171 U. S. 30-47

Notes on U. S. Reports.


Distinguished in Patapsco Guano Co. v. North Carolina, 171 U. S. 358, 18 S. Ct. 867, upholding act providing for inspection of fertilizers; Wright v. State, 88 Md. 441, 443, 444, 445, 446, 41 Atl. 797, 798, 799, sustaining Maryland oleomargarine act, oleomargarine being made and sold within State; Rasch v. State, 89 Md. 760, 761, 43 Atl. 934, upholding prohibition of sale of oleomargarine.

Approved in Wright v. State, 88 Md. 439, 41 Atl. 796, description of traverser as of "A. county, in State of M.," is equivalent to averment of citizenship in M.

Commerce.-Right to sell imported goods does not depend on suitability of original package for retail trade, p. 24.

Approved in Austin v. State, 101 Tenn. 580, 70 Am. St. Rep. 713, 48 S. W. 310, where packs of cigarettes are packed in baskets. baskets, not packs, are original packages."


171 U. S. 30-34, 18 S. Ct. 768, COLLINS v. NEW HAMPSHIRE. Commerce.- State law requiring adulteration of imported articles interferes with interstate commerce; e. g., coloring oleomargarine, p. 33.

Approved in In re Brundage, 96 Fed. 967, 968, Minnesota antioleomargarine act (1889) is void wherein prohibiting sale in original packages.

Distinguished in Austin v. State, 101 Tenn. 569, 570, 70 Am. St. Rep. 706, 707, 48 S. W. 307, cigarettes not being legitimate articles of commerce, importation may be prohibited.

Statutes. Direct and necessary result of statute must be considered in passing on its validity, p. 34.

Approved in State v. Jackman, 69 N. H. 330, 41 Atl. 348, 42 L. R. A. 440, ordinance requiring owners or occupants to remove snow from sidewalks is invalid.

171 U. S. 35–38, 18 S. Ct. 729, POUNDS v. UNITED STATES.

Internal revenue.- Indictment charging time and place of concealment and removal of spirits, in language of § 3296, R. S., is sufficient, p. 38.

Criminal law.- Stated verdict agreed upon by counsel and returned before jury separated, is properly receivable, p. 38. Not cited.

171 U. S. 38-47, 18 S. Ct. 742, HARRISON v. MORTON. Supreme Court will not review State court decision unless Federal question was decided adversely to claimant, p. 47.

Supreme Court will not review State decision where Federal question was not necessarily involved, p. 47.

Reaffirmed in McQuade v. Trenton, 172 U. S. 640, 19 S. Ct. 294.



Notes on U. S. Reports.

171 U. S. 48-92

171 U. S. 48-55, 18 S. Ct. 732, DETROIT, ETC., RY. v. DETROIT RY.

Municipalities.- Under Michigan Constitution Detroit's power of streets was conferred by legislature and so limited, p. 51.

Municipalities.- Detroit had no power to grant exclusive privileges to occupy streets for railway purposes, p. 53.


Statutes.- Expression necessarily implied" means "inevitably implied," p. 54.

Municipality's powers must be construed with reference to public good, p. 55.

Monopolies.— Easements given in perpetuity to monopolies must be explicitly conferred or inferred as indispensable, p. 55.

Not cited.

171 U. S. 55-92, 18 S. Ct. 895, DEL MONTE MINING, ETC., CO. V. LAST CHANCE MIN., ETC., CO.

Mines. In absence of statute or contract, owner of surface owns mining rights perpendicularly underneath, p. 60.

Mines. Prior to passage of general mining law, district rules and customs governed, p. 62.

Mines. In absence of local custom court must follow statute regarding rights to veins, p. 67.

Mines. Party must comply with congressional conditions to acquire extra-lateral rights, p. 66.

Mines. No location creates rights superior to previous location, p. 74.

Mines.- Location need not correspond to permanent surveys, p. 75.

Mines. Under act of 1872 end lines must be parallel to bound underground extralateral rights, p. 84.

Mines. Lines of junior lode location may be laid within, upon or across surface of senior location to define consistent underground rights, p. 85.

Mines. Where main axis of junior location crosses senior location, side lines of latter are not end lines of former, p. 86.

Mines.-"End lines" are those crossed by vein, p. 87.
Mines. Surface location determines extent of rights below, p. 89.
Mines.- Vein may be pursued to any depth beyond side lines
by locator on whose claim apex lies, p. 89.

Mines. End lines limit pursuit of vein; if vein crosses claim side lines are end lines, p. 89.

Approved in Clark v. Fitzgerald, 171 U. S. 93, 18 S. Ct. 941, re affirming rules laid down in principal case; Walrath v. Champion





171 U. S. 92-108

Notes on U. S. Reports.


Min. Co., 171 U. S. 307, 18 S. Ct. 915, end lines of original veins shall be end lines of all veins found within surface boundaries.

Mines. If apex crosses one end and one side line, locator may follow dip beyond vertical side line, p. 86.

Miscellaneous.- Cited in Del Monte Min., etc., Co. v. Last Chance Min., etc., Co., 88 Fed. 986, memorandum decision.

171 U. S. 92-93, 18 S. Ct. 941, CLARK v. FITZGERALD.
Adjudged in conformity with preceding case, q. v.

171 U. S. 93-100, 18 S. Ct. 800, JOHNSON v. DREW.

Supreme Court will not review State court's ruling on question of State practice, p. 98.

Public lands.- Defendant in ejectment cannot effectually set up actual possession when patent issued, p. 99.

Public lands.- Land department's decisions upon questions of fact are final, in absence of fraud, p. 99.

Approved in Moore v. Cormode, 20 Wash. 314, 55 Pac. 219, departmental withdrawal from settlement, subsequently set aside, does not prevent acquisition of homestead before selection by railroad under grant withdrawing after selection.

Public lands.- Proceedings culminating in patent confer no title If contrary to acts of Congress, p. 100.

Public lands.- Congress can make no disposition of land after it has passed from United States, p. 100.

171 U. S. 101-108, 18 S. Ct. 805, TINSLEY v. ANDERSON. Federal courts will not, except in urgent cases, exercise jurisdiction to discharge State court's prisoner by habeas corpus, p. 105.

Approved in Markuson v. Boucher, 175 U. S. 186, 20 S. Ct. 77, and In re O'Brien, 95 Fed. 132, Federal court will not review State court's proceedings on habeas corpus where remedy in latter has not been exhausted.

Supreme Court will review State court's commitment for contempt in alleged violation of Constitution, p. 105.

Contempt. One committed for contempt, according to general State law, is not denied equal protection, p. 106.

Approved in McDonald v. Commonwealth, 173 Mass. 327, 73 Am. St. Rep. 294, 53 N. E. 874, upholding statute making convicted persons, who have been twice previously convicted, punishable as habitual criminals.

Habeas corpus will not release prisoner committed for contempt by court of competent jurisdiction, p. 106.

Contempt.- Officer of corporation, though claiming lien, is in contempt in refusing to deliver books and moneys to receiver, p. 106.


Notes on U. S. Reports.

171 U. S. 108-161

Federal courts will follow State courts' constructions of State statutes, p. 107.

Cited in Atchison, etc., R. R. v. Matthews, 174 U. S. 105, 19 S. Ct. 613, arguendo.

Contempt.- Jury trial is not necessary to due process of law on inquiry for contempt, p. 108.

Approved in Telegram, etc., Co. v. Commonwealth, 172 Mass. 298, 70 Am. St. Rep. 284, 52 N. E. 446, 44 L. R. A. 161, power to punish for contempt is inherent in courts.

171 U. S. 108-109, 18 S. Ct. 837, CENTRAL NATIONAL BANK ▼. STEVENS.

Appeal.- Motion to amend mandate in 169 U. S. 432, denied, p. 109.

Not cited.


Fish.- Per capita tax on seals killed in Pribyloff Islands was not subject to reduction with rental, where government limited number to be killed, p. 126.

Statutes. Repeals by implication are not favored, p. 130.

Fish.- Act of 1870, fixing annual seal catch on Pribyloff Islands, is not repealed by act apportioning catch, p. 130.

Fish.- Lessee of Pribyloff Islands is entitled to decrease in rental where limit of catch is reduced, p. 130.

Fish.- Government's power to limit seal catch is not affected by lease of Pribyloff Islands, p. 134.

Not cited.


Equity will not grant complainant leave to dismiss bill if de fendant would be prejudiced, p. 146.

Appeal.- Equity court's refusal to discontinue action is not reviewable unless discretion is abused, p. 146.

Contracts.- Right to recover property delivered under illegal contract is allowed, upon disaffirmance, if not contrary to public policy, p. 152.

Approved in Bowman v. Foster, etc., Hardware Co., 94 Fed. 597, receipt of loan by private corporation, becoming stockholder in building and loan association, estops it pleading ultra vires. Corporations.- Market price of stock of manufacturing corporation includes more than mere value of property owned, p. 154. Contracts.- Lessee, upon disaffirmance of void contract for lease, must return property or its value, p. 156.

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171 U. S. 161-202

Notes on U. S. Reports.


Approved in Sioux City R. R. v. Trust Co., 173 U. S. 112, 19 S. Ct. 346, Federal rule is that corporations cannot be estopped from asserting corporate act to be ultra vires; Louisville, etc., Ry. v. Louisville Trust Co., 174 U. S. 567, 19 S. Ct. 823, railroad's contract to guarantee bonds of another corporation is void; De La Vergne Co. v. German Sav. Inst., 175 U. S. 59, 20 S. Ct. 25, there can be no recovery upon ultra vires lease, although action may lie for use and occupation; Hartford Ins. Co. v. Chicago, etc., Ry., 175 U. S. 100, 20 S. Ct. 37, arguendo.

Contracts. Where void lease requires renewal and reconstruction of property court will assume value is same at time when contract is disaffirmed, p. 157.

Contracts.- Value of patents and assigned contracts expiring before disaffirmance will not be included in fixing amount due, p. 157. Corporations.- Contracts to last during existence of corporation, are not extended with life of corporation, p. 158.

Damages. Party damaged in business because of disaffirmance of void contract cannot recover from the other, p. 160.

Miscellaneous.- Columbus Constr. Co. v. Crane Co., 174 U. S. 602, 19 S. Ct. 722, dismissing error to Supreme Court, taken while case was pending in Circuit Court of Appeals.

171 U. S. 161-179, 18 S. Ct. 868, DISTRICT OF COLUMBIA v. BAILEY.

Arbitration, agreement for, involves power to contract, except if made under rule of court, p. 171.

District of Columbia has only such powers as are conferred by statute, p. 176.

Approved in State v. Lasher, 71 Conn. 546, 42 Atl. 638, 44 L. R. A. 200, election of officer by method not provided in charter is invalid. District of Columbia commissioners have not power to make a common-law submission of claim to arbitrators, p. 176.

171 U. S. 179-187, 18 S. Ct. 802, YOUNG v. AMY. Supreme Court cannot re-examine facts in reviewing cases from territories, only legal conclusions and rulings on evidence, p. 184. Followed in Simms v. Simms, 175 U. S. 169, 20 S. Ct. 61.

171 U. S. 187-202, 18 S. Ct. 831, THE IRRAWADDY. Shipping.- General average contribution cannot be claimed by one responsible through his representation for the danger incurred, p. 189.

Approved in The Chattahoochee, 173 U. S. 552, 554, 19 S. Ct. 496, where both vessels are in fault, it is proper to deduct half value of cargo from half value of sunken ship and limit recovery to difference; The Strathdon, 94 Fed. 207, 208, 211, cargo-owner


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