171 0.'s. 578 620

Notes on U. S. Reports.


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810, mere traffic agreement between railroads for proportionate division of freight charges does not constitute partnership.

Commerce.- Congress may probibit combinations to prevent competition for interstate commerce, p. 570.

Approved in Addyston Pipe, etc., Co. v. United States, 175 U. S. 228, 20 S. Ct. 103, “liberty” includes right to contract.

Commerce.- Congress may prohibit combinations to establish interstate commerce rates, although rates be reasonable, p. 570.

Approved in State v. Firemen's Fund Ins. Co., 152 Mo. 47, 52 S. W. 608, 45 L. R. A. 377, upholding acts of 1895, p. 237, prohibiting pools and trusts; Bailey v. Association, Tenn, -, 52 S. W. 854, by-law of plumbers' association, calculated to prevent competition, is invalid.


171 U. S. 578–604, 19 S. Ct. 40, HOPKINS v. UNITED STATES.

Commerce.- Commission merchants selling stock consigned from other States are not engaged in interstate commerce and may combine to fix charges, p. 588.

Distinguished in Addyston Pipe, etc., Co. v. United States, 176 U. S. 243, 20 S. Ct. 108, Addyston Pipe Company is an unlawful combination.

Commerce.- By-laws of Kansas City Live-Stock Exchange, fixing commissions, etc., are not in restraint of commerce, p. 589.

Approved in Anderson v. United States, 171 U. S. 612, 19 S. Ct. 52, 53, like case, dealing with Traders' Live-Stock Exchange of Kansas City.

Commerce.- Agreement or State legislation only incidentally affecting interstate commerce is valid, p. 594.

Approved in United States v. Joint-Traffic Assn., 171 U. S. 568, 19 S. Ct. 31, and Anderson v. United States, 171 U. S. 615, 19 S. Ct. 64, to come within provisions of statute direct effect of agreement must be in restraint of interstate or foreign commerce.

Commerce.- Dealing in cattle in yards partly in one State and partly in another is not interstate commerce, p. 603.

Commerce.- Livestock exchange open to all, and forbidding business with non-members, does not restrain commerce, p. 603.

171 U. S. 604-620, 19 S. Ct. 50, ANDERSON v. UNITED STATES.

Commerce.- Dealing in cattle, in yards partly in Kansas and partly in Missouri, is not interstate commerce, p. 612.

Commerce.- Live-stock exchange, open to all, and forbidding dealings with non-members, does not restrain commerce, p. 613.

Distinguished in Addyston Pipe, etc., Co. v. United States, 175 U. S. 244, 20 8. Ct. 108, Addyston Pipe company is an unlawful combination.


Notes on U. S. Reports.

171 U. S. C20-050

Commerce.- Agreements to properly regulate business are not prohibited by act of 1890 unless commerce is restricted, p. 616.

Distinguished in Addyston Pipe, etc., Co. v. United States, 175 U. S. 243, 20 S. Ct. 108, agreements to refrain from competition and for bonns, are invalid.

171 U. S. 620-631, 19 S. Ct. 36, NORTHWESTERN BANK v. FREE

MAN. Chattel mortgage of given number of articles out of larger pumber is valid as against those with notice, p. 628.

Chattel mortgages.- Purchaser of mortgaged property is charge able with notice of facts recorded or suggested by record, p. 629.

Animals.- Chattel mortgage of animals covers increase, p. 630. Not cited.

171 U. S. 631-638, 19 S. Ct. 56, BROWN v. UNITED STATES.

Court in Indian Territory is not Circuit or District Court of United States, p. 637.

Supreme Court. cannot review capital cases from United States court for northern district of Indian Territory, p. 638.

Approved in Stephens v. Cherokee Nation, 174 U. S. 482, 19 S. Ct 735, appeals to Supreme Court extend only to constitutionality or validity of legislation affecting citizenship or allotment of lands.

171 U. S. 638-641, 19 S. Ct. 35, NÆGLIN V. DE CORDOBA.

Courts.- Order signed in vacation by several members of territorial court is not order of court, p. 640.

Guardian.- Natural guardian cannot release ward's claim to idheritance without judicial sanction, p. 641.

Not cited.

171 U. S. 641-650, 19 S. Ct. 64, PIERCE v. SOMERSET RY.

Supreme Court will not review State decision on ground broad enough to eliminate Federal question, p. 648.

Reaffirmed in Seeberger v. McCormick, 175 U. S. 280, 20 S. Ct. 130.

Courts.- Question whether party has waived rights under Federal Constitution is not Federal, p. 648.

Courts. Whether statute impairs contract is Federal question; but whether party 18 estopped to so plead is not, p. 648.

Cited in dissenting opinion in Meyer v. Richmond, 172 U. S. 101, 19 S. Ct. 114, arguendo.

171 U. 8. 650, PIERCE v. AYER.

Adjudged in conformity with preceding case, q. V.

171 U. S. 650-683

Notes on U. S. Reports.


171 U. 8. 650-658, 19 8. Ct. 61, ST. LOUIS MINING, ETC. CU. V.

MONTANA MIN. CO. Courts.- Where there is color for motion to dismiss writ to Stato court, Supreme Court may dispose of case on motion to dismiss or affirm, p. 654

Mines.- Adverse claimant to mining claim may bind himself to convey after patent is issued to him, p. 655.

Mines.— Valid location gives locator right which he may mortgage or sell at pleasure, p. 655.

Not cited.


171 U. S. 658–683, 19 S. Ct. 58, NEW YORK V. ROBERTS.

Federal courts will follow State court's construction of Stato statute, p. 661.

Tax on foreign corporation, estimated on franchise and capital stock used in State, does not deny equal protection if equality of exemption is provided, p. 662.

Commerce. - Tax on corporation, based amount of capital used in State, is not regulation of commerce, p. 665.

Approved in Scottish Union, etc., Ins. Co. v. Herriott, 109 Iowa, 616, 77 Am. St. Rep. 555, 80 N. W. 669, tax on business of foreign corporations, imposed as condition of doing business in State, need not be uniform on all engaged in same business.

Courts.- Question of individual's relation to corporation is not Federal, p. 684.

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