172 U. 8. 303-320 Notes on U. S. Reports. 1076 Approved in Loeb v. Trustees Columbia Tp., 91 Fed. 46, Fay v. Springfield, 94 Fed. 410, 413, 414, Sears v. Street Commissioners, 173 Mass. 352, 353, 53 N. E. 877, and Hutcheson v. Storrie, 92 Tex. 691, 692, 693, 71 Am. St. Rep. 887, 888, 889, 51 S. W. 849, 850, 45 L. R. A. 291, 292, annulling acts authorizing assessment of abutting property regardless of benefits. See note in 68 Am. St. Rep. 719. Distinguished in Cohen v. Alameda, 124 Cal. 506, 57 Pac. 377, where assessments were based on benefits; Sears v. Boston, 173 Mass. 76, 78, 79, 53 N. E. 138, 139, 140, 43 L. R. A. 836, 837, upholding act authorizing assessment for sprinkling certain streets, on abutting property; Allen v. Portland, 35 Or. 451, 58 Pac. 518, and Cook v. Portland, 35 Or. 385, 58 Pac. 354, where question was not seasonably raised or properly presented; Gleason v. Waukesha Co., 103 Wis. 237, 79 N. W. 253, upholding statute assessing cost of sewer, etc., connections on abutting owners. Injunction.- Equity may enjoin entire assessment levied, without regard to benefits, p. 290. Followed in Fay v. Springfield, 94 Fed. 414, and Hutcheson v. Storrie, 92 Tex. 698, 71 Am. St. Rep. 895, 51 S. W. 853, 45 L. R. A. 294. Taxation.- Rule requiring tender of amount legally due has no application where entire assessment is void, p. 293. 172 U. S. 303-314, 19 S. Ct. 212, WINSTON v. UNITED STATES. Homicide. Charge that act of 1895 did not authorize qualification of verdict by words "without capital punishment," unless mitigating circumstances were proved," is error, p. 313. Not cited. 172 U. S. 314-320, 19 S. Ct. 205, BELLINGHAM BAY, ETC., R. R. v. NEW WHATCOM. Courts.- Defense that reassessment operated to take property without due process, involves Federal question, p. 317. Taxation. Three days' publication of notice of reassessment affords due process to owner in possession, p. 318. Taxation.- Statute allowing ten days to file objection to assessment, affords due process, p. 319. Notice, duly authorized, will not be held ineffectual except in clear case, p. 318. Not cited. 172 U. S. 320, 19 S. Ct. 873, BELLINGHAM BAY IMPROVEMENT CO. v. NEW WHATCOM. Adjudged in conformity with preceding case. 1077 Notes on U. S. Reports. 172 U. S. 321-361 172 U. S. 321-326, 19 S. Ct. 216, UNITED STATES v. BLISS. United States.- Statute giving right to sue on outlawed claim must be strictly construed, p. 324. Judgment. Res judicata cannot be relied upon by party neither pleading nor proving what was decided, p. 326. Not cited. 172 U. S. 327-334, 19 S. Ct. 177, UNITED STATES v. INGRAM. Public lands.- Valid entries under desert-land act may be made within place limits of railroad grant, p. 328. Public lands.- Person abandoning valid entry cannot recover money paid government, p. 328. Not cited. 172 U. S. 334-338, 19 S. Ct. 207, CLARK v. KANSAS CITY. Appeal.- Judgment of Kansas Supreme Court, reversing order overruling demurrer, is not final, p. 338. Followed in Rogers v. Morgan, 173 U. S. 702, 19 S. Ct. 879. 172 U. S. 339-343, 19 S. Ct. 200, UNITED STATES v. BUFFALO NAT. GAS FUEL CO. Customs. Under act of October 1, 1890, natural gas is entitled to free entry, p. 339. Not cited. 172 U. S. 343-351, 19 S. Ct. 209, SCOTT v. UNITED STATES. Post-office.- Testimony of persons charged with having ill-will against accused, and putting marked coins in his pocket, is admissible, p. 347. Post-office.- Indictment for stealing letter may be founded on decoy letter, p. 349. Not cited. 172 U. S. 351-361, 19 S. Ct. 179, MISSOURI, ETC., TRUST CO. v. KRUMSEIG. Federal courts will follow State court's construction of State statute regarding usury, p. 355. Federal courts will follow State statute allowing cancellation of usurious contract without return of money paid, p. 358. Federal courts have nothing to do with policy of State legislation, p. 359. Followed in Hartford Ins. Co. v. Chicago, etc., Ry., 175 U. S. 100. 20 S. Ct. 37. Usury. Collateral contract which is mere devise to cover usury is void in Minnesota, p. 356. 172 U. S. 361-425 Notes on U. S. Reports. 1078 Approved in Union Sav. Bank v. Dottenheim, 107 Ga. 616, 34 S. E. 221, where interest for whole period was made payable with principal in installments. 172 U. S. 361-371, 19 S. Ct. 218, WASHINGTON MARKET CO. v. DISTRICT OF COLUMBIA. District of Columbia, and not Market Company, is empowered to make rules authorized by act of 1870, p. 367. District of Columbia.- Correspondence between city and market company created no easement in favor of latter, p. 370. Frauds, Statute of.- Equity will not relieve one having knowledge of facts, from operation of statute of frauds, p. 371. Not cited. 172 U. S. 372-383, 19 S. Ct. 222, SIMPSON v. UNITED STATES. United States, in designating "available" site for dry dock, under contract, does not warrant condition of soil, p. 380. Not cited. 172 U. S. 383-400, 19 S. Ct. 226, HOME FOR INCURABLES ▼. NOBLE. Wilis. Reasonably clear codicil will be given effect, although not so clear as clause of will affected, p. 390. Not cited. 172 U. S. 401-416, 19 S. Ct. 233, SONNENTHEIL v. CHRISTIAN MORLEIN BREWING CO. Assignment for creditors.- Jury determines whether trust deed was accepted by creditors, in suit to annul it, p. 406. Assignment for creditors.- Question of fraudulent knowledge on part of preferred creditors may be submitted to jury, p. 409. Courts. Suit against United States marshal, in official capacity, arises under United States laws, p. 404. Approved in Auten v. United States Nat. Bank, 174 U. S. 141, 19 S. Ct. 634, suit against national bank receiver. Supreme Court having jurisdiction on error over one defendant in Circuit Court of Appeals, cannot be deprived of it by joinder of another, p. 405. 172 U. S. 416-425, 19 S. Ct. 183, UTTER v. FRANKLIN. Territories.- Congress had power to validate issuance and refunding of municipal bonds authorized by Arizona legislature, p. 423. Approved in Central Baptist Church v. Manchester, 21 R. I. 361, 43 Atl. 846, upholding legislative validation of deed made to church society before incorporation; Simms v. Simms, 175 U. 8. 168, 20 S. Ct. 60, arguendo. 172 U. S. 425-434, 19 S. Ct. 202, CAPITAL NAT. BANK v. FIRST NATIONAL BANK. Supreme Court will not review State decision on ground broad enough to eliminate Federal question, p. 430. Followed in Capital Nat. Bank v. Coldwater Nat. Bank, 172 U. S. 434, 19 S. Ct. 873, Dewey v. Des Moines, 173 U. S. 199, 19 S. Ct. 381, and Allen v. Southern Pac. R. R., 173 U. S. 489, 19 S. Ct. 521. Courts. Federal question is raised too late if not until on application for rehearing, p. 431. Approved in Bausman v. Dixon, 173 U. S. 114, 19 S. Ct. 317, dismissing Federal receiver's writ of error to State Supreme Court; Citizens' Sav. Bank v. Owensboro, 173 U. S. 644, 19 S. Ct. 533, de clining to review questions not raised below. Distinguished in Gilbert v. McNulta, 96 Fed. 84, national bank receiver is suable in Federal court on contract made as such. Courts.- Motion for rehearing, on ground that judgment was contrary to law, raises no Federal question, p. 431. Courts. State judgment as to capacity in which national bank holds funds, raises no Federal question, p. 432. 172 U. S. 434, 19 S. Ct. 873, CAPITAL NATIONAL BANK v. COLDWATER NAT. BANK. Adjudged in conformity with preceding case, q. v. 172 U. S. 434-465, 19 S. Ct. 254, KECK v. UNITED STATES. Customs.- Indictment under § 3082, R. S., must disclose particulars of offense, p. 437. Customs.- Congress did not intend, in act of August, 1894, to put diamonds on free list, p. 438. Customs. Indictment under 2865, for smuggling diamonds, held sufficient, p. 438. Customs.- Mere acts of concealment on entering port do not constitute smuggling within § 2865, R. S., p. 445. Not cited. 172 U. S. 465-471, 19 S. Ct. 265, CHAPPELL CHEMICAL, ETC., CO. v. SULPHUR MINES CO. Supreme Court will not review State decision based on grounds broad enough to eliminate Federal question, p. 471. Not cited. 172 U. S. 472-533 Notes on U. S. Reports. 1080 172 U. S. 472-473, 19 S. Ct. 268, CHAPPELL CHEMICAL, ETC., CO. v. SULPHUR MINES CO. Courts.- State court's dismissal of appeal because not properly taken raises no Federal question, p. 473. Not cited. 172 U. S. 474 475, 19 S. Ct. 268, CHAPPELL CHEMICAL, ETC. CO. v. SULPHUR MINES CO. Constitution of Maryland does not discriminate against Baltimore in abridging right of jury trial, p. 475. Appellate court will not consider matters not presented in record, p. 475. Not cited. 172 U. S. 475-493, 19 S. Ct. 247, COLUMBIA WATER-POWER CO. v. COLUMBIA ELECTRIC, ETC., POWER CO. Courts. State court's decision that act did not impair obligation of plaintiff's contract raises Federal question, p. 489. Courts. When Supreme Court may review State decisions under § 709, R. S., stated, p. 488. Supreme Court will not decline jurisdiction because Federal question was not specially set up, if necessarily involved, p. 491. Distinguished in Telluride Power Co. v. Rio Grande, etc., Ry., 175 U. S. 647, 20 S. Ct. 248, declining to review questions of fact which might be basis of Federal question. State, having absolute right to specified horse power, may dispose of it as it sees fit, p. 491. Courts. Whether plaintiff in suit in State court has legal title, involves no Federal question, p. 492. Approved in Scudder v. Comptroller of New York, 175 U. S. 36, 20 S. Ct. 27, where Federal question was not raised below. 172 U. S. 493-515, 19 S. Ct. 238, PITTSBURGH, ETC., RY. v. LONG ISLAND LOAN, ETC., CO. Courts. Whether due effect was accorded foreclosure in Federal court, is Federal question, p. 507. Courts. State court gave due effect to Federal court's forclosure of second mortgage, in allowing holder of first mortgage bonds to enforce security, p. 515. Not cited. 172 U. S. 516-533, 19 S. Ct. 269, FITTS v. McGHEE. Federal court cannot restrain State officer from suing to enforce State statute, p. 529. Approved in Ball v. Rutland R. R., 93 Fed. 518, where railroad |