is found within the jurisdiction, is not denied by the organic act of Oklahoma territory, providing that the court cannot acquire jurisdiction of the person of a defendant by constructive service by foreign attachment without its consent. Central Loan & T. Co. v. Campbell Commission Co. 623 2. An attachment issued before the issuance of a summons is void under Ariz. Rev. Stat. 1887, 40, as amended by the act of March 6, 1891, allowing attachment "at the time of issuing the summons or at any time afterward." Henrietta Min. & M. Co. v. Gardner, 637 3. The right to issue an attachment "at the commencement of the suit, or at any time during its progress," as given by Ariz. Rev. Stat. 1887, tit. 4, chap. 1, 42, is taken away by the provision of the act of March 6, 1891, authorizing attachment at the issuance of summons, or at any time afterward. Id. 4. A statute providing that an assignee for creditors shall pay the debts of those creditors who file releases of their claims against the assignor, and repay to him any surplus, is in substance and effect an insolvent law, which is operative as to property attached in another state only so far as the courts of that state choose to respect it. Se curity Trust Co. v. Dodd, 835 ATTORNEY GENERAL. ATTORNEYS. See also ACTION OR SUIT, 4. 1229 See also APPEAL AND ERROR, 25, 26; 1. A national bank which itself purchases notes that it holds as collateral security, when it has been directed to sell them to a third party, may be held liable for their value as for a conversion, even though it is not within the power of the bank to sell them as the owner's agent. First Nat. Bank v. Anderson, 558 2. A secured creditor of an insolvent national bank may prove and receive dividends upon the face of his claim as it stood at the time of the declaration of insolvency, without crediting either his collaterals or collections made therefrom after such declaration, subject always to the proviso that dividends must cease when from them and from collaterals realized the claim has been paid in full. Merrill v. National Bank, 640 3. The bankruptcy rule which requires the holder of collateral security to exhaust it and credit the proceeds on his claim, or else to surrender it, before he can prove his claim, is not adopted for national banks by U. S. Rev. Stat. § 5236, providing for a ratable dividend on claims proved or adjudi cated. Id. A deed of general assignment for cred- 9. The mailing of checks and remittances itors constitutes in itself an act of bankrupt- by a bank to another with which its account cy which per se authorizes an adjudication is constantly overdrawn, in accordance with of involuntary bankruptcy under § 3 of the a general understanding that the proceeds act of Congress of 1898 entirely irrespective of such remittances are not to be returned but to be credited on the account, constitutes | which it was made payable merely because a delivery to the bank to which they are sent whose property therein is not destroyed or impaired by an act of bankruptcy by the sender before the remittances are actually received. McDonald v. Chemical Nat. Bank, 1106 10. The taking possession of a bank by the Comptroller of the Currency does not prevent remittances then in course of transmission by mail to another bank in the regular course of business in pursuance of a general arrangement by which they are to be credited on a constantly overdrawn account, from constituting payments on the account. Id. 11. Payments made in the due course of business by a bank which is actually insolvent do not constitute invalid preferences if they were not made in contemplation or with a view to prefer one creditor over another. Id. 1. The mere fact that a person who negotiates securities is an officer of a corporation does not call for an inference that he is acting as such in that transaction. Hubbard v. Tod, 246 2. Usury between the parties to a contract, or defect of power of a corporation engaged in the transaction, will not prevent the purchaser of securities from being a holder in good faith as against another corporation which attempts to set up a secret equity. Id. 3. A bona fide holder of commercial paper is entitled to transfer to a third party all the rights with which he is vested, even if the indorsee is acquainted with defenses existing against the paper. Gunnison County v. E. H. Rollins & Sons, 689 4. Notice of the want of authority of the president of a bank to rediscount paper with another bank, or that the indorsement by the bank was merely for accommodation, is not shown by the fact that the indorsements of the bank were made by the president and not by the cashier, and that the indorsement of the president himself was made above that of the bank, where the paper was rediscounted in the usual course of business and was solicited by the cashier. Auten v. United States Nat. Bank, 920 5. An accommodation note is not shown to have been diverted from the use for which it was given by discounting it at a bank at the person who obtained it told the maker that he wanted it for the purpose of a building that he was putting up. Israel v. Gale, 1019 6. A bank which discounts an accommodation note cannot be said to have given no consideration for it because of a large overdraft of the account of the person from whom it is taken, where the overdraft is substantially covered by other credits and more than the amount of the accommodation note is subsequently paid out on the same account. id. BLOCKADE. See also EVIDENCE, 20; PRIZE, 4. 1. An effective blockade is one that is so effective as to make it dangerous in fact for vessels to attempt to enter the blockaded port. The Olinde Rodrigues, 1065 2. A single modern cruiser may be sufficient to blockade a port if it in fact renders it dangerous for other craft to enter the port. Id. 3. A vessel actually captured in attempting to enter a blockaded port after warning entered on her log by a cruiser of that port only a few days before cannot dispute the efficiency of the force to which she was subjected. ld. BOARDS OF TRADE. See EVIDENCE, 2; INTERNAL REVENUE, 2, 3. retary in the name and under the seal of the corporation and disclosing upon its face no want of authority, has the right to assume its validity if the corporation could by any action of its officers or stockholders or of both have authorized the execution and is CARRIERS. See also CONSPIRACY, 3-5; CONSTITU. 1. A railroad company does not cease to be a carrier and become a warehouseman by sue of the obligation. Louisville, N. A. & C. placing goods upon a wharf, with notice to R. Co. v. Louisville Trust Co. BOUNDARIES. 1081 1. The quantity named in a grant of lands may be of decisive weight where there is uncertainty in the specific description, and is necessarily so if the intention is plain to convey only so much and no more. Ely v. United States, 142 2. The holders of lots and squares abutting on the line of Water street in the city of Washington, D. C., are not entitled to riparian rights, as the intention, never de parted from since the first conception of the city, was to establish such a street along the water front for a common access thereto. Morris v. United States, 946 3. The failure to open a certain portion of Water street in Washington, D. C., gives the owner of an abutting lot no title to the water front. Id. BOUNTIES. 1. Bounties granted by a government are never pure donations, but are allowed either in consideration of services rendered or to be rendered, objects of public interests to be obtained, production or manufacture to be stimulated, or moral obligations to be recognized. Allen v. Smith, 741 2. The manufacturer of the sugar, as distinguished from the producer of the cane, is entitled to the bounty given by the act of Congress of August 28, 1894, to producers and manufacturers who had complied with the provisions of the bounty law of 1890, which had been repealed. Id. BRIDGES. See EMINENT DOMAIN, 1; TAXES, 4-7. BURDEN OF PROOF. See EVIDENCE, 7-11. CANALS. See also COURTS, 17; WATERS, 9, 10. a steamship company, which has not taken actual custody of them, to remove them as soon as possible. Texas & P. R. Co. v. Clayton, 725 2. A railroad company is liable for the loss by fire of goods placed by it on a wharf, with notice to a steamship company to remove them, where the latter had not yet taken actual custody of them, and the bill of lading provided that the loss should fall upon that carrier alone which had actual custody at the time of the loss. Id. 3. The power to fix maximum rates and charges for railroad transportation does not include the right to compel a discrimination in rates in favor of those who buy thousandmile tickets. Lake Shore & M. S. R. Co. v. Smith, 858 4. The voluntary sale of thousand-mile tickets good for a year from the time of their sale does not furnish a criterion for the measurement of legislative power to require the sale of thousand-mile tickets, or a standard by which to measure the reasonableness of Id. legislative action in that matter. 5. An opportunity to purchase a thousand-mile ticket for less than the standard rate is not a "convenience," within the rule that the legislature may make regulations of the business of carriers to provide for the safety, health, and convenience of the public. Id. 6. Reasonableness of a schedule of rates must be determined by the facts as they exist when it is sought to put such rates into operation. Smyth v. Ames, CARS. See TAXES, 1. CERTIFICATES. CHAMBERS. See APPEAL AND ERROR, 5. CHATTEL MORTGAGE. CHECKS. See BANKS, 9; CLAIMS, 5. Water power incidentally created by the erection and maintenance of a dam and canal for the purposes of navigation in Fox river, Wisconsin, which by legislation, both state and Federal, was dedicated to raising a fund to aid the enterprise, is subject to control and appropriation by the United States which owns and operates the public CIRCUIT COURT OF APPEALS. works, and not by the state of Wisconsin, within whose limits the river lies. Green Bay & M. Canal Co. v. ratten Paper Co. CANCELATION. See COURTS, 1; USURY, 2. CAPTURE. See PRIZE. See APPEAL AND ERROR, 18. 364 CITIES. 197 See MUNICIPAL CORPORATIONS. CITIZENS. See CONSTITUTIONAL LAW, 5-8; COURTS, 7-9. CITY ATTORNEY. See ATTORNEYS. CLAIMS. See also EVIDENCE, 16. 1. An act of Congress for the relief of the estate of a person referring to the court of claims a claim of his "legal representatives," makes the recovery on such claim assets of his estate and subject to his debts and liabilities. Briggs v. Walker, 243 2. An allowance to a claimant "or his heirs" by act of Congress, to reimburse him for moneys advanced as an accommodation to the government, does not entitle his heirs, as against his personal representatives, to the money in case of his subsequent death before its payment. Price v. Forrest, 749 3. An advance of prices during the term of the contract cannot be allowed to a claimant under an act of Congress providing for additional compensation to him for additional cost caused by changes or alterations required by the government, but declaring that no allowance for any advance in the price of labor or material snall be considered, unless such advance occurred during the prolonged term for completing the work, rendered necessary by delay resulting from the action of the government. United States v. Bliss, 463 quential damages to property not taken or destroyed merely because its value was diminished by the destruction of other property which was needed to transport it to market. Price v. United States, 1011 8. Property is not "damaged or destroyed" within the meaning of the act of Congress of March 3, 1885, respecting claims allowed by the Interior Department for Indian depredations, when its inherent, intrinsic value is in no manner disturbed, although its salable value is diminished in consequence of Indian depredations by the destruction of the owner's only means of transportation of it to market. Id. 4. The appointment by a state court of a A vacancy in the office of clerk of the receiver of a claim against the government circuit court of the United States, which and an order that the claimant assign the has been held by the same person who is same to the receiver, to be held subject to clerk of the circuit court of appeals for the the order of the court for the benefit of those same circuit at a salary of $3,000, is not entitled thereto, is not prohibited by U. S. created, ex proprio vigore, by the provision Rev. Stat. § 3477, restricting assignments of the act of Congress of July, 31, 1894, that of claims against the government. Price v. no person holding an office of which the Forrest, 749 salary amounts to $2,500 per annum shall 5. A claim against the United States for hold any other office, but the incumbent moneys carried to the credit of the payee may elect to retain office and resign the of a check drawn by a disbursing officer in other. United States v. Harsha, pursuance of U. S. Rev. Stat. § 306, for which, by 308, the proper officer of the CLOUD ON TITLE. treasury is required to give a warrant, does not accrue at the time the check is issued, or at the time when it may have been lost or destroyed, so that the statute of limitations (U. S. Rev. Stat. § 1069) will begin to run, but it will accrue only when the promise made by § 308 is broken,-as, by refusal of an application for a warrant. United States v. Wardwell, 360 6. The jurisdiction of the court of claims of a claim under the act of Congress of June 16, 1880, for repayment of the excess of $1.25 per acre when lands for which the double minimum price has been paid are found not to be within the limits of a railroad land grant, is not excluded by the provision of that statute for an application to the Secretary of the Treasury for a warrant, as that is not a special and exclusive remedy, but merely a right, for the denial of which the statute does not provide any remedy. Medbury v. United States, 779 7. The jurisdiction of the court of claims under the act of Congress of 1891 over claims for property taken or destroyed by Indians does not extend to an allowance of conse 556 1. A decree for the return of purchase money, or for costs, is not required in a suit is void, when its invalidity does not appear to determine title, on holding that a patent on its face, but is shown by extrinsic evidence. and the party claiming under it has not abandoned the controversy respecting the title. Morris v. United States, 946 2. The final determination of all the rights in question contemplated by the act of Congress of 1886, providing for the determination of interests in the Potomac river flats, should include the determination of the value of wharves or warehouses owned by licensees and standing on land belonging to the government. CODICIL. See WILLS. Id. COLLATERAL SECURITY. COLLISION. See DAMAGES, 5; SHIPPING, 5. 1. A state cannot absolutely prohibit the introduction within its borders of an article of commerce which is not adulterated, and which in its pure state is healthful, simply because such an article in the course of its manufacture may be adulterated by dishonest manufacturers 1or the purposes of fraud or illegal claims. Schollenberger v. Pennsylvania, 49 13. The business of agents in soliciting consignments of cattle to commission merchants in another state for sale is not interstate commerce. Id. Regulations. 2. The fact that inspection or analysis of the article imported is somewhat difficult and burdensome will not justify a state in totally excluding a pure and healthy food product. Id. 14. The power of the state by appropriate 3. A state statute prohibiting the sale of legislation to provide for the public convenoleomargarine as a substitute for butter, un-ience stands upon the same ground precisely less it is of a pink color, is unconstitutional with respect to its effect on commerce as its in respect to oleomargarine imported into power, by appropriate legislation, to protect the state, since it necessitates its adultera- the public health, the public morals, or the tion and amounts in law to a prohibition of public safety. Lake Shore & M. S. R. Co. v. its sale. Collins v. New Hampshire, 60 Ohio, Lawrence, Subjects of commerce. 4. What Congress taxes and recognizes as a proper subject of commerce cannot be totally excluded from any particular state simply because the state may choose to decide that for the purpose of preventing the importation of an impure or adulterated article, it will not permit the introduction of the pure and unadulterated article within its borders upon any terms whatever. Schollenberger v. Pennsylvania, 49 5. Oleomargarine, having been recognized by the act of Congress of 1886 as a proper subject of taxation and of traffic and expor tation and importation, must be deemed a proper subject of commerce. Id. Inspection. 6. Inspection laws are valid when they operate on a subject before it becomes an article of commerce, and also when, although operating on articles brought from one state into another, they provide for inspection in the exercise of that power of self-protection commonly called the police power. Patapsco Guano Co. v. North Carolina Bd. of Agri. 191 7. Interstate as well as foreign commerce is subject to a state inspection law. Id. Original packages. 8. An importer has the right to sell oleomargarine in original packages to consumers as well as to wholesale dealers, and the exercise of this right will not be prevented by the fact that the packages are suitable for retail trade. Schollenberger v. Pennsylvania, 49 9. An importer may sell original packages by an agent as well as personally. Id. What is interstate commerce. See also CONSPIRACY, 1. 10. The selling on commission of an article at its destination, which has been sent' 702 15. The reasonableness or unreasonableness of a state enactment is always an element in the general inquiry by the court whether such legislation encroaches upon national authority, or is to be deemed a legitimate exertion of the power of the state to protect the public interests or promote public convenience. Id. 18. Restrictions on sending prepaid telegrams or telephone messages, made by a bylaw of a live-stock exchange, when these restrictions are merely for the regulation of the business of the members, and not to affect the business of the telegraph company, are merce. Hopkins v. United States, not void as regulations of interstate com290 rier liable if it receives property to be trans19. A state statute making a common carferred from one place to another, for the negligence of other carriers in the transportation, is not invalid as to interstate transportation when it is construed to give the carrier the right to limit its liability to its own line provided the limitation is embodied di |