from State, are not bound to go on operating at a loss; right
to stop not dependent on consent of State. Bullock v. R.
R. Comm. of Florida. .
10. Id. Foreclosure; Rights of Mortgagee. Where stave Su-
preme Court prohibited lower court from confirming sale
with liberty to purchaser to dismantle, on ground that
State was not a party, held that prohibition could not affect
rights of mortgagee, since right to dismantle, as against the
State, could not be conferred by foreclosure decree in the
State's absence, and would pass to purchaser, if it existed,
whether decree so provided or not. Id.
CERTIFICATF. See Jurisdiction, II, 12; VI; Procedure,
III.
CERTIORARI. See Jurisdiction, II, 3, 14.
CHINESE EXCLUSION ACTS:
Unlawful Landing; Indictment, for unlawfully bringing in
Chinese aliens, will lie under § 8 of Immigration Act of 1917,
where acts charged do not amount to a landing in violation
of § 11 of Chinese Exclusion Act of 1884.
Butt.
CIRCUIT COURT OF APPEALS. See Bankruptcy Act, 4,
5; Jurisdiction, II (2); III; IV, 4, 5.
Diversity. See Jurisdiction, IV, 1.
Privileges and immunities. See Constitutional Law, VI;
Criminal Law, 8.
CLAIMS. See Bankruptcy Act, 7; Contracts, 2; Patents
for Inventions, 3-7.
Return of property, by Alien Property Custodian. See
Alien Enemies, 2-4.
1. Taking of Property; Contract Implied, is to pay for prop-
erty actually taken. Bothwell v. United States.
2. Id. Where construction of dam flooded private land,
destroyed owner's hay there stored and forced him to re-
move and sell cattle, held, assuming an implied obligation to
pay for hay, there was none to pay loss due to forced sale of
cattle. Id.
3. Id. Obligation to pay not implied from destruction of
anti-hog-cholera serum by officers, without agreement to
purchase; nor from Act of 1915 authorizing Secretary of
Agriculture to expend money in eradication of animal dis-
ease, including payment of claims growing out of purchase
and destruction of exposed materials. Great Western Serum
Co. v. United States.
4. Use of Patented Devices; No Contract to Pay implied from
appropriation acts evincing willingness of Congress to expend
money in testing devices, but no intention to pay until their
usefulness should be proved. Haupt v. United States..... 272
5. Loss Attributable to Mistake of Claimant. Where ship-
ments of newspapers which owner supposed were going
by express at lower rates were in fact sent by mail, at higher
but legal postal rates, through oversight of its agents, held,
that United States was under no implied contract to reim-
burse it. Journal & Tribune Co. v. United States......
6. Abandoned Property Act; Ownership. To establish claim,
under Jud. Code, § 162, claimant must prove his ownership
at time of seizure. Mangan v. United States....
7. Tucker Act; Payments under Tortious Coercion. Claim
of foreign steamship company for reimbursement for bills
for maintenance and medical care furnished by United
States to immigrants temporarily detained before admission
paid under duress of immigration officials, held founded on
tort and not within Tucker Act or jurisdiction of Court of
Claims. United States v. Holland-America Lijn....
8. Refund; Internal Revenue Taxes; Right to Sue, condi-
tioned on prior appeal to and decision by Commissioner of
Internal Revenue, which means an appeal, after payment,
for a refund, and is not satisfied by an appeal or application
for abatement of tax before it was paid. Rev. Stats.,
§§ 3226, 3220, 3228, construed. Rock Island &c. R. R. v.
United States...
141
CLASSIFICATION. See Constitutional Law, IX (3); In-
terstate Commerce Acts, III, 3–5.
CLAYTON ACT. See Anti-Trust Act.
COAL COMPANIES. See Anti-Trust Act, 1, 2; Interstate
COLLISION. See Admiralty, 2–4.
COLONIES. See Treaties, 2 et seq.
COMBINATIONS. See Anti-Trust Act; Interstate Com-
merce Acts, I.
COMITY. See Jurisdiction, I, 3.
COMMERCE. See Anti-Trust Act; Bridges, 3 et seq.; Con-
stitutional Law, III; Interstate Commerce; Interstate
Commerce Acts; Jurisdiction, IV, 2.
COMMERCIAL PAPER:
Bill of lading. See Carriers, 1-7.
COMMISSIONER OF INTERNAL REVENUE. See Taxa-
tion, I, 4, 6.
COMMITTEE REPORTS. See Statutes, 8.
COMMODITIES CLAUSE. See Interstate Commerce
Acts, I.
COMMON CARRIERS. See Anti-Trust Act, 1, 2; Carriers;
Employers' Liability Act; Interstate Commerce Acts;
Master and Servant; Negligence; Safety Appliance Act;
Trusts and Trustees, 4 et seq.
COMMON LAW. See Anti-Trust Act, 9; Employers' Lia-
bility Act, 2; Indians, 15; Priority, 1, 2.
CONCURRENT FINDINGS. See Procedure, IV, 6.
CONFLICT OF LAWS. See Insurance, 2.
Powers. See Constitutional Law.
Appropriations. See Claims, 3, 4; Contracts, 2.
Legislative history, debates and committee reports. See
Statutes, 7, 8.
CONSIDERATION. See Corporations, 2-6.
CONSPIRACY. See Anti-Trust Act, 6 et seq; Criminal Law, 8.
CONSTITUTIONAL LAW:
I. Judicial Power, p. 722.
II. Federal Agency; Post Routes, p. 722.
III. Commerce Clause, p. 723.
IV. Contract Clause, p. 723.
V. War Power, p. 724.
VI. Privileges and Immunities, p. 725.
VII. Treaties, p. 725.
VIII. Fifth Amendment, p. 725.
IX. Fourteenth Amendment:
(1) Notice and Hearing, p. 726.
(2) Liberty and Property; Police Power; Taxation,
p. 726.
(3) Equal Protection of the Laws, p. 729.
X. Eighteenth Amendment; Intoxicating Liquors, p. 730.
See Jurisdiction; Prócedure; Taxation.
States; regulation of inheritance by aliens. See VII, infra.
Id. Relation to international bridges. See Bridges.
Delegation of legislative power; state agencies. See IX, 19,
infra.
Right of jury, in criminal case. See Criminal Law, 3.
I. Judicial Power.
Constitutionality and Construction of Statutes.
construe is necessary incident of power to determine con-
stitutionality. Heald v. District of Columbia....
II. Federal Agency; Post Routes.
1. Post Office Employee Using State Roads, in transporting
mails, held not subject to state automobile license law.
Johnson v. Maryland...
CONSTITUTIONAL LAW-Continued.
2. International Bridge; Post Route. Facts that bridge when
built, as a railroad bridge only, was devoted wholly to in-
ternational commerce and that Act of 1874 declared it a
lawful structure and established post route, did not supplant
authority of State to require addition of foot and carriage
ways. International Bridge Co. v. New York.....
3. Id. Ownership of Land Under Bridge. Conveyance to
United States of part of land under bridge for public pur-
pose not connected with administration of the Government,
did not affect authority of State over residue nor invalidate
state law requiring additional construction. Id.
III. Commerce Clause. See Bridges.
1. Railroads; State Regulation. Order requiring interstate
road to detour two of its through passenger trains from
main line over a branch for benefit of small city already
adequately served by local, connecting trains, held void.
St. Louis & S. F. Ry. v. Public Service Comm..
2. Id. Grade Crossings. Where public safety requires re-
moval of dangerous grade crossings, fact that execution of
State's plan will involve expenditures so heavy as to impair
efficiency of railroad as agency of interstate commerce, does
not bring State's order into conflict with commerce clause.
Erie R. R. v. Public Utility Commrs..
3. Income Tax; Foreign Corporations; Earnings Within
State. Tax based on proportion of net profits earned within
State, the enforcement of which is left to ordinary means of
collecting taxes, does not violate commerce clause. Under-
·wood Typewriter Co. v. Chamberlain.
4. International Bridge. International character does not
of itself divest State of power over its part of structure, in
silence of Congress. International Bridge Co. v. New York. 126
IV. Contract Clause.
1. Reserved Power of State; Railroads. Power to require
abolition of railroad grade crossings, regarded as authority.
impliedly reserved when State granted right to occupy land.
Erie R. R. v. Public Utility Commrs..
2. Police Power. Grade Crossings. Where public safety re-
quires change, fact that execution of plan will interfere with
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