graham County, 13 Ariz. 168, 169, 108 Pac. 253, and Copper Queen Consolidated Min. Co. v. Territorial Board of Equalization, 206 U. S. 479, 51 L. Ed. 1147, 27 Sup. Ct. 695, both holding re-enactment of statute in same words carries presumption that legislature approves construction it has received; United States v. Sweet, 189 U. S. 473, 47 L. Ed. 907, 23 Sup. Ct. 638, following settled practice of War Department denying officer discharged at his request traveling expenses to place of enrollment. allowed under Rev. Stats., § 1289, except in cases of discharge for punishment; United States v. Nix, 189 U. S. 203, 47 L. Ed. 777, 23 Sup. Ct. 497, allowing per diem fee of marshal for attending court where judge opened same for business, though none transacted; Utah Power etc. Co. v. United States, 230 Fed. 333, applying rule in construing act of 1898, relating to acquisition of rights of way over public lands by irrigation companies; Findlay v. United States, 225 Fed. 350, following practice of Treasury Department in construing statute; United States v. Military Const. Co., 204 Fed. 155, following practice of Treasury Department in construing Corporation Tax Act; United States v. Hemmer, 195 Fed. 806, following construction of Land Department as to laws relating to alienation of Indian homesteads; Burditt & Williams Co. v. United States, 153 Fed, 73, 82 C. C. A. 201, following construction of Treasury Department as to provisions of Tariff Aet; United, States v. McCabe, 129 Fed. 711, 64 C. C. A. 236, court criers and bailiffs appointed under Rev. Stats., § 715, and attending court under judge's order are entitled to per diem though court adjourned; United States v. National Surety Co., 122 Fed. 911, 59 C. C. A. 130, holding sureties on distiller's official bond are not relieved of liability by execution of warehousing bond to secure delay in paying tax; Copper Queen Consolidated Mining Co. v. Territorial Board of Equalization, 9 Ariz. 398, 84 Pac. 516, following construction placed on tax statutes by board of

78

equalization; United States v. Ingham, 38 App. D. C. 381, overruling construction placed by superintendent of insurance, on statute relating to licensing solicitors; Ballinger v. United States, 33 App. D. C. 308, following construction placed on provisions of "Timber and Stone Act" by Secretary of Interior; United States v. Macfarland, 28 App. D. C. 563, overruling construction placed by commissioners on statute providing for licensing of plumbers; People ex rel. Ruggles v. Buckley & Douglas Lumber Co., 164 Mich. 637, 130 N. W. 205, holding State having permitted lumber company to operate salt works for many years was estopped to deny its right to continue salt production; dissenting opinion in Bates & Guild Co. v. Payne, 194 U. S. 111, 48 L. Ed. 896, 24 Sup. Ct. 595, majority holding court will not interfere with Postmastergeneral's finding that publication is not periodical entitled to secondclass postage rate; dissenting opinion in Houghton v. Payne, 194 U. S. 102, 48 L. Ed. 892, 24 Sup. Ct. 590, majority holding complete books published regularly in consecutive numbers are not entitled to secondclass postage rate under act of March 3, 1879.

Distinguished in Houghton v. Payne, 194 U. S. 99, 48 L. Ed. 891, 24 Sup. Ct. 590, complete books published regularly in consecutive numbers are not entitled to second-class postage rates under act of March 3, .1879.

Effect given by courts to contemporaneous practical construction of unambiguous statute. Note, 10 Ann. Cas. 52.

185 U. S. 254-256, 46 L. Ed. 897, 22 Sup. Ct. 623, WASHINGTON v. NORTHERN SECURITIES CO.

Not cited.

185 U. S. 256-270, 46 L Ed. 898, 22 Sup. Ct. 640, UNITED STATES ▼. GREEN. CHRISTIE V. UNITED STATES.

Not cited.

185 U. S. 270-277, 46 L. Ed. 906, 22 Sup. Ct. 645, COVINGTON V. FIRST NAT. BANK OF COVINGTON.

Decree that does not intend to, and does not dispose of entire controversy made by pleadings is not appealable.

Approved in Van Syckel v. Arsuaga, 220 U. S. 602, 55 L. Ed. 603, 31 Sup. Ct. 716, following rule; Rexford v. Brunswick-Balke-Collender Co., 228 U. S. 346, 57 L. Ed. 867, 33 Sup. Ct. 515, decree of Circuit Court is not final appealable decree where it disposes of part only of issues, and retains case for further orders, and thereafter refers matter to special master to take remaining proof; Halfpenny v. Miller, 232 Fed. 115, applying rule in suit for settlement of partnership accounts.

Judgment is not final where court below reserved determination of right to enjoin tax.

1077

NOTES ON U. S. REPORTS.

185 U. S. 278-295 Approved in Montana Mining Co. v. St. Louis Min. & M. Co., 186 U. S. 32, 46 L. Ed. 1042, 22 Sup. Ct. 747, holding judgment reversing prior judgment but imposing limitation on extent of new trial awarded operates as a reversal; First Nat. Bank v. Covington, 129 Fed. 792, acceptance by bank of Hewitt Act of 1886 does not exempt it from liability for tax imposed on shares by act of Kentucky, March 21, 1900; Mercantile Trust Co. v. Chicago etc. Ry. Co., 123 Fed. 392, 60 C. C. A. 651, holding decree on intervening petition against receiver directing delivery of property or accounting therefor, referring same to master for compensation, is not final.

185 U. S. 278-281, 46 L. Ed. 909, 22 Sup. Ct. 648, UNITED STATES VAN DUZEE.

Fees allowed to public officers are matters of strict law.

Approved in County of Berkshire v. Cande, 222 Mass. 93, 109 N. E. 840, construing statute requiring clerks to pay over fees as applied to fees for naturalization.

185 U. S. 282–295, 46 L. Ed. 910, 22 Sup. Ct. 681, EXCELSIOR WOODEN PIPE CO. v. PACIFIC BRIDGE CO.

Where decree of Circuit Court and order allowing appeal both state bill dismissed for want of jurisdiction, no separate certificate is necessary on appeal to this court.

Approved in Herndon-Carter Co. v. James N. Norris, Son & Co., 224 U. S. 498, 499, 56 L. Ed. 858, 859, 32 Sup. Ct. 550, following rule; Davis v. Cleveland etc. Ry. Co., 217 U. S. 171, 18 Ann. Cas. 907, 27 L. R. A. (N. S.) 823, 54 L. Ed. 717, 30 Sup. Ct. 463, suing out writ of error from Circuit Court of Appeals to Circuit Court and its dismissal does not bar jurisdiction of Supreme Court to review judgment of Circuit Court on question of its jurisdiction as Federal court; In re Garrosi, 229 Fed. 366, refusing to restrain District Court from proceeding with bill on ground of lack of jurisdiction, when question of jurisdiction could in due course be presented on appeal; Morrisdale Coal Co. v. Pennsylvania R. Co., 183 Fed. 940, 106 C. C. A. 269, judgment dismissing suit for want of jurisdiction after trial by jury, held reviewable on writ of error by Circuit Court of Appeals.

Decree appealed from must show Federal question.

Approved in Remington v. Central Pac. R. R. Co., 198 U. S. 97, 49 L. Ed. 962, 25 Sup. Ct. 577, where cause removed to Circuit Court, Supreme Court will review judgment of dismissal on ground of lack of valid service of process on defendants; Crawford v. McCarthy, 148 Fed. 200, 78 C. C. A. 356, where demurrer on ground of lack of jurisdiction for lack of diverse citizenship or equity of bill is sustained for "lack of jurisdiction," appeal should be direct to Supreme Court.