CONSTITUTIONAL LAW-Continued.

II. First Amendment.

See Fourteenth Amendment, infra, V, (A), 1-2; V, (B), 1–14.
Freedom of Speech. Federal Communications Commission's
regulations of chain broadcasting did not abridge right. National
Broadcasting Co. v. U. S., 190.

III. Fifth Amendment.

1. Due Process. Statutes. Presumptions created by § 2 (f) of
Firearms Act invalid. Tot v. U. S., 463.

2. Eminent Domain. Compensation. Determination of value of
lands condemned under Tennessee Valley Authority Act. U. S. v.
Powelson, 266.

IV. Seventh Amendment.

1. Jury Trial. Seventh Amendment inapplicable per se to suit
against United States on contract of war risk insurance. Galloway
v. U. S., 372.

2. Id. Right to jury trial not infringed. Id.

V. Fourteenth Amendment.

(A) In General.

1. Scope of Guaranties. Guaranties of First Amendment pro-
tected by Fourteenth against encroachment by States. Douglas v.
Jeannette, 157.

2. Id. Allegations establishing deprivation of right of free speech
under First Amendment sufficiently establishes deprivation of right
under Fourteenth.

Id.

3. Id. Fourteenth Amendment requires that state action be con-
sistent with fundamental principles of liberty and justice, but does
not draw to itself provisions of state constitutions and laws. Buch-
alter v. New York, 427.

4. Id. State action against which the Amendment protects in-
cludes action by a state board of education. Board of Education v.
Barnette, 624.

(B) Due Process Clause.

1. Personal Liberty. Compulsory flag salute and pledge of alle-
giance for children in public schools, unconstitutional. Board of
Education v. Barnette, 624.

2. Id. Compulsory flag salute not permissible means of achiev-
ing "national unity." Id.

3. Id. Effect of assignment of religion as ground of non-compli-
ance. Id.

CONSTITUTIONAL LAW-Continued.

4. Id. Encouraging refusal on religious grounds to salute flag
not punishable. Taylor v. Mississippi, 583.

5. Id. Power of State as affected by absence of sinister purpose,
subversive activity, or clear and present danger to government. Id.
6. Liberty. Freedom of Speech, Press and Religion. Ordinance
requiring religious colporteurs to pay license tax, invalid. Mur-
dock v. Pennsylvania, 105.

7. Id. That religious literature is sold and not donated does not
transform activities of colporteur into commercial enterprise. Id.
8. Id. Jehovah's Witnesses as engaged in religious, not commer-
cial, venture. Id.

9. Id. That ordinance is "nondiscriminatory," applying also to
peddlers of wares and merchandise, immaterial. Id.

10. Id. Flat license tax on religious colporteurs is prior restraint
on, and tends to suppress exercise of, constitutional liberties of
press and religion. Id.

11. Id. State may not suppress or tax dissemination of views
because they are unpopular, annoying, or distasteful. Id.

12. Id. Ordinance not saved by application only to house-to-
house solicitation where not narrowly drawn to prevent or control
abuses or evils from that particular type of activity. Id.

13. Id. Ordinance forbidding knocking on doors or ringing door-
bells to distribute handbills or circulars, invalid. Martin v.
Struthers, 141.

14. Id. Remand for determination of applicability and validity
of D. C. Code § 47-2336. Busey v. District of Columbia, 579.

15. Taxation. Transfer Tax. Validity of tax on transfer of
securities by domiciliary, measured by value at time of death.
Central Hanover Bank Co. v. Kelly, 94.

16. Criminal Trials. Convictions in cases here did not deny
defendants' constitutional rights. Buchalter v. New York, 427.
17. Id. Essential unfairness of trial must be shown convincingly.
ld.

18. Id. Record failed to establish that jury was biased. Id.
19. Id. That statute governing selection of jury, and court's
rulings on challenges, worked injustice in impaneling jury, raised
no reviewable question of due process. Id.

20. Id. Rulings upon evidence and instructions to jury. Id.
21. Id. Contention that prosecutor unfairly suppressed evidence,
without merit. Id.

22. Id. Remarks of prosecutor to jury, here involved, did not
raise due process question. Id.

CONSTITUTIONAL LAW—Continued.

(C) Equal Protection Clause.

1. Taxation. Transfer Tax. Validity of tax on transfer of secu-
rities by domiciliary, measured by value at time of death. Central
Hanover Bank Co. v. Kelly, 94.

CONTRACT CARRIER.

See Motor Carrier Act.

CONTRIBUTIONS. See Taxation, I, 5.

CONTRIBUTORY NEGLIGENCE. See Employers' Liability
Act, 2.

COOK. See Fair Labor Standards Act, 2.

CORPORATIONS. See Public Utilities, 2; Taxation, I, 1.

Stockholders. Corporation here was not mere agent of sole stock-
holder. Moline Properties v. Commissioner, 436.

COUNTERCLAIM. See Patents for Inventions; Procedure, 8.
CREDITORS. See Bankruptcy.

CRIMINAL LAW. See Constitutional Law, I, 6; III, 1; V, (A), 3;
V, (B), 16-22; Grand Jury, 1-5; Injunction, 2; Jurisdiction, I, 3-4,
7, 10-11, 20; II, 1; III, 1-2; V, 1-2, 4; Mandamus, 2; Selective
Training & Service Act, 1-2.

1. Offenses. Elements. Aiding and abetting income tax evasion.
U. S. v. Johnson, 503.

2. Conspiracy. Evidence sufficient to sustain conviction of mail-
order drug company for conspiring with physician to violate Har-
rison Narcotic Act. Direct Sales Co. v. U. S., 703.

3. Punishment of Offenses. Jurisdiction of United States to pun-
ish for rape committed on land acquired within State. Adams v.
U. S., 312.

CRIMINAL PROCEDURE. See Constitutional Law, III, 1; V, (A),
3; V, (B), 16-22; Criminal Law, 1-3.

DEATH. See Employers' Liability Act, 2.

DECLARATORY JUDGMENTS. See Judgments, 1-4.

DEDUCTIONS. See Taxation, I, 2–6.

DELEGATION OF POWER. See Constitutional Law, I, 3—4.

DEPRECIATION. See Taxation, I, 6.

DIRECT APPEAL. See Jurisdiction, II, 1-2.

DIRECTOR OF SELECTIVE SERVICE. See Evidence, 1; Selec-
tive Training & Service Act, 1–2.

DISABILITY. See Evidence, 5; War Risk Insurance.

DISCRIMINATION. See Constitutional Law, V, (B), 9; V, (C);
Interstate Commerce Act, 1-9.

DOMICILE. See Constitutional Law, V, (B), 15; V, (C); Taxation,
II, 2.

DOMICILIARY. See Constitutional Law, V, (B), 15; Taxation,
II, 2.

DOORBELLS. See Constitutional Law, V, (B), 13.

DRAFT. See Selective Training & Service Act, 1–2.

DRAINAGE DISTRICTS. See Bankruptcy.

DRUGS. See Criminal Law, 2.

DUE PROCESS. See Constitutional Law, III, 1; V, (B), 1–22.
DUES. See Labor Relations Act, 1.

ELECTRIC POWER. See Public Utilities, 1–3.

EMERGENCY PRICE CONTROL ACT. See Constitutional Law,
I, 5.

Regulations and Orders. Review. Restriction of equity juris-
diction to restrain enforcment of regulations or orders to Emergency
Court and this Court on review. Lockerty v. Phillips, 182.
EMINENT DOMAIN. See Constitutional Law, III, 2.

Value. Lands. Burden of establishing value of lands in pro-
ceeding under Tennessee Valley Authority Act; special adaptability
of lands when united with others; landowner's privilege of eminent
domain; loss of business opportunity. U. S. v. Powelson, 266.
EMPLOYER AND EMPLOYEE. See Constitutional Law, I, 10;
Employers' Liability Act; Fair Labor Standards Act, 1-3; Labor
Relations Act.

EMPLOYERS' LIABILITY ACT.

1. Negligence. Safe Place. Sufficiency of evidence to go to jury.
Bailey v. Central Vermont Ry., 350.

2. Right of Recovery. Assumption of Risk. Conduct of de-
cedent did not constitute assumption of risk; contributory negli-
gence no bar to recovery. Owens v. Union Pacific R. Co., 715.

3. Id. Query whether 1939 amendment abolishing assumption of
risk as defense applies where accident occurred before, and suit is
brought after, enactment. Id.

EMPLOYMENT. See Constitutional Law, I, 10; Employers'

Liability Act; Fair Labor Standards Act; Labor Relations Act.

EQUITY. See Emergency Price Control Act; Judgments, 2-3;
Jurisdiction, I, 11-15, 17; V, 2-4.

ESTATE TAX. See Constitutional Law, I, 9; Taxation, II, 1.
EVIDENCE. See Aiding and Abetting, 2; Constitutional Law,
III, 1; V, (B), 16–17, 20-21; Criminal Law, 2; Employers' Liabil-
ity Act, 1; Labor Relations Act, 4; Public Utilities, 3; War Risk
Insurance.

1. Judicial Notice of decision of Director of Selective Service.
Bowles v. U. S., 33.

2. Presumptions. Presumptions created by Firearms Act from
prior conviction that defendant received weapon in interstate com-
merce after date of Act, invalid. Tot v. U. S., 463.

3. Id. Statutory presumption not sustainable where in common
experience fact proved and fact presumed have no rational con-
nection. Id.

4. Value. Burden of proof of value of lands in proceeding under
§ 25 of Tennessee Valley Authority Act. U. S. v. Powelson, 266.
5. Disability. Insanity. Sufficiency of evidence of total and
permanent disability from insanity. Galloway v. U. S., 372.

6. Negligence. Sufficiency of evidence to go to jury. Bailey v.
Central Vermont Ry., 350.

7. Involuntary Payment. Burden of proof. Mahnomen County
v. U. S., 474.

8. Income Tax Evasion. Defendant's expenditures as evidence
of unreported income. U. S. v. Johnson, 503.

9. Sufficiency of Evidence to go to jury. Id.

10. Expert Testimony. Did not invade province of jury. Id.
EXEMPTIONS. See Fair Labor Standards Act, 2-3.

EXPERT TESTIMONY. See Evidence, 10.

EXPERT WITNESSES. See Evidence, 10.

FAIR LABOR STANDARDS ACT.

1. Nature of Employment. Test of whether employee is "en-
gaged in commerce." McLeod v. Threlkeld, 491.

2. Id. A cook serving meals to maintenance-of-way men pur-
suant to contract between interstate railroad and his employer, not
"engaged in commerce." Id.

3. Maximum Hours. Exemptions. Exemption of employees as
to whom Interstate Commerce Commission "has power" under
Motor Carrier Act to establish maximum hours of service. South-
land Gasoline Co. v. Bayley, 44.

FEDERAL FIREARMS ACT. See Firearms Act.