III. MEANS AND METHODS OF REG- | hay belonging to each was so intermingled that
agent's hay could not be identified, principal
60(1) (Wis.) Where the issuance and re-
could replevy hay in storage claimed by agent.
demption of profit-sharing coupons constitute in--Kert v. Endelman, 168 N. W. 423.

and morals or preventing fraud.-State v. Wei- See Vendor and Purchaser, 18.
gle, 168 N. W. 385.

II. CONSTRUCTION, OPERATION,
AND ENFORCEMENT OF CON-
STITUTIONAL PROVISIONS.

IV. POLICE POWER IN GENERAL.

81 (N.D.) The state may interfere with pri-
vate industry whenever the public welfare de-
mands, and a large measure of discretion is
necessarily vested in the Legislature to deter-
mine, not only what the interests of the public
require, but what measures are necessary for
their protection.-Neer v. State Live Stock San-
itary Board, 168 N. W. 601.

23 (Mich.) Const. 1908, art. 8, §§ 21, 28,
granting cities power to amend charters, and
giving them full control of the use of streets,
do not affect the contract relations of a tele-
phone company and a city, under a franchise
granted and accepted before such Constitution
was adopted.-Traverse City v. Michigan Rail-81 (N.D.) Police power is not limited to
road Commission, 168 N. W. 481.

38 (Wis.) Although Legislature has wide
discretion, its acts are void if they contravene
provisions of the Constitution, although the de-
parture is followed by comparatively slight in-
equalities from a pecuniary standpoint.-Wis-
consin Ass'n of Master Bakers v. Weigle, 168
N. W. 383.

43(2) (N.D.) A person who obtains a license
and seeks to enjoy the benefits thereof cannot
afterwards, when the license is sought to be
revoked, question the constitutionality of the
act requiring it.-Cofman v. Ousterhous, 168 N.

W. 826.

46(1) (Minn.) Constitutionality of a statute
will not be determined unless absolutely neces-
sary to determine merits of suit in which the
constitutionality of such statute has been drawn
in question. In re Judicial Ditch No. 53, 168
N. W. 348.

III. DISTRIBUTION OF GOVERN-
MENTAL POWERS AND
FUNCTIONS.

(A) Legislative Powers and Delegation
Thereof.

56 (Iowa) In view of Const. art. 5, § 4, Leg-
islature may impose restrictions on Supreme
Court by limiting appeals according to amounts
in controversy, but may not so change charac-
ter of court as that it shall be other than a
court for correction of errors of law.-Wine v.
Jones, 168 N. W. 318.

regulations for the preservation of good order
or public health, but the prevention of fraud
and unfair competition is within its powers.-
Cofman v. Ousterhous, 168 N. W. 826.

V. PERSONAL CIVIL AND POLITI-
CAL RIGHTS.

82 (N.D.) There is no property right in that
which is a nuisance and no right of liberty in
that which is harmful to the public weal.-Neer
v. State Live Stock Sanitary Board, 168 N. W.
601.

88 (Minn.) The Constitution guarantees to
every one the right to work in his own busi-
ness, and any attempt to deprive him of that
right is unlawful.-Roraback v. Motion Picture
Machine Operators' Union of Minneapolis, 168
N. W. 766.

VI. VESTED RIGHTS.

101 (Iowa) No one has any vested right in
the privilege of organizing a bank or other cor-
poration.-Vale v. Messenger, 168 N. W. 281.
VII. OBLIGATION OF CONTRACTS.
(B) Contracts of States and Municipal-
ities.

~129 (Mich.) A franchise contract of a tel-
ephone company to operate in a city and fixing
rates, construed as having been entered into
with reference to the inherent, paramount au-
thority of the city to assert the right, and not
through any delegation to the city of rate-fix-
road Commission, 168 N. W. 481.
ing power.-Traverse City v. Michigan Rail-

(C) Contracts of Individuals and Private
Corporations.

62 (Mich.) It is competent for the Legis-
lature to delegate its control over and power
to regulate charges of common carriers oper-
ating within the state to a board or commission
created for that purpose.-Traverse City v.
Michigan Railroad Commission, 168 N. W. 481.
62 (N.D.) The state may delegate to an ad-155 (Mich.) Pub. Acts 1909, No. 300, mak-
ministrative board the power to adopt reason- ing discrimination by common carriers unlaw-
able regulations and to adopt what tests it deems ful, by not exempting from its operation spe-
necessary in order to ascertain the existence of a
cial existing contracts, did not impair the obli-
disease; this not being a delegation of legisla- gation of such contracts; the parties thereto
tive power, but merely relating to a procedure in having contracted, knowing that the state, in
the law's execution.-Neer v. State Live Stock the exercise of its police power, could pass
Sanitary Board, 168 N. W. 601.
laws regulating common carriers within its
borders. Grand Rapids & I. Ry. Co. v. Cobbs
& Mitchell, 168 N. W. 961.

62 (N.D.) Motor Vehicle License Act, § 4,
conferring on the Secretary of State power to
employ agents and incur expense, is unconsti-
tutional as a delegation of legislative power.-
State v. Wetz, 168 N. W. 835.

IX. PRIVILEGES OR IMMUNITIES,
AND CLASS LEGISLATION.

63 (2) (Mich.) The Legislature may dele-207(3) (Minn.) While comity requires en-
gate legislative control over and power to reg-
ulate charges of common carriers within the
range of legitimate municipal purposes to mu-
nicipalities; but, when delegated by a city char-
ter, it must be done in express terms.-Trav-
erse City v. Michigan Railroad Commission,
168 N. W. 481.

(B) Judicial Powers and Functions.

68(4) (Wis.) Legislature having adopted
proper basis of classification, fixing fees for li-
censes, the courts cannot set it aside as unrea-
sonable if there is any reasonable argument to
support it.-Wisconsin Ass'n of Master Bakers
v. Weigle, 168 N. W. 383.

74 (Mich.) The judicial function is limited
to determining whether a particular telephone
rate fixed by the Legislature or its duly au-
thorized agency is reasonable or otherwise.
Traverse City v. Michigan Railroad Commis-
sion, 168 N. W. 481.

forcement in this state of a death statute of
another state, Const. U. S. art. 4, § 2, as to
privileges and immunities, does not require en-
forcement of a foreign statute, which is con-
trary to the public policy of this state.-State v.
District Court, Hennepin County, 168 N. W.
589.

The courts of another state may on equitable
grounds enjoin its citizens from proceeding in
Minnesota courts to enforce a cause of action
given by the statute of the foreign state, with-
out violating the privileges and immunities
clause of United States Constitution.--Id.

X. EQUAL PROTECTION OF LAWS.

230(3) (Wis.) Laws 1917, c. 648, § 7, pro-
viding that amount of license for bakers be
based on baking surface operated, violates Const.
art. 1, § 1, and Const. U. S. Amend. 14, § 1,
in that it exempts bakers subject to license
having less than 20 square feet baking surface

287 (N.D.) Comp. Laws 1913, § 2844, as
amended by Laws 1917, c. 105, requiring owners
or operators of cream stations to take out a
license, and giving Dairy Commissioner author-105) (Neb.) A contract whereby plaintiffs
ity to revoke it, does not deprive licensees of
liberty or property without due process of law.
-Cofman v. Ousterhous, 168 N. W. 826.

312 (Iowa) Where intoxicating liquor and 97(1), (Iowa) A contract being one which
automobile were seized and the liquor destroyed, the parties entering into it were competent to
the obtaining of an ex parte order, restraining make, it requires neither ratification nor
the sheriff from returning the automobile until quiescence to make it effectual.-Little v. Lau-
a full hearing was had, did not deprive the own-bach, 168 N. W. 155.

er of property without due process of law; such II. CONSTRUCTION AND OPERA-
order simply holding matters in statu quo.—
State v. Raph, 168 N. W. 259.

313 (N.D.) Comp. Laws 1913, § 7770, con-
strued as denying a trial by jury in a proceed-176(1) (Mich.) In action for damages for
ing to amerce sheriff, constitutes due process of
law. Albert Solberg & Co. v. Rettinger, 168 N.

that plaintiff fraudulently induced them to in- 90(7) (S.D.) In action on unpaid notes
dorse the notes, have the burden of proving given for shares of stock of plaintiff corpora-
that contention.-Comstock v. Potter, 168 Ntion, held that, rescission not being pleaded or
W. 994.
proven, a verdict should have been directed for
plaintiff.-Independent Harvester Co. v. Lee,
168 N. W. 28.

In a suit for contribution, brought by plaintiff,
who took up notes which he and defendants in-
dorsed, evidence held insufficient to show that
the plaintiff was guilty of any fraud in inducing
defendants to indorse the same.-Id.

CONVERSION.

See Trover and Conversion.

19(1) (Iowa) Where a will probated in one
state provides for the sale of land in another
and distribution of proceeds, the courts of the
state of probate do not get jurisdiction there-
of, nor the laws of such state regarding de-
scents and distributions apply thereto, until
the land has actually been converted into per-
sonal property.-Norris v. Loyd, 168 N. W. 557.
22(2) (Iowa) Under a will providing that
land be sold and the proceeds divided between
named heirs with the approval of the district
court of the county where situated, the dev-
isees may at any time before sale of the
land work reconversion by agreement, thus
terminating the executor's power to sell the
land.-Norris v. Loyd, 168 N. W. 557.

Where a will provides for sale of land and
division of proceeds, the objection that a dev-
isee refused to agree to a reconversion is not
available to one other than a devisee.-Id.

The equitable conversion by a will provision
that land be sold and proceeds divided entitles
any devisee to object to a reconversion; but
an heir, not a devisee, has no such right.-Id.

CO-OPERATIVE ASSOCIATIONS.
See Corporations, 113; Statutes, 113.

CORPORATIONS.

(D) Transfer of Shares.

113 (N.D.) Co-operative association incorpo-
rated under Laws 1915, c. 92, has power to
adopt a by-law that no holder shall transfer
stock without giving it 90 days' notice and op-
tion to purchase it at par, plus accrued and un-
divided dividends.-Chaffee v. Farmers' Co-Op.
Elevator Co., 168 N. W. 616.

Stock certificate of incorporated co-operative
associations, reciting that it was transferable
subject to by-laws, was subject to a by-law for-
bidding transfer without giving association no-
tice and an option to buy; and where holder
violated by-law, purchaser could not compel
officers to transfer stock to him.-Id.

The transfer of corporate stock is generally
regarded as a legitimate subject of legislative
regulation.-Id.

V. MEMBERS AND STOCKHOLDERS.
(A) Rights and Liabilities as to Corpora-

tion.

174 (Iowa) A stockholder sustains a three-
fold relation: First, to the corporation as a le-
gal entity; second, to his fellow stockholders;
and, third, to the creditors of the company.-
Independent Van & Storage Co. v. Iowa Mer-
cantile Co., 168 N. W. 782.

(B) Meetings.

192 (Neb.) Under Const. art. 11b, § 5, Laws
1915, c. 174, granting the right of cumulative
voting to stockholders of corporations not own-
ing or having any equity in the stock of com-
peting corporations, is valid.-State v. Dorches-
ter Farmers' Co-op. Grain & Live Stock Co.,
168 N. W. 643.

See Appeal and Error, 1050, 1062; Bank-
ruptcy, 287; Banks and Banking, 96; Laws 1915, c. 174, granting to stockholders of
Bills and Notes, 137, 139; Carriers; Com- a corporation not owning or having any equity
merce, 46; Constitutional Law, 101; in stock of competing corporations the right
Courts. 516; Electricity; Evidence, of cumulative voting, is not unconstitutional be-
129; Frauds, Statute of, 38, 103, 116; cause not enacting all that Const. art. 11b, § 5,
Gas; Gifts. 29; Insurance, 724; In- intended.-Id.
terest, 39; Landlord and Tenant, 94,200 (Neb.) Laws 1915, c. 174, was intended
95; Limitation of Actions, 195; Master to grant the right of cumulative voting to stock-
and Servant, 66; Municipal Corporations; holders of corporations not owning or having
Railroads; Specific Performance, 70, 121;
any equity in the stock of competing corpora-
Statutes, 64; Street Railroads; Tele- tions.-State v. Dorchester Farmers' Co-op.
graphs and Telephones; Trusts, 95.
Grain & Live Stock Co., 168 N. W. 643.
IV. CAPITAL, STOCK, AND DIVI-
DENDS.

(B) Subscription to Stock.

(D) Liability for Corporate Debts and
Acts.

232(3) Mich.) Under Bankr. Act, § 47, as

80 (10) (Iowa) Where stockholder was in-amended by Act June 25, 1910 (U. S. Comp.
duced to subscribe by misrepresentations, and
within 60 days, in action against company, cer-
tain stockholders petitioned for receivership,
and defrauded stockholder was not guilty of
laches in intervening within 5 weeks to rescind
his subscription and recover money and notes

in hands of receiver, he is entitled to relief.-In-
dependent Van & Storage Co. v. Iowa Mercan-
tile Co.. 168 N. W. 782.

St. 1916, § 9631), the trustee in bankruptcy
cannot, because of issuance of stock in ex-
change for property at an overvaluation, recov-
er of the stockholder for those creditors who
dealt with the corporation with knowledge of
the facts.-Courtney v. Youngs, 168 N. W. 441.

VI. OFFICERS AND AGENTS.
(C) Rights, Duties, and Liabilities as to
Corporation and Its Members.

cers acted for themselves and the corporation
contracting between it and other parties can
complain.-F. P. McKay Co. v. Savery House
Hotel Co., 168 N. W. 295.

80(12) (Iowa) Where agent of corporation
to stock made false representations as to prof-314(5) (Iowa) Only corporation whose offi-
its and contracts in inducing plaintiff to sub-
scribe, if plaintiff sued company alone, seeking
rescission and recovery of his notes, he would be
entitled to relief.-Independent Van & Storage
Co. v. Iowa Mercantile Co., 168 N. W. 782.
Where it appears that stockholder, induced to
subscribe by misrepresentations, and seeking
rescission and recovery of notes and money
against receiver of insolvent company, has done
no wrong, and is insisting only on his legal
right, he will not be defeated, except on show-
ing innocent person will suffer.-Id.

316(1) (Iowa) Directors of association lim-
ited in power to borrow who personally borrow-
ed to obtain funds for the business and inveigled
shareholder into becoming their surety, can-
not complain if his obligation be construed
strictly and be not extended by implication.--
Foley v. Lyman, 168 N. W. 153.

Where directors of association limited in pow-