Against tax or assessment. 5. Provision for a review and correction by the circuit court of a county, of an assessment for taxes made by the board of public works, affords such a convenient and adequate remedy for any error in the taxation as will preclude an injunction against collecting the tax. Pittsburgh, C. C. & St. L. R. Co. v. Board of Public Works, 354 6. The collection of taxes assessed under the authority of a state is not to be restrained by a writ of injunction from a court of the United States, unless it clearly appears, not only that the tax is illegal, but that the owner of the property taxed has no adequate remedy by the ordinary processes of the law, and that there are special circumstances bringing the case under some recognized head of equity jurisdiction. Id. 7. An injunction against a special assess ment which is illegal because it rests upon a basis that excludes any consideration of benefits should enjoin the whole assessment, without considering whether the amount is in excess of the special benefits to the property or not. Norwood v. Baker, 443 8. Payment or tender of the amount of benefits received from an improvement is not necessary in order to obtain an injunction against an illegal assessment which is based on a rule or system that has no reference to special benefits. Id. tary of the Treasury; and in the absence of such regulations the right cannot exist. 616 Dunlap v. United States, 2. The stamp tax imposed by the war revenue act of 1898 on sales at exchanges or boards of trade is not a direct tax which the Constitution requires to be levied by the rule of apportionment, since it is not a tax upon the business itself, or upon the property sold, or upon sales generally, but is in effect a duty or excise laid upon the privilege, opportunity, or facility offered at the board of trade or exchange. Nicol v. Ames, 786 3. The stamp tax on sales at exchanges or boards of trade, being uniform throughout the United States and upon all who avail themselves of the privileges or facilities offered at the exchanges, does not violate the constitutional rule of uniformity merely because sales elsewhere are not taxed and the tax is imposed on the seller only, and not the purchaser, and the tax is not imposed on the use of the privilege under all circumstances. Id. 4. Union stockyards which answer all the purposes of an exchange or board of trade for live-stock business are "similar" to boards of trade or exchanges, within the meaning of the provision of the war revenue law imposing stamp taxes on sales at such places. Id. INTERSTATE COMMERCE. See COMMERCE. INTERVENTION. The failure of an unsecured creditor to intervene at the first instant on a bill for the foreclosure of a railroad mortgage filed in the avowed interest of all creditors without taking any action to notify them or bring them into court, will not be a fatal delay or neglect which will prevent relief against a foreclosure by collusion to cut off unsecured creditors. Louisville Trust Co. v. Louisville, N. A. & C. R. Co. 1130 1230 INTOXICATING LIQUORS. BANKRUPTCY; BANKS, 2; EVIDENCE, 4; TRIAL, 6. INSPECTION. See COMMERCE, 2, 6, 7. INSURANCE. See CONSTITUTIONAL LAW, 15, 23. INTENDANT. See PRIVATE LAND CLAIMS, 6. INTEREST. See USURY. INTERNAL REVENUE. See also INDICTMENT, 3. See INDICTMENT, 3; INTERNAL REVENUE, 1. JUDGMENT. See also ACTION OR SUIT, 4; CRIMINAL 1. An application for an appeal never allowed or perfected will not prevent the judg. ment from being res judicata. Hubbell v. United States, 136 2. The dismissal of a case upon an opinion filed and certain findings of fact will be presumed to have been upon the merits, and to cover every question put of issue by the Id. pleadings. 1. Rebate or repayment of the tax paid by a manufacturer on alcohol used in the arts is authorized by the act of Congress of August 28, 1894, § 61, only when the alcohol is used 3. The dismissal of a suit for infringeunder regulations prescribed by the Secrement of a patent is a complete estoppel in 171, 172, 173, 174 U. S. 1256 7. A decision establishing the existence of an irrevocable contract of exemption or limitation of taxation for the term of the charter of a corporation is not res judicata as to such exemption after that charter is renewed. Third Nat. Bank v. Stone, 1035 Louisville v. Citizens' Nat. Bank, 1037 11. The jurisdiction of a state court is open to inquiry in a Federal court sitting in the same state, when the judgment of the state court comes under consideration therein. Cooper v. Newell, JUDICIAL NOTICE. See EVIDENCE, 1-6. JURISDICTION. 808 On Appeal, see APPEAL AND ERROR. MENT, 1. JURY. LIBEL. See also EVIDENCE, 17, 22; PRIZE, 6. of its general manager in writing a personal 1. A gas company is not liable for the act letter, which he copied into the official copybook in the company's office, and which was used as the basis of a libelous publication respecting the testimony of the former manager of the company as to the price of gas. Washington Gaslight Co. v. Lansden, 543 2. The writer of a letter which is used as the basis of a libel and is written for that purpose cannot escape liability therefor because of the fact that other matters, not contained in his letter, are included in the same article as published. LIENS. Id. See APPEAL AND ERROR, 32; CLAIMS, 2; LIMITATION OF ACTIONS. 1. The cumulative disability of an heir of a woman who died during coverture cannot arrest the running of the statute of limitations. Davis v. Coblens, 1147 2. A delay of nine years and four months is not fatal to a suit to annul a foreclosure on the ground of fraud, where the plaintiff is an ignorant colored woman, defrauded by one in whom she placed entire confidence, who assumed to act as her agent and pro See CONSTITUTIONAL LAW, 10, 27; fessed that the sale was in her interest, and JUSTICE OF THE PEACE. See APPEAL AND ERROR, 2; TRIAL, 2-4. LANDLORD AND TENANT. See also SET-OFF. 1. The mere payment of rent under a lease by a city of batture, which is subject to a suspensive condition, does not change the nature of the condition or work an estoppel. New Orleans v. Texas & P. R. Co. who obtained title for little more than a nominal sum by the false personation of a fictitious person, when he still controls and probably owns the property, the situation of which has not materially changed, and there has been no rapid rise in value or the intervention of the rights of any bona fide purchaser. McIntire v. Pryor, 606 LIS PENDENS. The pendency of a foreclosure suit in 178 a Federal court, in which the decree saves the rights secured by a prior mortgage, does not interfere with the negotiation of bonds 2. A lease by a city of batture to a railroad company in order to permit the exten The power to establish rules and regulations with respect to the Washington Market Company, incorporated by the act of Congress of May 20, 1870, is given by § 16 to the city government, and not to the market company. Washington Market Co. v. District of Columbia, MARSHAL. 478 1. Lines of a junior lode location may be laid within, upon, or across the surface of a valid senior location, for the purpose of defining for or securing to such junior location underground or extralateral rights not in conflict with any rights of the senior location. Del Monte Min. & M. Co. v. Last Chance Min. & M. Co. 72 2. The end lines of a lode mining claim under the act of 1866 must be straight, whether they need to be parallel or not. Walrath v. Champion Min. Co. 170 3. The end lines of a mining claim under the act of 1866 must be the end lines of all the veins found within the surface boundaries, which are given to the locator by the act of 1872. Id. 4. The only exception to the rule that the end lines of a location as the locator of a lode mining claim places them establish the limits beyond which he may not follow the vein on its course or strike is where it is developed that in fact the location has been placed, not along, but across, the course of the vein. In such case what he calls the side lines are to be deemed his end lines, and the so-called end lines are in fact side lines. Del Monte Min. & M. Co. v. Last Chance Min. & M. Co. 72 5. Every vein the top or apex of which lies inside the surface lines of a lode mining See APPEAL AND ERROR, 15; REWARD, 1, claim extended downward vertically belongs 3. Ex pacto illicito non oritur actio. McMullen v. Hoffman, 1117 4. Expressio unius est exclusio alterius. Walla Walla v. Walla Walla Water Co. 341 to the locator, and may be pursued by him to any depth beyond his vertical side lines, although in doing so he enters beneath the surface of some other proprietor. Id. 6. The right to follow a vein on the dip is limited by the end lines of the claim, in case of a patent under the act of 1866 as well as in case of a location under the act of 1872. Walrath v. Champion Min. Co. 170 7. The conditions upon which extralateral rights may be acquired by locators of mining claims having been prescribed by those conditions, or else be limited to the Congress, a party must bring himself within mineral beneath the surface of his territory. Del Monte Min. & M. Co. v. Last Chance Min. 72 & M. Co. 8. The right to follow a vein on its dip beyond the vertical side line of the location is not limited to cases in which the apex of the vein crosses both end lines,but extends to | NATIONAL BANKS. 87 See BANKS, 1-7; EQUITY, 2; TAXES, 8-12. See DUTIES, 8. 9. A compromise of a dispute as to a mining claim, whereby an action to deter- NATURAL GAS. mine the right thereto is dismissed, in consideration of an interest in the ground when thereafter patented by the applicant, is not invalid, in the absence of any statutory prohibition. St. Louis, M. & M. Co. v. Montana M. Co. MISSION. See PRIVATE LAND CLAIMS, 8. MONEY IN COURT. See APPEAL AND ERROR, 10. MOOT CASE. See APPEAL AND ERROR, 55. MORTGAGE. 320 See also EVIDENCE, 5; INTERVENTION. 1. A mortgage of domestic animals covers their increase, although it is silent as to them. Northwestern Nat. Bank v. Freeman, 307 2. A chattel mortgage of a given number of articles out of a larger number may be valid as against those who know the facts. Id. 3. The record of a chattel mortgage to other mortgagees is not notice to an assignee of a subsequent mortgage, but he is chargeable with notice of the record of a prior mortgage on the same property by the same mortgagor to his assignor. Id. See ATTORNEYS; CONSTITUTIONAL LAW, 10, 21; CONTRACTS, 1, 11-13; COURTS, 12, 14; EMINENT DOMAIN, 1; EQUITY, 4; ESTOPPEL; LANDLORD AND TENANT; LIS PENDENS; STATUTES, 1, 6; TAXES, 4, 6; TRIAL, 5; WATERS, 11, 12. MURDER. See also CRIMINAL LAW, 2. 1. A limitation of municipal indebtedness is not violated by a contract for a supply of water or gas at an annual rental, merely because the aggregate of the rentals during the life of the contract may exceed the limit of indebtedness. Walla Walla v. Walla Walla Water Co. 341 NAVIGABLE WATER. See WATERS. NAVIGATION. See DAMAGES, 5; DAMS; EVIDENCE, 6. Habeas corpus; power of Federal courts to issue; in what cases; when discharge granted; review of decisions; contempt proceedings. Highways. See STREET RAILWAYS. Municipal corporations; power to impose restraints or conditions upon street railways. Street railways; right of, in the streets; grant to, by municipal corporations; power of such corporations to impose restraints or conditions upon street railways; consents by abutting owners; forfeiture of rights. Umpire. See ARBITRATION. NOTICE. 118 67 See CONSTITUTIONAL LAW, 24, 30; INDIANS, 2; TAXES, 17. 2. A statute requiring a municipality to pay claims which a special tribunal finds to be equitably due and based on a moral obligation is within the general legislative power of a territory which, by an act of OLEOMARGARINE. See PUBLIC LANDS, 5. Congress, extends to all rightful subjects of See COMMERCE, 3, 5, 8; FOOD. legislation not inconsistent with the Constitution and laws of the United States. Guthrie Nat. Bank v. Guthrie, PREFERENCES. See EVIDENCE, 7-11, 19; PUBLIC LANDS, 4. The Hoffman patent, 450,124, for a supporting rack or shelf for books, composed of metallic strips with a re-entrant bend or PRESUMPTIONS. recess in its front edge for the insertion of the hand, with rollers projecting above and in front of each side or recess,-is invalid for lack of invention, as every element of the combination described is found performing the same function in some one or more of the prior devices. Office Specialty Mfg. Co. v. Fenton Metallic Mfg. Co. PENALTIES. See RAILROADS. PLEADING. 1058 See also APPEAL AND ERROR, 70; EVI- 1. A cross bill is properly allowed to be filed for the return of property delivered under an illegal lease, where the complainant has alleged an election to terminate the lease, and also alleged its invalidity and offered to do what the court should decree to be just. Pullman's Palace Car Co. v. Central Transp. Co. 108 2. An averment that the establishment by a city of competing waterworks would injure the value of the property of a water company, and deprive it of rentals which the city had agreed to pay, need not specifically state how such damage would be done. Walla Walla v. Walla Walla Water Co. 341 PRINCIPAL AND AGENT. See also CORPORATIONS, 2, 3; LIBEL, 1; One who acquires title through an agent is chargeable with the latter's fraud in the transaction. McIntire v. Pryor, 606 PRIVATE LAND CLAIMS. See also EVIDENCE, 11. 1. In an investigation of a Mexican land title, the court of private land claims is not limited to the dry, technical rules of a court of law, but may inquire and establish that which equitably was the land granted by the government of Mexico. Ely v. United States, 142 2. A Mexican grant should not be sustained by the court of private land claims for more than the amount purchased, petitioned, and paid for, when all the proceedings contemplate a sale of that quantity only. United States v. Maish, 150 3. Sustaining the validity of a Mexican grant to the extent of the land paid for is but carrying out the spirit of the treaty, the obligations of international justice, and the duties imposed by the act creating the court of private land claims, where the grant was of a specified quantity of land, in a certain place, at a certain price per sitio. Ely v. United States, 142 163 Camou v. United States, 246 4. The mere fact that a Mexican land grant is narrower than the limits of the outboundaries does not prevent the court of private land claims, through the aid of a commissioner, surveyor, or master, from determining exactly what did equitably pass under the grant. Ely v. United States, 2. A secret equity in securities pledged by a person who had been empowered to do so by a corporation cannot be set up by it as against the pledgee. POLICE POWER. See COMMERCE, 14. POSTOFFICE. Id. See also BANKS, 9; INDICTMENT, 2. The fact that a letter stolen from the mails was a decoy addressed to a fictitious person is not a defense to an indictment under U. S. Rev. Stat. § 5467, when the letter had been delivered into the jurisdiction of 142 6. The power of an intendant to convey public lands was recognized by the govern |