INDEX.

ABANDONMENT. See Trade Marks, 4.

ABATEMENT AND SUBSTITUTION:

Page.

1. Dissolution of Corporation. At common law, and by rule
in federal courts, dissolution of corporation abates litigation
in which it is necessary party. Okla. Gas. Co. v. Okla..... 257
2. Id. Substitution. Showing required. Id.

3. Id. Appearance of liquidating trustees on motion for. Id.

ACCOUNTING. See United States, 2.

ADMIRALTY:

1. Limited Liability. All claims adjudicable in rem and in
personam when petition to limit liability denied. Hartford
Ind. Co. v. Sou. Pac. Co... . .

2. Id. Stipulation ad Interim, takes place of ship and freight.
Stipulator must pay amount into court for application to
claims and costs where prayer for limited liability denied.
Id.

207

3. Harter Act. Barge and tug transporting merchandise
constitute one "vessel." Sac. Nav. Co. v. Salz...... ..... 326
4. Id. Contract held of affreightment rather than towage
and affreightment. Id.

ADMISSIONS. See Aliens, 3.

AFFIDAVIT. See Criminal Law, 5, 8-9.

AGENCY. See Indians, 1.

ALIEN PROPERTY CUSTODIAN. See Trading with the
Enemy Act.

ALIENS:

1. Immigration Proceeding. Effect of erroneous conclu-
sion; or of admission of incompetent evidence. Vajtauer
v. Commr...

2. Id. Habeas Corpus. How far evidence reviewed. Id.

103

787

ALIENS-Continued.

3. Id. Admissions and silence of alien as proof of identity
and membership in excluded class. Id.

4. Id. Not unfair because of delay, absence of applicant's
friend or relative, if waived, or introduction of testimony
taken by inspector, if not objected to. Quon Quon Poy
v. Johnson....

5. American Citizenship, of applicant for entry who has
never resided in United States, determinable without judicial
hearing. Id.

AMENDMENT. See Jurisdiction, III, 12.

ANTI-TRUST ACTS:

1. Clayton Act; Venue of Suit; Service. Suit brought in
federal court in any district in which corporation transacts
business; service in district in which it resides or is "found."
Eastman Co. v. Sou. Photo Co.......

2. Id. What constitutes transaction of business. Id.
3. Id. Power of Congress to fix venue. Id.

4. Monopoly. Intent to perpetuate, in refusing to allow re-
tailers' discount, inferable from circumstances. Id.

5. Refusal to Allow Retailers' Discount, not justified by con-
tract of retailer to handle goods of competing maker, not
known to monopolist. Id.

6. Lost Profits. How measured and proved. Id.

7. Price Fixing. Violates Sherman Law whether prices fixed
reasonable or unreasonable. U. S. v. Trenton Co..............

8. Conspiracy; overt acts, jurisdiction. Id.

9. Competition, existence of, how proved. Id.

APPEARANCE. See Criminal Law, 7.

ARREST. See Constitutional Law, II, 1, 4; VI, 1; Jurisdiction,
III, 8, 9; Jury, 4.

ASSIGNMENT OF ERROR. See Procedure, 8.

ATTACHMENT. See Constitutional Law, II, 4, 6.

ATTORNEYS. See Indians, 1.

Power of Court to require showing of authority to appear.
Pueblo v. Fall...

Page.

352

359

392

315

AUTOMOBILE. See Contracts, 4.

BANKRUPTCY:

1. Composition, with partnership creditors respecting only
partnership debts, does not discharge partners from separate
obligations as endorsers of partnership notes. Myers v.
Trust Co......

2. Id. Personal liability of partner as endorser of firm note
not released by creditor's acceptance of his share of payment
made under composition with firm. Id.

BANKS. See National Banks.

BILL OF LADING. See Interstate Commerce Acts, I, 1-3.

BILL OF PARTICULARS. See Criminal Law, 10.

EILLS AND NOTES. See Bankruptcy.

BOUNDARY. See Procedure, 1.

BRIEF. See Procedure, 8.

BURDEN OF PROOF. See Constitutional Law, IX, (2), 4.

CANCELLATION. See Claims, 2; United States.

CARRIERS. See Constitutional Law, V, 1-4; IX, (2), 3, 4;
Interstate Commerce Acts; Taxation, I, 3.

CERTIFICATION. See Public Lands, 3.

CERTIORARI. See Procedure, 3, 11.

CITIZENS. See Aliens, 5.

CLAIMS. See Admiralty, 1-2; Interstate Commerce Acts, I, 3;
Railroads; Sales.

Page.

380

1. Dent Act, gave no cause of action on contracts made with-
out authority, or on dealings short of contract. Reed's Sons
v. U. S....

200

2. Cancellation of Contract. Claims growing out of not
affected by later agreement made without prejudice. Bar-
rett Co. v. U. S......

227

3. Id. Just Compensation, how measured. Id.

CLAIMS-Continued.

4. Loss of Anticipated Profits, due to changes made by Gov-
ernment, not claimable where contract provides remedy by
extension of time to perform. Davis Co. v. U. S........
5. Sale. Refusal of Government to accept goods; measure
of damages. U. S. v. Burton Co......

Page.

325

337

CLAYTON ACT. See Anti-Trust Acts, 1-3.

COMITY. See Public Utilities, 2.

COMMISSIONER. See Procedure, 1.

COMPENSATION. See Claims, 3.

COMPETITION. See Anti-Trust Acts, 9; Evidence, 5.

CONFLICT OF LAWS. See Trade Marks, 1–3.

CONFORMITY ACT. See Jurisdiction, III, 11.

CONSPIRACY. See Anti-Trust Acts, 8; Criminal Law, 1,
15-17.

CONSTITUTIONAL LAW:

I. In General, p. 790.

II. Powers of Separate Houses of Congress, p. 790.
III. Indians, p. 791.

IV. Taxing Power, p. 791.

V. Commerce Clause, p. 791.
VI. Fourth Amendment, p. 792.

VII. Fifth Amendment, p. 792.

VIII. Sixth Amendment, p. 793.

IX. Fourteenth Amendment, p. 793.

Privileges and Immunities. See IX, infra.

See Jurisdiction, II, (2), 2.

I. In General.

Construction. Provisions for security of person and prop-
erty construed liberally. Byars v. U. S......

II. Powers of Separate Houses of Congress.

1. Compelling Testimony in Aid of Legislation. Fact that
the subpoena, and contumacy, related only to testimony

28

CONSTITUTIONAL LAW-Continued.

sought by committee, is not valid objection to resolution of
the Senate, and warrant issued thereon, requiring defaulting
witness to appear before bar of Senate itself, and give
desired testimony. McGrain v. Daugherty.....

2. Id. Each house has not only powers expressly granted, but
also such auxiliary powers as are necessary and appropriate
to make the express powers effective; but neither is invested
with "general" power to inquire into private affairs and
compel disclosures. Id.

3. Id. Right of Witness, to refuse to answer where bounds
of power are exceeded or questions not pertinent to matter
under inquiry. Id.

4. Id. Resolutions of Senate; presumption of valid purpose;
subpoenas from Committee; attachment of contumacious
witness; form of warrant; service by Deputy Sergeant at
Arms. Id.

5. Id. Not valid objection to such investigation that it might
diclose wrong-doing or crime by public officer named in the
resolution.

Id.

6. Id. Effect of expiration of Congress on outstanding at-
tachment of witness. Id.

7. Id. Senate a continuing body. Id.

III. Indians.

Allotments. Power of Congress to remove restriction on
alienation. Jones v. Oil Co......

IV. Taxing Power.

Page.

135

.... 195

1. Federal Estate Tax. Constitutional and superior to any-
thing to contrary in constitution or law of a State. Florida
v. Mellon....

2. Uniformity. Satisfied when by provisions of tax law rule
of liability under it is same in all parts of the United
States. Id.

V. Commerce Clause.

12

1. Bills of Lading. Regulatory power of Congress. Mo.
Pac. R. R. V. Porter.

341

2. State Highways. Power of state to regulate use. Int.
Busses Corp. v. Holyoke Ry.....

45

3. Id. Motor Buses. Regulation of consistent with inter-
state commerce. Id.