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 pub lic good, p. 55.

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

Not cited.

171 0. 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; 11 vein crosses claim side lines are end lines, p. 89.

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

VOL. XII – 67


171 U. S. 92–108

Notes on U. S. Reports.


Min. Co., 171 0. S. 307, 18 S. Ct. 915, end lines of original velds 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 0. 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, de partmental 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. 8t. Rep. 294, 53 N. E. 874, upholding statute making convicted per. sons, 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. 108-10

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. 8. 108-109, 18 8. Ct. 837, CENTRAL NATIONAL BANK V.

STEVENS. Appeal.- Motion to amend mandate in 169 0. 8. 432, denied, p. 109.

Not cited.

171 0. S. 110–137, 18 S. Ct. 817, NORTH AMERICAN COM

MERCIAL CO. V. UNITED STATES. 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 Pribylofr Islands, p. 134.

Not cited.

171 U. S. 138–161, 18 S. Ct. 808, PULLMAN'S PALACE-CAR CO.

V. CENTRAL TRANSPORTATION CO. 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 re viewable 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 corpora. tion 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.

171 U. S. 161–202

Notes on U. S. Reports.


Approved in Sioux City R. R. v. Trust Co., 173 U. 8. 112, 19 8. 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 be fore disaffirmance will not be included in ixing 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. 8. 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 balf value of sunken ship and limit recovery to difference; The Strathdon, 94 Fed. 207, 208, 211, cargo-owner 1061

Notes on U. S. Reports.

171 U. S. 203-241

may maintain action for contribution for loss of cargo, although carrier may not maintain similar action for ship's loss. Cited in Flint v. Christall, 88 Fed. 987, 56 U. S. App. 751, memorandum decision.

Shipping.– Harter act of 1893 explained, and held not to give shipowner right to general average contribution, where danger incurred through master's mismanagement, p. 192.

Approved in The Strathdon, 94 Fed. 212, Harter act gives shipowner no new right to sue cargo-owner for injury to ship caused by peril

171 U. 8. 203-210, 18 S. Ct. 828, HUBBELL V. UNITED STATES.

Judgment dismissing infringement suit on opinion and findings is presumably on merits, including patent's validity, p. 207.

Judgment dismissing infringement suit bars another suit upon a different theory of the case, p. 209.

Judgment is no less a bar because motion for new trial adversely decided, p. 209.

Judgment is not vacated by application for appeal never perfected, p. 210.

Not cited. 171 U. S. 210–219, 18 S. Ct. 837, TIDE-WATER OIL CO. v. UNITED

STATES. Customs.- Boxes made from imported shooks and steel-rods for nails are not wholly of home manufacture entitled to drawback on exportation, p. 215.

Approved in Allen v. Smith, 173 U. S. 399, 19 S. Ct. 450. manufacturer of sugar, not producer of cane, is entitled to bounty under act of 1895; United States v. Dudley, 174 U. S. 672, 673, 19 S. Ct. 801, 802, sa'

wed boards and plank, planed on one side and grooved, should be admitted as dressed lumber (Act of 1894); State v. American Sugar-Ref. Co., 51 La. Ann. 583, 25 So. 455, corporation purchasing manufactured sugar and melting, cleansing and re making same is not a manufacturer; State v. Wilbert's Sons Lumber, etc., Co., 51 La. Ann. 1237, 26 So. 112, corporation which, by labor and mechanical skill, makes salable articles from raw mate rial, is a manufacturer.

Customs.– Wire nails, home made from imported steel rods, though home manufactures, lose their identity when used in nailing boxes, p. 219.

171 U. S. 220–241, 18 S. Ct. 810, ELY v. UNITED STATES.

Courts are controlled by international and treaty obligations in passing on land titles in acquired territory, p. 224.

Public lands.— Title based on sale by intendente of Sonora in

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