EX POST FACTO LAWS. EXTRADITION. The right of a person extradited under the treaty of 1890 with Great Britain to have a reasonable time to return to his own country after his discharge from custody or imprisonment on account of the offense for which he is extradited, before he can be arrested for any other offense committed prior to his extradition, is not lost or waived by going to his own country and voluntarily returning while at liberty on bail before his final discharge in the case for which he was extradited. Cosgrove v. Winney, 897 1. Jurisdiction in garnishment of a debt due to a nonresident creditor may be acquired without service on him except by publication so as to make a judgment against him valid and entitle it to full faith and credit in other states. Chicago, R. I. & P. R. Co. v. Sturm, 1144 2. The appointment of a garnishee as receiver, with the consent of all parties then in the case, before the expiration of the time for taking issue on his answer, precludes the necessity of traversing the statements in his answer, which allege his individual right to the possession of the property. Central Loan See APPEAL AND ERROR, II. c; COURTS, & T. Co. v. Campbell Commission Co. FEDERAL QUESTION. 14, 15. FIELD. Mr. Justice, death of FIRE. 623 3. The failure to traverse the answer of a garnishee, which, by Okla. Stat. 1893, § 12304085, makes it conclusive of the truth of the fact therein stated, does not make it con See CARRIERS, 2; CONSTITUTIONAL LAW, clusive as to statements made by an inter 13; RAILROADS. FISHERIES. See SEAL FISHERIES. FUR SEALS. See SEAL FISHERIES. 1195 plea, wholly independent and distinct from the garnishment, setting up his individual right to the possession of the property. Id. GUARDIAN AND WARD. See also CONTRACTS, 5; CORPORATIONS, 5; COURTS, 1. The mere investment of the Confederate funds or currency of a ward in bonds of the Confederate states by a guardian, when both were residents within the Confederate lines, should be deemed a transaction in the ordinary course of civil society, and not illegal as a transaction to aid in the destruction of the government of the Union. Baldy v. Hunter, 208 HABEAS CORPUS. See also APPEAL AND ERROR, 9, 34. 1. A conviction cannot be reviewed by abeas corpus on the ground that the judge before whom the trial was had had no right to exercise the judicial functions, where he was acting with color of authority. Ex parte Ward, 765 2. Federal courts will not interfere by habeas corpus with the trial of indictments found in state courts, on the ground that the state statutes are repugnant to the Federal Constitution, laws, or treaties, unless there are exceptional or extraordinary circumstances to require it. Fitts v. McGhee, 535 3. The refusal to permit counsel engaged by a prisoner to have a consultation with him before the district attorney had seen him and examined him is not ground for attacking a conviction by habeas corpus, when the prisoner waived examination before a commissioner, and was represented on the trial by counsel assigned to him at his own request, and the statement made by him to the district attorney was voluntary and was not put in evidence, and no objections were raised to questions asked him on the stand as to what he said on that occasion, and no witnesses were called to contradict his answers. Andersen v. Treat, 351 HARTER ACT. See DAMAGES, 5; SHIPPING. HEIRS. See CLAIMS, 2. HERSCHELL. Baron, death of HEWITT ACT. See CONTRACTS, 3. HIGHWAYS. the act of Congress of March 3, 1891, for allowance of the claims of Pottawatomie Indians for depredations committed "by others" upon their property. United States v. Navarre, 620 2. The record of a deed from an Indian without the approval of the President, which is necessary for a valid conveyance, constitutes notice of the title to subsequent purchasers, under the Illinois conveyancing act, § 30, making an unrecorded deed void as to max v. Pickering, creditors and subsequent purchasers. Lo INDICTMENT. See also APPEAL AND ERROR, 72. 601 3. An indictment in the language of U. S. Rev. Stat. § 3296, charging the concealment of distilled spirits on which the tax had 1230 not been paid, which had been removed to a place other than the distillery warehouse provided by law, is sufficiently certain and sufficiently alleges the existence of a warehouse provided for such spirits. Pounds v. United States, See also CONSTITUTIONAL LAW, 20, 21, 30; PUBLIC IMPROVEMENTS, 2; STREET RAILWAYS. Easements in the public streets, given in perpetuity and in monopoly, must have for their authority explicit permission, or if inferred from other powers, it is not enough that the authority is convenient to them, but it must be indispensable to them. Detroit Citizens' Street R. Co. v. Detroit R. Co. 67 HOMESTEAD. See PUBLIC LANDS, 5. HOMICIDE. See CRIMINAL LAW, 2. ILLEGITIMACY. See DESCENT AND DISTRIBUTION. IMPORTS. See DUTIES. INCREASE. See MORTGAGE, 1. INDIAN DEPREDATIONS. 62 See also CLAIMS, 7-10; EVIDENCE, 16; White V. Butler, INDIANS. See also APPEAL AND ERROR, 3, 19, 58, 76; CONSTITUTIONAL LAW, 2. 1. Depredations by other Indians as well as by white men are within the provision of 199 204 3. The discretion of the executive department in respect to assigning one person to work in place of another, even if this does not constitute a removal of the latter from office, will not be interfered with by a court of equity. White v. Berry, 199 Against tax or assessment. 5. Provision for a review and correction by the circuit court of a county, of an assessment for taxes made by the board of public works, affords such a convenient and adequate remedy for any error in the taxation as will preclude an injunction against collecting the tax. Pittsburgh, C. C. & St. L. R. Co. v. Board of Public Works, 354 6. The collection of taxes assessed under the authority of a state is not to be restrained by a writ of injunction from a court of the United States, unless it clearly appears, not only that the tax is illegal, but that the owner of the property taxed has no adequate remedy by the ordinary processes of the law, and that there are special circumstances bringing the case under some recognized head of equity jurisdiction. Id. 7. An injunction against a special assess ment which is illegal because it rests upon a basis that excludes any consideration of benefits should enjoin the whole assessment, without considering whether the amount is in excess of the special benefits to the property or not. Norwood v. Baker, 443 8. Payment or tender of the amount of benefits received from an improvement is not necessary in order to obtain an injunction against an illegal assessment which is based on a rule or system that has no reference to special benefits. Id. tary of the Treasury; and in the absence of such regulations the right cannot exist. 616 Dunlap v. United States, 2. The stamp tax imposed by the war revenue act of 1898 on sales at exchanges or boards of trade is not a direct tax which the Constitution requires to be levied by the rule of apportionment, since it is not a tax upon the business itself, or upon the property sold, or upon sales generally, but is in effect a duty or excise laid upon the privilege, opportunity, or facility offered at the board of trade or exchange. Nicol v. Ames, 786 3. The stamp tax on sales at exchanges or boards of trade, being uniform throughout the United States and upon all who avail themselves of the privileges or facilities offered at the exchanges, does not violate the constitutional rule of uniformity merely because sales elsewhere are not taxed and the tax is imposed on the seller only, and not the purchaser, and the tax is not imposed on the use of the privilege under all circumstances. Id. 4. Union stockyards which answer all the purposes of an exchange or board of trade for live-stock business are "similar" to boards of trade or exchanges, within the meaning of the provision of the war revenue law imposing stamp taxes on sales at such places. Id. INTERSTATE COMMERCE. See COMMERCE. INTERVENTION. The failure of an unsecured creditor to intervene at the first instant on a bill for the foreclosure of a railroad mortgage filed in the avowed interest of all creditors without taking any action to notify them or bring them into court, will not be a fatal delay or neglect which will prevent relief against a foreclosure by collusion to cut off unsecured creditors. Louisville Trust Co. v. Louisville, N. A. & C. R. Co. 1130 1230 INTOXICATING LIQUORS. BANKRUPTCY; BANKS, 2; EVIDENCE, 4; TRIAL, 6. INSPECTION. See COMMERCE, 2, 6, 7. INSURANCE. See CONSTITUTIONAL LAW, 15, 23. INTENDANT. See PRIVATE LAND CLAIMS, 6. INTEREST. See USURY. INTERNAL REVENUE. See also INDICTMENT, 3. See INDICTMENT, 3; INTERNAL REVENUE, 1. JUDGMENT. See also ACTION OR SUIT, 4; CRIMINAL 1. An application for an appeal never allowed or perfected will not prevent the judg. ment from being res judicata. Hubbell v. United States, 136 2. The dismissal of a case upon an opinion filed and certain findings of fact will be presumed to have been upon the merits, and to cover every question put of issue by the Id. pleadings. 1. Rebate or repayment of the tax paid by a manufacturer on alcohol used in the arts is authorized by the act of Congress of August 28, 1894, § 61, only when the alcohol is used 3. The dismissal of a suit for infringeunder regulations prescribed by the Secrement of a patent is a complete estoppel in 171, 172, 173, 174 U. S. 1256 7. A decision establishing the existence of an irrevocable contract of exemption or limitation of taxation for the term of the charter of a corporation is not res judicata as to such exemption after that charter is renewed. Third Nat. Bank v. Stone, 1035 Louisville v. Citizens' Nat. Bank, 1037 11. The jurisdiction of a state court is open to inquiry in a Federal court sitting in the same state, when the judgment of the state court comes under consideration therein. Cooper v. Newell, JUDICIAL NOTICE. See EVIDENCE, 1-6. JURISDICTION. 808 On Appeal, see APPEAL AND ERROR. MENT, 1. JURY. LIBEL. See also EVIDENCE, 17, 22; PRIZE, 6. Id. of its general manager in writing a personal 1. A gas company is not liable for the act letter, which he copied into the official copybook in the company's office, and which was used as the basis of a libelous publication respecting the testimony of the former manager of the company as to the price of gas. Washington Gaslight Co. v. Lansden, 543 2. The writer of a letter which is used as the basis of a libel and is written for that purpose cannot escape liability therefor because of the fact that other matters, not contained in his letter, are included in the same article as published. LIENS. Id. See APPEAL AND ERROR, 32; CLAIMS, 2; LIMITATION OF ACTIONS. 1. The cumulative disability of an heir of a woman who died during coverture cannot arrest the running of the statute of limitations. Davis v. Coblens, 1147 2. A delay of nine years and four months is not fatal to a suit to annul a foreclosure on the ground of fraud, where the plaintiff is an ignorant colored woman, defrauded by one in whom she placed entire confidence, who assumed to act as her agent and pro See CONSTITUTIONAL LAW, 10, 27; fessed that the sale was in her interest, and TRIAL, 1-5. JUSTICE OF THE PEACE. See APPEAL AND ERROR, 2; TRIAL, 2-4. LANDLORD AND TENANT. See also SET-OFF. 1. The mere payment of rent under a lease by a city of batture, which is subject to a suspensive condition, does not change the nature of the condition or work an estoppel. New Orleans v. Texas & P. R. Co. 178 2. A lease by a city of batture to a railroad company in order to permit the exten who obtained title for little more than a nominal sum by the false personation of a fictitious person, when he still controls and probably owns the property, the situation of which has not materially changed, and there has been no rapid rise in value or the intervention of the rights of any bona fide pur606 chaser. McIntire v. Pryor, LIS PENDENS. The pendency of a foreclosure suit in a Federal court, in which the decree saves the rights secured by a prior mortgage, does not interfere with the negotiation of bonds The power to establish rules and regulations with respect to the Washington Market Company, incorporated by the act of Congress of May 20, 1870, is given by § 16 to the city government, and not to the market company. Washington Market Co. v. District of Columbia, MARSHAL. 478 1. Lines of a junior lode location may be laid within, upon, or across the surface of a valid senior location, for the purpose of defining for or securing to such junior location underground or extralateral rights not in conflict with any rights of the senior location. Del Monte Min. & M. Co. v. Last Chance Min. & M. Co. 72 2. The end lines of a lode mining claim under the act of 1866 must be straight, whether they need to be parallel or not. Walrath v. Champion Min. Co. 170 3. The end lines of a mining claim under the act of 1866 must be the end lines of all the veins found within the surface boundaries, which are given to the locator by the act of 1872. Id. 4. The only exception to the rule that the end lines of a location as the locator of a lode mining claim places them establish the limits beyond which he may not follow the vein on its course or strike is where it is developed that in fact the location has been placed, not along, but across, the course of the vein. In such case what he calls the side lines are to be deemed his end lines, and the so-called end lines are in fact side lines. Del Monte Min. & M. Co. v. Last Chance Min. & M. Co. 72 5. Every vein the top or apex of which lies inside the surface lines of a lode mining See APPEAL AND ERROR, 15; REWARD, 1, claim extended downward vertically belongs 3. Ex pacto illicito non oritur actio. McMullen v. Hoffman, 1117 4. Expressio unius est exclusio alterius. Walla Walla v. Walla Walla Water Co. 341 to the locator, and may be pursued by him to any depth beyond his vertical side lines, although in doing so he enters beneath the surface of some other proprietor. Id. 6. The right to follow a vein on the dip is limited by the end lines of the claim, in case of a patent under the act of 1866 as well as in case of a location under the act of 1872. Walrath v. Champion Min. Co. 170 7. The conditions upon which extralateral rights may be acquired by locators of mining claims having been prescribed by those conditions, or else be limited to the Congress, a party must bring himself within mineral beneath the surface of his territory. Del Monte Min. & M. Co. v. Last Chance Min. 72 & M. Co. 8. The right to follow a vein on its dip beyond the vertical side line of the location is not limited to cases in which the apex of |