114 U. S. 269-340

Am St. Rep. 141, 41 Pac. 694, holding penal ordinance could only considered as an inseparable whole; State v. Indiana, etc., Min. C. 120 Ind. 579, 22 N. E. 779, 6 L. R. A. 582, and n., holding tate respecting sinking of wells, and transportation of gas, inrable, and wholly void; Logan v. Stogsdale, 123 Ind. 375, 24 E 136, 8 L. R. A. 60, and n., whole act, providing for establishet of highways, held void; State v. Thomas, 138 Mo. 100, 39 W. 482, collecting authorities, and holding repealing clause of act fell, as part of that act; State v. Stewart, 52 Neb. 250, 71 W. 1001, where two amendatory sections were held inseparable ndroid: Johnson v. State, 59 N. J. L. 539, 37 Atl. 950, 38 L. R. A. entire act, establishing new cour in place of old, held void; mey-General v. Dover, 62 N. J. L. 50, 40 Atl. 643, 644, holding e act for government of towns and cities, fell with void pro: State v. O'Connor, 5 N. Dak. 632, 67 N. W. 826, act in violaof commerce clause held invalid also as to residents; Robertson Creston, 97 Va. 301, 33 S. E. 619, holding act invalid, so far as it

to persons without limits of town; dissenting opinion in 7. Gerhardt, 145 Ind. 490, 44 N. E. 485, 33 L. R. A. 330, majority section of liquor statute separable, and one proviso valid. abiter in The Katie, 40 Fed. 482, 7 L. R. A. 58, and n., and T. Columbus Const. Co., 49 N. J. Eq. 42, 23 Atl. 492. See St. Rep. 505, note.

8 307-308, 29 L. 198, WHITE v. GREENHOW.

1-Circuit Court has jurisdiction of case arising under Constitution, regardless of citizenship of parties, where a controversy exceeds $500, p. 308.

d in Barry v. Edmunds, 116 U. S. 559, 29 L. 732, 6 S. Ct. ing validity of Virginia coupons; Crystal Springs Land, Los Angeles, 76 Fed. 154, taking jurisdiction in case of taken without due process of law; Cox v. Gilmer, 88 Fed. party alleged imprisonment under statute, void as deof liberty without due process of law; dissenting opinus Falls v. Fergus Falls Water Co., 72 Fed. 877, 878, 2 480, majority holding Circuit Court had no jurisdicCon on contract, obligation of which was alleged to be Tennessee v. Union, etc., Bank, 152 U. S. 472, 38 L. 518, 5. arguendo, in dissenting opinion.

al law. Poindexter v. Greenhow followed, p. 308. ed in McGahey v. Virginia, 135 U. S. 676, 34 L. 309, bolding Virginia coupons not receivable for special quor license.

10, 29 L 199, CHAFFIN v. TAYLOR.

Poindexter v. Greenhow followed, pp. 809,

Distinguished in McGahey v. Virginia, 135 U. S. 676, 34 L. 309, 10 S. Ct. 977, where Virginia coupons were held not receivable in payment of school tax or liquor license; Belknap v. Schild, 161 U. S. 21, 40 L. 603, 16 S. Ct. 446, holding government officer could not be restrained by injunction from Infringing patent.

114 U. S. 311-317, 29 L. 200, ALLEN v. BALTIMORE, ETC., R. R. Constitutional law. Decided in accordance with Poindexter v. Greenhow, p. 314.

Reaffirmed in Virginia Coupon Cases, 25 Fed. 660. Approved in Tindal v. Wesley, 167 U. S. 220, 42 L. 142, 17 S. Ct. 776, holding suit to which secretary of State was a party, not suit against State; Metropolitan Life Ins. Co. v. M'Nall, 81 Fed. 893, and Mutual Life Ins. Co. v. Boyle, 82 Fed. 710, where suits against superintendent of insurance were held not suits against State.

Distinguished in Hagood v. Southern, 117 U. S. 69, 29 L. 811, 6 S. Ct. 616, holding comptroller-general could not defend in name of State, action for specific performance; McGahey v. Virginia, 135 U. S. 676, 34 L. 309, 10 S. Ct. 977, holding coupons not receivable in payment of certain school taxes and liquor licenses; Fitts v. McGhee, 172 U. S. 527, 529, 19 S. Ct. 273, 274, holding suit against attorneygeneral and solicitor, to restrain reduction of tolls, a suit against State; Manchester Fire Ins. Co. v. Herriott, 91 Fed. 715, dismissing bill to compel auditor to issue certificates to foreign corporation to do business in State; Ball v. Rutland R. Co., 93 Fed. 518, holding suit against State's attorney, to test validity of statute requiring railroad to sell mileage tickets, a suit against State; Lowry v. Thompson, 25 S. C. 422, 1 S. E. 145, holding suit against governor, etc., for recovery of title deed, action against State, and not maintainable.

Injunction to restrain collection of taxes by distraint of rollingstock and other property of railroad, after tender of payment in tax-receivable coupons, is proper remedy, there being no adequate remedy at law, pp. 314-317.

Approved in Pennoyer v. McConnaughy, 140 U. S. 10, 14, 19, 35 L 365, 367, 368, 11 S. Ct. 701, 703, 704, affirming S. C., 14 Sawy. 588 591, 43 Fed. 199, 201, sustaining suit in equity to enjoin land commis sioners from selling land; Reagan v. Farmers' Loan, etc., Co., 154 U. S. 389, 38 L. 1021, 14 S. Ct. 1051, reviewing authorities, and holding court had jurisdiction of suit to enjoin railroad commission from enforcing unjust rates; Scott v. Donald, 165 U. S. 112, 41 L 653, 17 S. Ct. 263, equity will enjoin constables from seizing property under authority of unconstitutional statute; President, etc. v. Sanger 62 Fed. 181, sustaining suit by Yale College, to restrain Stat treasurer from diverting certain funds; Western Union Tel. Co. w Henderson, 68 Fed. 597, holding court had jurisdiction of bill t restrain auditor from making valuations under alleged void statute

ANN

Buthern Ry. v. Asheville, 69 Fed. 360, allowing railroad remedy function, where legality of tax was disputed; dissenting opinkas in In re Ayers, 123 U. S. 510, 514, 31 L. 231, 232, 8 S. Ct. 185. majority denying injunction to restrain bringing of suits to efore collection of taxes; Tennessee v. Union, etc., Bank, 152 U. S. 4238 L. 518, 14 S. Ct. 660, obiter; In re Tyler, 149 U. S. 188, 37 L13 S. Ct. 792, arguendo.

Distinguished in Hagood v. Southern, 117 U. S. 71, 29 L. 811, 6 & Ct. 617, action to compel specific performance of contract by State, In re Ayers, 123 U. S. 500, 31 L. 228, 8 S. Ct. 180, refusing action which, in effect, was intended to prevent State from Tating its contract; Shelton v. Platt, 139 U. S. 598, 35 L. 277, 11 C. 649, holding injunction did not lie to restrain collection of Leral tax; Belknap v. Schild, 161 U. S. 18, 21, 40 L. 602, 603, 16 445, 446, dismissing bill to enjoin infringement from use of t by government officers in navy yard; Bates v. Taylor, 87 Tan 330, 11 S. W. 268, 3 L. R. A. 319, and n., holding court could 20 coerce governor in matter of issuing certificates of election. 114 U. 8. 317-323, 29 L. 202, CARTER v. GREENHOW.

Courts-Sixteenth clause of R. S., § 629, giving Circuit Court Jarsdiction irrespective of amount or citizenship, where State law fringes Federal rights, does not embrace trespass against collector Virginia, who, having rejected tender of tax-receivable coupons, to collect tax by seizure and sale of personal property of plainpp. 320-322.

Cied in McGahey v. Virginia, 135 U. S. 677, 678, 34 L. 309, 310, 10 & ct 977, 978, and McCullough v. Virginia, 172 U. S. 106, 19 S. Ct. historically.

States. In any judicial proceeding necessary to vindicate rights er contract with States, individual has right to judicial deter*aton declaring nullity of legislative attempt to impair its obli

, but no direct action for denial of right secured by contract Vale, p. 322.

Approved in In re Ayers, 123 U. S. 504, 31 L. 229, 8 S. Ct. 182, bing State could not be sued through its officers on contract to have coupons for taxes.

4. 8. 323-324, 29 L. 204, PLEASANTS v. GREENHOW.

Constitutional law. Decided in accordance with Carter v. Greenda supra, p. 324.

ed in McGahey v. Virginia, 135 U. S. 678, 34 L. 310, 10 S. Ct. storically.

4. 8. 325-338, 29 L. 205, MARYE ▼. PARSONS.

Bates- Since there is no remedy by suit to compel State to pay ***. & one holding unpaid Virginia coupons cannot maintain aca fat breach of same, p. 328.

Cited in Christian v. Atlantic, etc., R. R., 133 10 S. Ct. 263, dismissing action on bonds, wh pensable party.

D

*inia.

States.- Damages suffered by creditor, fr
unwillingness of debtor to perform his
absque injuria, and not actionable; accord
not entitled to relief as holder of Virginia
no taxes or other debts to State, but wa
selling same by State's refusal to accept,
Cited in Hagood v. Southern, 117 U. S
holding general refusal to accept rever
able; In re Ayers, 123 U. S. 496, 31 L. 2,
junction in favor of assignor of V
Slaughter, 63 Fed. 880, dismissing P
dered the coupons in payment of oth

Distinguished in Virginia Coupon
ing levy for taxes after tender of

States. It is only when in har that Virginia coupons are receival due the State, p. 329.

Courts. No court sits to de there must be litigation upon a ties, growing out of controver as to person or property, p.

State cannot be compelle viduals unless State consen ing, p. 332.

Approved in State v. Ju
auditor to assess tax to p

States. Citizen cann
constitutional laws wit}
or redress; but this is
means of redress is v
into fulfilment of its
Approved in West
reviewing authoriti
acting under allege
Distinguished in
bill relating to sar
Miscellaneous.-
Pleasants v. Gr
v. Virginia, 172
v. Virginia, 137

case by court.

controversies between where governed by com

appear against it, p. 365.

r. Co., 42 Fed. 236, uptoitxecuted in South America on arine Ins. Co., 94 Fed. 687, uparance polley between foreigners.

Mary with trial court to take Jowa foreigners arising on high e discarded on appeal unless clearly

**** *wg on high seas between for-
on
admiralty law as understood
6/8 ON #far as the law of both na-
brengt makes same variation from

129 U. S. rule

yee's

S. Ct.

States; tort, al

Fed. 754, governed by

s revised and

p. 370, note.

951, 15 S. Ct. 811, 3. Co., 136 U. S. 422, essel; The New York, between Canadian and

Light collision with bark, duce speed, pp. 371, 372.

4, steamer liable for want of

d by lower court clearly indicate anding of negligence is immaterial,

ed States, 137 U. S. 136, 34 L. 598, 11 & tain finding was of law or fact.

7, WALDEN v. KNEVALS.

ad route is "definitely fixed" under land e withdrawn from entry when map of route pted by secretary of interior, p. 374.

City, etc., Land Co. v. Griffey, 143 U. S. 38, 36 3, St. Paul, etc., R. Co. v. Ward, 47 Minn. 44, 49 uri, etc., Ry. v. Cook, 163 U. S. 497, 41 L. 241, 16 1 St. Paul, etc., Ry. v. Sage, 71 Fed. 49, 50, 36 U. S. proved in Wisconsin Cent. R. Co. v. Price Co., 64 Wis. 26 N. W. 98, where title passed upon completion of ed States v. McLaughlin, 12 Sawy. 191, 30 Fed. 155, apCentral Pacific; Wineman v. Gastrell, 53 Fed. 706, 2 U. S. 9, in deciding when swamp land title passed.

Inguished in Hamblin v. Western Land Co., 147 U. S. 535, 37 71. 13 8. Ct. 355, where location did not conform to requireof act; Western Land Co. v. Hamblin, 79 Iowa, 545, 44 N. $9 rule has no application where location unauthorized.

4 S. 376-381. 29 L. 168, PENN BANK v. FURNESS. Partnership. Where it is agreed to pay retiring partner in firm, amously believed to be solvent, a certain sum as his share, and