1063

Notes on U. S. Reports.

171 U. S. 277-344

Public lands.- Squatter cannot maintain possession against government or grantees, p. 269.

Public lands.- Northern Pacific, building under act of 1864, ac quires superior title in its right of way, to land company settling townsite with intent to get patent, p. 270.

Distinguished in Jamestown, etc., R. R. v. Jones, 7 N. Dak. 630, 76 N. W. 230, right-of-way grant attaches on approval of profile, subject to prior entry, becoming absolute on abandonment thereof. Estoppel arises against landowner permitting railroad right of way and large expenditures thereon, p. 275.

Railroads.- Grant by Congress of 400 feet right-of-way is conclusive determination of necessity for that much, p. 275.

171 U. S. 277-291, 18 S. Ct. 855, CAMOU v. UNITED STATES. Public lands.- Lands sales by Mexican States in 1833 will be recognized by United States under Gadsden treaty, p. 287.

Approved in Perrin v. United States, 171 U. S. 292, 18 S. Ct. 861, following principal case.

Distinguished in United States v. Coe, 174 U. S. 579, 19 S. Ct. 881, after adoption of Mexican Constitution of 1836 no power remained in several States to make grants.

171 U. S. 292, 18 S. Ct. 861, PERRIN v. UNITED STATES.

Camou v. United States, 171 U. S. 277, followed, p. 292.

Cited in Camou v. United States, 171 U. S. 279, 18 S. Ct. 857.

171 U. S. 293-312, 18 S. Ct. 909, WALRATH v. CHAMPION MIN. CO.

Mine locator's right, under acts of 1866, 1872, to pursue vein is limited by vertical end planes, p. 306.

Mines.- End lines of vein located by act of 1866 are end lines of all later found within claim's surface boundaries, p. 308.

Mines. Coincidence of lines between mining claims does not make them side or end lines, p. 309.

Evidence.- Mine superintendent's admission as to boundary is beyond authority and does not estop principal, p. 311.

Approved in Butte, etc., Mining Co. v. Montana Ore, etc., Co., 21 Mont. 541, 55 Pac. 113, general manager of corporation is not presumed to have power to grant easement or license.

Mines. By act of 1866 end lines must be straight though not parallel, p. 311.

171 U. S. 312-344, 18 S. Ct. 875, NEW ORLEANS v. TEXAS, ETC., RY.

Contracts.- Condition precedent is one going to entire substance of contract and whole consideration, p. 334.

171 U. S. 345-378

Notes on U. S. Reports.

1064

Statutes.- Corporations do not take public grants and privileges by implication, p. 343.

Municipal ordinance, authorizing railroad lines through streets on condition of definite terminus, imposes condition precedent. p. 338.

Municipal ordinance, providing that railroad abandoning terminus established at certain points, forfeits right to extend on certain streets, creates resolutory condition, p. 338.

Estoppel.- Payment of rent, under lease containing suspensive condition, does not estop its assertion, p. 343.

Not cited.

171 U. S. 345-361, 18 S. Ct. 862, PATAPSCO GUANO CO. v. NORTH CAROLINA BOARD.

Statute repealing void law presumably is not intended to revive prior law, rendering last act open to same objection, p. 353.

Commerce.- Receipts under North Carolina fertilizer inspection law are not so excessive as to show them improper regulations, p. 354.

Commerce.- State inspection laws, applied before article is part of commerce, and afterwards as police regulation, are valid, p. 357. Commerce.- State inspection laws to prevent imposition and protect public health, etc., are valid, p. 357.

Approved in Michigan Tel. Co. v. Charlotte, 93 Fed. 14, permission to use post roads does not exempt telephone company from local police regulations.

Commerce. Prevention of deception in fertilizers is within: province of inspection law, p. 358.

171 U. S. 361-365, 18 S. Ct. 888, SMYTH v. AMES.

Carriers. Decree in Smyth v. Ames, 169 U. S. 466, modified sc as to permit reduction in rates on certain articles, p. 364. Carriers. Reasonableness of rates prescribed must be tested by facts existing when enforcement attempted, p. 365.

Not cited.

171 U. S. 366–378, 18 S. Ct. 917, WHITE v. BERRY.
Courts. Federal laws maintain the ancient distinction between
law and equity, though same court administers both, p. 376.
Officers.- Jurisdiction of appointment and removal of officers is
not in equity, but in law courts, executive, etc., p. 377.

Officers. Executive discretion in appointment and removal of officers cannot be controlled by equity court, p. 378.

ANN

1065

Notes on U. S. Reports.

171 U. S. 379-438

Officers.- Unlawful removal of gauger by executive cannot be restrained by Federal court in equity, p. 379.

Reaffirmed in White v. Butler, 171 U. S. 379, 18 S. Ct. 949.

171 U. S. 379, 18 S. Ct. 949, WHITE v. BUTLER. Adjudged in conformity with White v. Berry, supra.

Not cited.

171 U. S. 380-388, 18 S. Ct. 922, THOMPSON v. MISSOURI. Constitutional law.- Law admitting testimony of handwriting experts is not ex post facto, but mere change in procedure, p. 388. Not cited.

171 U. S. 388-404, 18 S. Ct. 890, BALDY v. HUNTER.

War.- Extent to which acts done in Confederate States will be upheld as lawful, discussed, pp. 392-401.

Guardian's investment of ward's funds in Confederate bonds, in good faith, was not unlawful, rendering him liable, p. 401.

Not cited.

171 U. S. 404-437, 18 S. Ct. 925, KING v. MULLINS.

Constitution.- West Virginia law requiring taxpayer to list property on penalty of tax sale after five years, giving notice of sale and opportunity to rdeem, is due process, pp. 429-436.

Approved in State v. Sponaugle, 45 W. Va. 422, 427, 431, 32 S. E. 286, 288, 289, 43 L. R. A. 731, 733, 735, and State v. Swann, 46 W. Va. 136, 33 S. E. 92, five years' failure to enter land and pay taxes makes forfeiture complete; dissenting opinion in Collins v. Pettitt, 124 N. C. 729, 32 S. E. 977, majority holding county purchasing land at tax sale is entitled merely to foreclosure of certificate. Cited in King v. Panther Lumber Co., 171 U. S. 438, 18 S. Ct. 573, and Staffords v. King, 90 Fed. 137, subsequent phase of same litigation.

Constitution.- Summary remedies may be due process in tax proceedings, even though not such in judicial cases, p. 429.

Taxation. State cannot get title for non-payment of taxes where due solely to its own agent's neglect to register, p. 434. Constitution.- Exemption of tracts less than 1,000 acres, from forfeiture for unpaid taxes, is not denial of equal protection to others, p. 435.

Ejectment plaintiff must recover on the strength of his own title, p. 437.

171 U. S. 437-438, 18 S. Ct. 573, KING v. PANTHER LUMBER CO.

King v. Mullins, 171 U. S. 404, followed, p. 438.

Not cited.

171 U. S. 441-466

Notes on U. S. Reports.

1066

171 U. S. 441-446, 19 S. Ct. 4, CALIFORNIA NATIONAL BANK V. THOMAS.

Courts.- Error will not lie where Federal question not raised till after State court's judgment, p. 446.

State court's judgment, based on variance in proof and release of joint tort-feasor, raises no Federal question, p. 446.

Not cited.

171 U. S. 447-449, 19 S. Ct. 6, CALIFORNIA NATIONAL BANK V. STATELER.

Courts. Error will not lie unless State court's order is a final order, p. 449.

Appeal.- Superior Court decree, fixing liabilities of parties, but referring case to master for judicial purpose, is not final, p. 449. Not cited.

171 U. S. 450-462, 19 S. Ct. 9, THE G. R. BOOTH.

Shipping.- Explosion of detonators in ship's hold, blowing out side, is proximate cause of damage by the inrushing sea water, p. 460.

Shipping. Damage by sea water, entering through hole due to explosion in hold, is not peril of the sea, p. 461.

Followed in The G. R. Booth, 62 U. S. App. 409 (see 91 Fed. 164), in accordance with Supreme Court's mandate.

Shipping.-Damage to cargo by explosion after voyage ended, is not due to accidents of navigation," p. 461.

171 U. S. 462-466, 19 S. Ct. 7, THE SILVIA.

Ship's seaworthiness is tested by her reasonable fitness to carry cargo undertaken, p. 464.

Approved in The Kate, 91 Fed. 680, to sail with three stanchions of afterhatch down and extra weight on fourth is bad loading under first section of Harter act; The Sandfield, 92 Fed. 666, 61 U. S. App. 391, fact that single rivet was below average strength does not constitute unseaworthiness.

Ship leaving port with glass porthole covers closed, and iron deadlights easily accessible, is not unseaworthy, within Harter act, p. 465.

Approved in Farr, etc., Mfg. Co. v. International Nav. Co., 94 Fed. 677, Harter act does not release owner from duty to make ship seaworthy at beginning of voyage.

Shipping. Foreign vessels carrying to or from United States are within Harter act, p. 465.

Approved in The Chattahoochee, 173 U. S. 551, 19 S. Ct. 495, Harter act is applicable to foreign, as well as domestic vessels.

1067

Notes on U. S. Reports.

171 U. S. 466-578

Shipping. Neglect to close iron covers of portholes is fault of navigation, not unseaworthiness, within Harter act, p. 466.

Approved in The Sandfield, 92 Fed. 667, 61 U. S. App. 393, neglect to open sluices emptying bilges during storm, is fault in manage ment; Farr, etc., Mfg. Co. v. International Nav. Co., 94 Fed. 680, a very similar case.

171 U. S. 466-474, 19 S. Ct. 1, BRIGGS v. WALKER.

Executor represents person of testator and is charged with resisting unfounded claims, p. 471.

Courts. Whether act of Congress for relief of estate of claimant, gives right to executor or next of kin, is Federal question, p. 471.

Executors.- Act for relief of estate of A., authorizes payment to his executor which becomes subject to his debts, p. 473.

Approved in Allen v. Smith, 173 U. S. 399, 19 S. Ct. 449, manufacturer of sugar, not producer of cane, is entitled to bounty granted by act of 1895; Price v. Forrest, 173 U. S. 429, 19 S. Ct. 441, claim against government should be paid to receiver, not to heirs of deceased claimant.

171 U. S. 474-504, 19 S. Ct. 14, HUBBARD v. TOD.

Supreme Court will, on certiorari, consider only petitioner's obJections to Circuit Court of Appeals' decree, p. 494.

Pledgee's failure to sustain purchase does not affect pledge where he was not put to election, p. 495.

Cited in Sioux City, etc., Ry. v. Manhattan Trust Co., 92 Fed. 431, subsequent phase, same litigation.

Pledge is discharged by voluntary surrender of possession, p. 498. Usury.- Equity will not relieve from usurious contract without tender of sum advanced, with interest, p. 501.

Corporations.-That person was officer of corporation does not raise inference that he so acted in negotiating securities, p. 499. Corporations.- Usury or ultra vires action is not notice of equities to purchaser in good faith, p. 503.

171 U. S. 505-578, 19 S. Ct. 25, UNITED STATES v. JOINT TRAFFIC ASSN.

Commerce.- Joint traffic association is unlawful and in restraint of trade where rates are fixed by original agreement or upon recommendation of board of managers, p. 562.

Tenn. -,

Approved in Bailey v. Association, 52 S. W. 855, 857, by-law providing that member working in competition with another shall pay schedule sum into association treasury is void. Distinguished in Post v. Southern Ry., 103 Tenn. 223, 52 S. W.