JURISDICTION-Continued.

11. Raising Question. Question sought to be reviewed raised too
late. Parker v. Motor Boat Sales, 244.

III. Jurisdiction of Circuit Courts of Appeals.

Extension of Term. Court may recall mandate and reconsider
appeal at subsequent term when stay of mandate expired. Bernards
v. Johnson, 19.

IV. Jurisdiction of District Courts.

Diversity of Citizenship. Jud. Code § 57. District Court had
jurisdiction of cause under Jud. Code § 57, and was not prevented
from exercise thereof out of deference to state courts. Fischer v.
American Ins. Co., 549.

V. Jurisdiction of State Courts.

Actions Under Employers Liability Act. State court may not
enjoin resident from action in other State. Baltimore & Ohio R. Co.
v. Kepner, 44.

LABOR RELATIONS ACT.

1. Authority of Board. Whether changed circumstances required
new election of employees' bargaining representative was for Board
to determine, not Circuit Court of Appeals. Labor Board v. P. Loril-
lard Co., 512.

2. Unfair Labor Practice. Coercion. Effect of expression by
employer of views on labor policies. Labor Board v. Virginia Power
Co., 469.

3. Id. Cause remanded to Board for redetermination where basis
of finding of unfair labor practice obscure. Id.

LEGISLATIVE HISTORY. See Statutes, 6.

LICENSES. See Constitutional Law, II, 6; VII, (B), 7–8.
LIENS.

Nature of Lien. Effect. Lien of State under Texas Civil Statutes
not entitled to priority over claim of United States. U. S. v. Texas,
480.

LIGHTERS. See Patents for Inventions, 4.

LIMITATIONS. See Taxation, II, 4–5.

LIQUIDATION. See Banks, 1-2.

LOBBYING. See Taxation, II, 1–2.

LONGSHOREMEN'S AND HARBOR WORKERS' ACT.

1. Construction. Application. Act applies to employee killed in
course of employment on navigable water, though duties usually were
non-maritime. Parker v. Motor Boat Sales, 244.

2. Claim for Compensation. Question whether statute authorizes
widow to make claim was here raised too late. Id.

3. Evidence. Finding that employee was acting in course of
employment was supported by evidence and conclusive. Id.

MANDATE. See Judgments.

MARITIME LAW. See Admiralty, 1-2; Longshoremen's & Harbor
Workers' Act, 1.

MARKETS. See Interstate Commerce Acts, 2-3.

MASTER AND SERVANT. See Employers Liability Act; Labor
Relations Act; Longshoremen's & Harbor Workers' Act.

MATERIALS. See Constitutional Law, I, 8–9.

MEXICAN CESSION. See Public Lands.

MISTAKE.

Equitable Relief. Corporation without equitable remedy for mis-
take by it in valuation of capital stock under 1935 Revenue Act.
Scaife Co. v. Commissioner, 459.

MORTGAGES. See Bankruptcy, 7.

MOTOR VEHICLES. See Constitutional Law, VII, (B), 7–8.

MUTUAL INSURANCE. See Constitutional Law, IV.

NATIONAL BANKS. See Banks.

NATIONAL HOUSING ACT. See United States, 2.

NATURAL GAS ACT. See Federal Power Commission.

NAVIGABLE WATERS. See Longshoremen's & Harbor Workers'
Act, 1.

NEWSPAPERS. See Constitutional Law, VII, (B), 5.

NONRESIDENTS. See Constitutional Law, II, 4–5.

OBSTRUCTION OF JUSTICE. See Constitutional Law, VII, (B), 4.

OCCUPANCY. See Public Lands.

OFFENSES. See Criminal Law.

OPERATOR'S LICENSE. See Constitutional Law, VII, (B), 7–8.

PARTIES. See Jurisdiction, I, 2-5; Recognizance, 2.

PARTY. See Jurisdiction, I, 2-5; Recognizance, 2.

PATENTS FOR INVENTIONS.

1. Patentability. That new and useful function is performed does
not in itself make combination patentable. Cuno Corp. v. Auto-
matic Devices Corp., 84.

2. Id. New device must reveal flash of creative genius, not merely
skill of the calling. Id.

3. Scope of Patent Monopoly. Infringement. Remedy. Use
of patent monopoly to restrain competition in sale of unpatented
materials contrary to public policy, and bars injunction against in-
fringement. Morton Salt Co. v. Suppiger Co., 488; B. B. Chemical
Co. v. Ellis, 495.

4. Mead patent, No. 1,736,544, Claims 2, 3, and 11, for improve-
ments in lighters, invalid for want of invention. Cuno Corp. v Auto-
matic Devices Corp., 84; Automatic Devices Corp. v. Sinko Co., 94.

5. Id. Mead's improvement was not invention, but was plainly
indicated by the prior art. Cuno Corp. v. Automatic Devices
Corp., 84.

PAUPERS. See Constitutional Law, II, 5.

PENALTY. See Bankruptcy, 2.

PERSONAL INJURIES. See Employers Liability Act, 1-2; Long-
shoremen's & Harbor Workers' Act, 1–2.

PERSONATION. See False Personation.

PIPELINES. See Federal Power Commission.

POLICYHOLDERS. See Constitutional Law, IV.

PRIMARY MARKETS. See Interstate Commerce Acts, 2-3.
PRINCIPAL AND SURETY. See Recognizance, 1–2.

PRIORITY. See United States, 1–3.

PROCEDURE. See Bankruptcy, 5-7; Labor Relations Act.

1. Appeal. Time. Dismissal by bankruptcy court of untimely
petition for rehearing or review did not extend time for appeal from
order. Bernards v. Johnson, 19.

2. Procedure Under Bankruptcy Act. Appellate practice under
§ 75. Id.

3. Order forbidding removal of person from State pending disposi-
tion by state court of petition for writ of habeas corpus. In re
Tenner, 585.

PUBLICATION. See Constitutional Law, VII, (B), 3-6.

PUBLIC CONTRACTS. See Contracts; Constitutional Law, I, 8-9.
PUBLIC LANDS.

Grants. Indian Right of Occupancy. Extinguishment. Lands
granted railroad by Act of July 27, 1866, subject to Indian right of
occupancy; occupancy as question of fact; right as terminable only
by United States; Mexican Cession lands not excepted; basis of
tribal claim; power of Congress supreme with respect to extinguish-
ment; creation and acceptance of Walapai Reservation in 1883 ex-
tinguished by "voluntary cession" claims to other lands; United
States entitled to accounting on behalf of Walapais. U. S. v. Santa
Fe Pacific R. Co., 339.

PUBLIC OFFICERS. See False Personation.

Criteria of Domicile in District of Columbia. District of Colum-
bia v. Murphy, 441.

PUBLIC SERVICE COMMISSIONS. See Federal Power Commis-
sion.

PUBLIC UTILITIES. See Federal Power Commission.

PURCHASER. See Statutes, 9.

QUORUM. See Jurisdiction, II, 1.

RAILROADS. See Employers Liability Act; Interstate Commerce
Acts; Public Lands.

RATTLESNAKES. See Constitutional Law, VII, (B), 15.

REAL ESTATE. See Farm Loan Act, 3.

RECEIVERS. See United States, 2.

RECOGNIZANCE.

1. Conditions. Breach. Forfeiture. R. S. § 1020 exclusive
source of power of District Court to remit forfeiture of recognizance
in criminal cause. Continental Casualty Co. v. U. S., 527.

2. Id. Remission of forfeiture where there has been no "willful
default of party"; "party" applies to principal, not surety. Id.
REFUND. See Taxation, II, 4–5.

RESERVATIONS. See Public Lands.

RESIDENTS. See Constitutional Law, II, 4; IV; Employers Liabil-
ity Act, 2.

RES JUDICATA. See Constitutional Law, IV; Judgments; Taxa-
tion, II, 5.

REVISED STATUTES. See Statutes, 3.

RULES. See Procedure.

SALE. See Bituminous Coal Act.

SALES TAX. See Constitutional Law, I, 8; Taxation, III, 2, 4.
SEAWORTHINESS. See Admiralty, 1-2; Evidence, 3.

STATES. See Constitutional Law, I, 7-10, 12; II, 4-6.

STATE'S EVIDENCE. See Constitutional Law, VII, (B), 11.
STATUTES.

1. Validity. Effect on valid statute of unconstitutional amend-
ment. Reitz v. Mealey, 33.

2. Id. Vagueness. That jury may be required to determine ques-
tion of reasonableness does not vitiate penal statute. U. S. v. Ragen,
513.

3. Construction. Where words of Revised Statutes are clear,
resort may not be had to prior law. Continental Casualty Co. v.
U. S., 527.

4. Construction. Policy of statute conferring on federal courts
jurisdiction based on diversity of citizenship requires strict construc-
tion. Indianapolis v. Chase National Bank, 63.

5. Id. R. S. § 3466 to be construed liberally to effectuate purpose
to secure adequate public revenues. U. S. v. Emory, 423.

6. Legislative History. Nothing in legislative history of § 26 of
Farm Loan Act requires result different than that reached here.
Federal Land Bank v. Bismarck Lumber Co., 95.

7. Severability. Proceeding under valid statute unaffected by
severable invalid amendments. Id.

8. Amendment. Validity of statute as affected by whether invalid
amendment is independent enactment or redraft. Id.

9. Particular Words. Who is "purchaser" under Alabama sales
tax statute. Alabama v. King & Boozer, 1.

STOCK. See Constitutional Law, I, 4-5; IV; Taxation, II, 3.
SUBROGATION. See Banks, 2.

SURETIES. See Banks, 2; Recognizance, 2.

TAXATION. See Constitutional Law, I, 7-12; Contracts; Criminal
Law; Mistake.

I. In General, p. 738.

II. Federal Taxation, p. 738.

III. State Taxation, p. 738.

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