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DISTRICT OF COLUMBIA.

See also BOUNDARIES, 2; CONTRACTS, 4;
COURTS, 23; MARKETS; WATERS, 7.

The governor, either with or without the sanction of the board of public works of the District of Columbia, had no authority under the organic act of February 21, 1871, to incur a pecuniary liability with respect to the improvement of market grounds, the erection of market buildings, and the operation of the market, which were within the province of the legislative assembly. Washington Market Co. v. District of Columbia, 478

DIVIDENDS.

See BANKS, 2-4, 7; CORPORATIONS, 4; EQUITY, 2.

DOCK.

See CONTRACTS, 5.

DRAWBACK.

See DUTIES, 3.

DUE PROCESS OF LAW.

See CONSTITUTIONAL LAW, 18-32. DUTIES.

See also INDICTMENT, 4.

1. Duties imposed under the tariff act of July 24, 1897, ¶ 387, sched. D, imposing specific duties of various amounts, but providing that in no case shall the goods pay less than 50 per cent ad valorem, are "regulated in any manner by the value thereof," within the meaning of the provision imposing additional duties for any excess of the appraised value over the value declared in the entry. Hoeninghaus v. United States,

576

2. The additional duty of 1 per cent of the total appraised value of merchandise for each 1 per centum that such appraised value exceeds the value declared in the entry accrues under the act of June 10, 1890, § 7, as amended by the act of July 24, 1897, § 32, where there is such an excess of value in case of goods on which the duties are in any manner regulated by the value, although, as actually assessed, the duties are specified and the importers have not benefited by the undervaluation. Id.

3. Boxes made in the United States from shooks imported from Canada are not wholly manufactured in the United States, so as to give a right to a drawback under the United Štates treasury regulations of 1884, art. 966, when all that is done in this country is to manufacture the nails and nail the box shooks together, and incidentally trim off any projections in case the boards had not been cut exactly of the right length, and the cost of the labor in the United States represents only one tenth of the value of the boxes. Tide Water Oil Co. v. United States, 139 4. No separate drawback for nails used in the manufacture of boxes can be claimed under the United States treasury regulations of 1884, art. 966, on the ground that the nails were manufactured in the United States, when no drawback can be had on the boxes. Id.

5. Sawed boards and plank planed on one side, tongued and grooved, are to be classified as dressed lumber and admitted free of

duty under 676 of the tariff act of August 28, 1894, and are not dutiable under ¶ 181 as States v. Dudley,

furniture or manufactures of wood. United 1129

6. The separation of American-made bags, which are free from duty, from foreignmade bags imported in the same bales, should be made by the importer if he wishes to obtain the exemptions on the former, and he cannot require the separation to be made by the government. United States v. Ranlett,

393

7. The prima facie showing that bags imported are of American manufacture is overturned when it appears that foreign bags in large numbers are included in the same bales with those of American måke. Id.

8. Natural gas imported for use as fuel and for illuminating purposes is free from duty under 496 (p. 604) of the tariff act of October 1, 1890, as crude bitumen, or under 651 (p. 607) as crude mineral. United States v. Buffalo Natural Gas Fuel Co. 469

9. The word "diamonds," followed by a semicolon, at the head of 467 in the free list of the tariff act of 1894, does not put all diamonds on the free list, but that word is plainly designed as a heading, and the semicolon following it should be read as though a colon. Keck v. United States, Appraisement.

505

10. An appraisement is not invalid as against the importer because the examina

tion was not made in accordance with U. S. benefit of the government. United States v. Rev. Stat. § 2901, which is intended for the Ranlett,

393

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the obligation to make entry and pay the by a court of equity as having been made. duties arises. Id. Morris v. United States,

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See also CONSTITUTIONAL LAW, 18;
PUBLIC IMPROVEMENTS, 1, 2.

1. The taxation by a city, of a bridge and its appurtenances within the fixed boundary between low-water mark on the two sides of the Ohio river, is not a taking of private property for public use without just compensation in violation of the Constitution of the United States, merely because that part of the bridge which is over the river is not as much or as distinctly benefited by the police protection afforded by the city as the part which is above low-water mark. Henderson Bridge Co. v. Henderson,

823

946

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See also APPEAL AND ERROR, 66; CONSTITUTIONAL LAW, 13; CRIMINAL LAW, 1; TRIAL, 6; WITNESSES. Judicial notice.

not a document of which the Supreme Court of the United States can take judicial notice on writ of error to the state court. First Nat. Bank v. Chapman, 669

2. Owners of expensive wharves and warehouses erected and maintained under ex- i 1. The report of the auditor of a state is press or implied licenses from city authorities on the water front along the Potomac river in Washington, D. C., are not to be treated as trespassers in taking the premises for a government improvement, but are entitled to compensation for the value of their private interests in the structures. Morris v. United States, 946

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EQUITY.

THE

See also CLOUD ON TITLE; COURTS, 1;
INJUNCTION; USURY, 1, 2.

1. A court of equity will not release an individual from the operation of the statute of frauds, which requires that interest in lands be created by an instrument in writing, and impose an equitable lien upon land in favor of one who makes improvements thereon, knowing that the title is in another, -especially where the money is expended under an express understanding with reference thereto, had with the owner, but will leave the party to the remedies, if any, which a court of law provides. Washington Market Co. v. District of Columbia, 478 2. A controversy as to the basis on which dividends should be declared by a receiver of a national bank is within the jurisdiction of equity as the administration of a trust. Merrill v. National Bank,

640

2. Judicial notice may be taken of the common and ordinary way of doing business in exchanges or boards of trade throughout the country. Nichol v. Ames,

786

3. Judicial notice may be taken of the fact that semicircular hand holds or recesses in the front of book shelves have been long in familiar use. Office Specialty Mig. Co. v. Fenton Metallic Mfg. Co. 1058

that banks and other corporations continue 4. It is a matter of common knowledge in many instances to do their regular and ordinary business for long periods though in a condition of actual insolvency as disclosed by subsequent events. McDonald v. Chemical Nat. Bank, 1106

5. It is a fact of common knowledge that foreclosures of railroad mortgages ordinarily mean, not the destruction of all interest of the mortgagor and a transfer to the mort gagee alone of the full title, but that such proceedings are carried on in the interests of all parties who have any rights in the mortgaged property whether as mortgagee, creditor, or mortgagor. Louisville Trust Co. v. Louisville, N. A. & C. R. Co.

1130

6. Judicial notice of the point at which the navigability of the river ceases cannot be taken unless that is a matter of general knowledge or one that ought to be generally known. United States v. Rio Grande Dam 1136

3. A conveyance from trustees which ought to have been made will be considered & I. Co.

Presumptions and burden of proof.

7. The presumption of the innocence of an accused attends him throughout the trial and has relation to every fact that must be established in order to prove his guilt beyond reasonable doubt. Kirby v. United States, 890

8. The burden of proving undue influence in a gift from an aged woman to daughters with whom she lives alternately rests upon the person alleging it. Towson v. Moore, 597

9. A presumptive grant of the right to wharves and water fronts does not arise by long-continued use of them, when the lands and water fronts are owned by the government, in trust for public purposes, and are withheld from sale by the Land Department, without any renunciation of the exercise of jurisdiction and control over them. Morris v. United States, 946

10. It cannot be assumed that an officer will neglect to discharge a duty expressly impressed upon him by law, or that courts are without power to compel him to act, where this is necessary for the protection of the rights of an individual. King v. Mullins, 214

11. Authority of Mexican officials to make a grant cannot be presumed because they made it, for the purpose of determining the validity of the grant, under the act of Congress which provides for confirmation of grants only when made by persons vested with authority, or when subsequently ratified. Ely v. United States, 142

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17. Evidence of the wealth of one of the defendants in a libel case, offered as bearing on the allowance of exemplary damages, is inadmissible, as the verdict must be against all the defendants and may be collected from any of them. Washington Gaslight Co. v. 543 Lansden,

18. Testimony of persons named by an accused as his enemies, that they have no ill will against him, is not collateral to the main issue, or a contradiction of what the prosecution has brought out, where the accused on his direct examination said enemies had placed in his pocket stolen money that was found there, and their names were brought out on cross-examination. Scott v. United States, Sufficiency.

471

19. The presumption against a vessel which is seized for attempting to enter a blockaded port which arises from the concealment and destruction of bills of health naming that port as the destination of the vessel is not conclusive where there is evidence that the concealment was due to forgetfulness and the destruction was made on the supposition that the papers were worthless. The Olinde Rodrigues,

1065

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See APPEAL AND ERROR, 31; CLAIMS, 1. EXEMPTION.

See CONFLICT OF LAWS, 2. EXPLOSION.

See SHIPPING, 2, 3.

EX POST FACTO LAWS.
See CONSTITUTIONAL LAW, 4.

EXTRADITION.

The right of a person extradited under the treaty of 1890 with Great Britain to have a reasonable time to return to his own country after his discharge from custody or imprisonment on account of the offense for which he is extradited, before he can be arrested for any other offense committed prior to his extradition, is not lost or waived by going to his own country and voluntarily returning while at liberty on bail before his final discharge in the case for which he was extradited. Cosgrove v. Winney, 897

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1. Jurisdiction in garnishment of a debt due to a nonresident creditor may be acquired without service on him except by publication so as to make a judgment against him valid and entitle it to full faith and credit in other states. Chicago, R. I. & P. R. Co. v. Sturm, 1144

2. The appointment of a garnishee as receiver, with the consent of all parties then in the case, before the expiration of the time for taking issue on his answer, precludes the necessity of traversing the statements in his answer, which allege his individual right to the possession of the property. Central Loan See APPEAL AND ERROR, II. c; COURTS, & T. Co. v. Campbell Commission Co.

FEDERAL QUESTION.

14, 15.

FIELD.

Mr. Justice, death of

FIRE.

623

3. The failure to traverse the answer of a garnishee, which, by Okla. Stat. 1893, § 12304085, makes it conclusive of the truth of the fact therein stated, does not make it con

See CARRIERS, 2; CONSTITUTIONAL LAW, clusive as to statements made by an inter

13; RAILROADS.

FISHERIES.

See SEAL FISHERIES.

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FUR SEALS.

See SEAL FISHERIES.

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plea, wholly independent and distinct from the garnishment, setting up his individual right to the possession of the property. Id.

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GUARDIAN AND WARD.

See also CONTRACTS, 5; CORPORATIONS, 5; COURTS, 1.

The mere investment of the Confederate funds or currency of a ward in bonds of the Confederate states by a guardian, when both were residents within the Confederate lines, should be deemed a transaction in the ordinary course of civil society, and not illegal as a transaction to aid in the destruction of the government of the Union. Baldy v. Hunter, 208

HABEAS CORPUS.

See also APPEAL AND ERROR, 9, 34.

1. A conviction cannot be reviewed by

habeas corpus on the ground that the judge before whom the trial was had had no right to exercise the judicial functions, where he was acting with color of authority. Ex parte Ward,

the act of Congress of March 3, 1891, for allowance of the claims of Pottawatomie Indians for depredations committed "by others" upon their property. United States 765 v. Navarre, 620

2. Federal courts will not interfere by habeas corpus with the trial of indictments found in state courts, on the ground that the state statutes are repugnant to the Federal Constitution, laws, or treaties, unless there are exceptional or extraordinary circumstances to require it. Fitts v. McGhee, 535 3. The refusal to permit counsel engaged by a prisoner to have a consultation with him before the district attorney had seen him and examined him is not ground for attacking a conviction by habeas corpus, when the prisoner waived examination before a commissioner, and was represented on the trial by counsel assigned to him at his own request, and the statement made by him to the district attorney was voluntary and was not put in evidence, and no objections were raised to questions asked him on the stand as to what he said on that occasion, and no witnesses were called to contradict his answers. Andersen v. Treat, 351

HARTER ACT.

See DAMAGES, 5; SHIPPING. HEIRS.

See CLAIMS, 2.

HERSCHELL.

Baron, death of

HEWITT АСТ.

See CONTRACTS, 3.

HIGHWAYS.

2. The record of a deed from an Indian

without the approval of the President, which is necessary for a valid conveyance, constitutes notice of the title to subsequent purchasers, under the Illinois conveyancing act, § 30, making an unrecorded deed void as to creditors and subsequent purchasers. Lomax v. Pickering, 601 INDICTMENT.

See also APPEAL AND ERROR, 72.

1. An indictment for receiving stolen property need not state from whom defendant received it, or that the name of such person is unknown to the grand jurors. Kirby v. United States,

890

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3. An indictment in the language of U. S. Rev. Stat. § 3296, charging the concealment of distilled spirits on which the tax had 1230 not been paid, which had been removed to a place other than the distillery warehouse provided by law, is sufficiently certain and sufficiently alleges the existence of a warehouse provided for such spirits. Pounds v. United States,

See also CONSTITUTIONAL LAW, 20, 21, 30; PUBLIC IMPROVEMENTS, 2; STREET RAILWAYS.

Easements in the public streets, given in perpetuity and in monopoly, must have for their authority explicit permission, or if inferred from other powers, it is not enough that the authority is convenient to them, but it must be indispensable to them. Detroit Citizens' Street R. Co. v. Detroit R. Co. 67

HOMESTEAD.

See PUBLIC LANDS, 5.

HOMICIDE.

See CRIMINAL LAW, 2.

ILLEGITIMACY.

See DESCENT AND DISTRIBUTION.

IMPORTS.

See DUTIES.

INCREASE.

See MORTGAGE, 1.

INDIAN DEPREDATIONS.

62

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See also CLAIMS, 7-10; EVIDENCE, 16; White v. Butler,
INDIANS, 1.

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199 204

3. The discretion of the executive department in respect to assigning one person to work in place of another, even if this does not constitute a removal of the latter from office, will not be interfered with by a court of equity. White v. Berry,

199

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