tration and collection of judgments against the city of New
Orleans so far as it delays the payment, or collection of taxes for
the payment, of contract claims existing before the passage of
the act is void as impairing the obligation of contracts within the
meaning of the Federal Constitution. Hubert v. New Orleans, 170.
See CORPORATIONS, 3, 5;
Infra, 5.
Criminal prosecution. See CRIMINAL LAW, 1.
5. Due process of law; deprivation of property without; effect of injunc-
tion against maintenance of expired charter rights.
Following the construction given by the state court, held that where
a charter for a toll-road provided that the privileges granted
should continue fifty years subject to the right of the county to
acquire it after twenty years, all privileges ceased on the expira-
tion of the fifty years; and the owner of the franchise was not
deprived of his property without due process of law, nor was the
obligation of the contract in its charter impaired, by an injunc-
tion, from further maintaining toll-gates on such road. Scott
County Road Co. v. Hines, 336.
Extradition. See EXTRADITION, 2.
6. Full faith and credit; judicial proceedings held entitled to.
Where the fundamental fact in issue in a suit by a wife for separate
maintenance is whether there was a marriage, and the court
having jurisdiction finds that the wife's petition should not be
granted but should be dismissed, the courts of another State
must, under the full faith and credit clause of the Constitution,
regard such decree as determining that there was no marriage
even though the husband may have asserted other defenses; nor
can the wife, in a suit depending solely on the issue of whether
there was a marriage, prove by oral testimony, in the absence
of a bill of exceptions, that the decree may have rested on any
of the other defenses asserted by the husband. Everett v. Everett,
203.
7. Full faith and credit clause; effect of judgment concerning land situated
beyond jurisdiction of court rendering it.
The full faith and credit clause of the Constitution does not extend
the jurisdiction of the courts of one State to property situated
in another State, but only makes the judgment conclusive on
the merits of the claim or subject-matter of the suit; and the
courts of the State in which land is situated do not deny full faith
and credit to a decree of courts of another State, or to a master's
deed thereunder, by holding that it does not operate directly
upon, and transfer the property. Fall v. Eastin, 1.
See JUDGMENTS AND DECREES, 1.
8. Taxation; state interference with Federal power of, by imposing re-
quirements on holders of Federal liquor licenses.
A state statute requiring the holder of a Federal license to sell malt
or liquor to perform duties in conflict with the requirement of
the Federal statute is an exercise of power repugnant to the
Constitution and cannot be enforced; and so held as to chap. 189,
General Laws of North Dakota, requiring the holder of such a
license to file and publish a copy thereof. Flaherty v. Hanson,
515.
1. Impairment of obligation by withdrawal of power of taxation incident
thereto.
The power of taxation conferred by law enters into the obligation of a
contract, and subsequent legislation withdrawing or lessening
such power and which leaves the creditors without adequate
means of satisfaction impairs the obligation of their contracts.
Hubert v. New Orleans, 170.
2. Continuance of incident of taxation.
A power to tax to fulfill contract obligations continues until the obli-
gation is discharged. Ib.
3. Specific performance on ground of part performance only where
damages inadequate relief.
In order that specific performance may be decreed on the ground of
part performance the acts done and relied on by the party seek-
ing relief must be such that damages would not be adequate
relief. Haffner v. Dobrinski, 446.
4. Specific performance on ground of part performance; judicial discre-
tion in decreeing.
Specific performance rests in judicial discretion to be exercised ac-
cording to settled principles of equity and with reference to the
facts in the particular case, and it may be refused where, as in
this case, the conditions do not appeal to equitable consideration,
even in case of part performance. Ib.
5. Specific performance on ground of part performance; sufficiency of
grounds for refusal to decree.
The Supreme Court of Oklahoma did not err in refusing to decree
specific performance in a case where complainant had funds in
his possession sufficient to cover his damages, if any, and where
that court held that the alleged contract was unreasonable in its
provisions, lacked mutuality, and the part performance did not
take the contract out of the statute of frauds. Ib.
6. Construction of decision in Lowrey v. Hawaii, 206 U. S. 206.
The decision and opinion of this court in Lowrey v. Hawaii, 206 U. S.
206, construed and followed as to construction of contract in-
volved and liability thereunder of the Hawaiian government.
Lowrey v. Hawaii, 554.
7. Condition to teach definite Christian doctrine; how not satisfied.
A condition to teach a definite Christian doctrine is not satisfied by
teaching merely a form of general evangelical Christianity. Ib.
8. Breach of covenant-Election; right of, where alternative obligation—
Running of statute of limitations.
Where the breach of a covenant of use entails either forfeiture or
payment of a specified sum, the grantee has the right of election
until disavowal on his part and denial of the alternative obliga-
tion, and until then, notwithstanding a continuous breach, the
statute of limitations does not run against the grantor. Ib.
9. In this case the judgment of the Supreme Court of the Territory of
Oklahoma, involving contract rights, is affirmed. Snyder v. Rosen-
baum, 261.
See BANKS And Banking, 2;
CORPORATIONS, 1-6;
EQUITY, 6.
CONTRIBUTION.
See PARTIES, 1.
Deed of trust; effect to convey alternative obligation to which grantor
entitled.
A deed of trust conveying all lands of grantor or in which it has any
interest held in this case to include its right to a liquidated sum
in lieu of right of reëntry for a breach of covenant of use of lands
theretofore conveyed by it. Lowrey v. Hawaii, 554.
See CONSTITUTIONAL LAW, 7;
EQUITY, 2, 3, 5, 6, 7;
JUDGMENTS ANd Decrees, 2, 3.
1. Statutory and common-law rights distinguished.
Statutory copyright is not to be confounded with the exclusive prop-
erty of the author in his manuscript at common law. Caliga v.
Inter Ocean Newspaper Co., 182.
2. Statutory copyright a new right.
In enacting the copyright statute Congress did not sanction an exist-
ing right but created a new one dependent on compliance with
the statute.
3. Applications; amendments-Validity of copyright granted on second
application.
Under existing copyright law of the United States there is no pro-
vision for filing amendments to the first application; and, the
matter being wholly subject to statutory regulation, copyright
on a second application cannot be sustained. Ib.
4. Limitation; extension of.
The statutory limit of copyright cannot be extended by new applica-
tions.
1. Duration; effect of franchise granted subsequent to act of incorporation
to extend life of charter.
Where the corporate existence has been recognized after the expiration
of the shorter period and the State has not moved in quo warranto,
a franchise legally granted by municipal ordinance and legislative
enactment for the life of the charter of a public service corpora-
tion cannot be impaired during the term specified in the charter
filed before the grant was made, although such term be longer
than that allowed by the act under which the corporation was or-
ganized. Minneapolis v. Street Railway Co., 417.
2. Franchise contract; effect of end of corporate life.
A franchise contract may extend beyond the life of the corporation
to which it is granted; at the end of the corporate life it is a
divisible asset.
3. Franchises; effect of waiver of privileges under, on constitutional
Waiver to a reasonable extent of certain privileges under a franchise
does not withdraw the other privileges from the protection of the
contract clause of the Constitution.
4. Public service; limitation of franchises.
Franchises to public service corporations will not be extended by
implication, but whatever is plainly and legally granted is pro-
tected by the contract clause of the Constitution. Ib.
5. Instrumentalities of; effect of change of motive power on contract rights
of public service corporation.
An ordinance enacted before electricity was used as motive power
prohibiting any power that would be a public nuisance will not be
construed as excluding electricity; and a public service corpora-
tion accepting an ordinance permitting change from horse to
electric power does not abandon its rights under the original
ordinance so that they are no longer protected by the contract
clause of the Constitution. Ib.
6. Stockholder's right as to procedure for enforcement of liability-Power
of State to regulate procedure.
In becoming a stockholder of a corporation one does not acquire as
against the State a vested right in any particular mode of pro-
cedure for enforcement of liability, but it is assumed that parties
make their contracts with reference to the existence of the power
in the State to regulate such procedure. Henley v. Myers, 373.
See CONSTITUTIONAL LAW, 2, 3, 5; PROCESS;
PRACTICE AND PROCEDURE, 13;
STATUTES, A 5, 7
1. Federal; equity jurisdiction and whence derived; restraint by state
legislation.
The equity jurisdiction of the Federal courts is derived from the
Federal Constitution and statutes and is like unto that of the
High Court of Chancery in England at the time of the adoption
of the Judiciary Act of 1789; it is not subject to limitations or
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