8. Id. Form of Reversal. Effect on liability to refund of
decree reversing the injunction decree without prejudice to
future suit under changed conditions. Id.
9. Id. Interest. Interest on such overcharges. Id.
INJUNCTION BONDS. See Injunction, 2-9.
INSOLVENCY. See Bankruptcy Act.
INSPECTION. See Meat Inspection Act.
Validity of state inspection fees, under commerce clause.
See Constitutional Law, II, 10.
Judge not obliged to adopt exact language of instructions
requested, or repeat instructions already given in substance.
Sugarman v. United States..
INSURANCE. See Corporations, 2.
INTENT. See Constitutional Law, IV, 2; Criminal Law, 3,
6, 9, 11, 16, 17; Evidence, 4; Interstate Commerce, 3, 6.
INTEREST:
On judgments; power of legislature. See Judgments, 8-11.
On excess rates collected under erroneous injunction. See
Injunction, 9.
Under constitution and laws of South Dakota, interest re-
ceived by state treasurer on state funds deposited by him in
bank belongs to State, and treasurer must account therefor.
South Dakota v. Collins..
INTERNAL REVENUE. See Taxation, II, 4, 5; III.
INTERNATIONAL LAW. See Treaties.
Order of President continuing in force for government of
Canal Zone" the laws of the land, with which the inhab-
itants are familiar," was construed by Government as in-
cluding Civil Code of Panama, and was followed by act of
Congress ratifying laws and orders promulgated by Pres-
ident. Held, that order merely embodied rule that change
of sovereignty does not end existing private law, and that
act neither fastened upon Zone a specific civil-law interpreta-
tion of Code nor overthrew principle of common-law con-
struction adopted and applied by Supreme Court of Zone
before act was passed. Panama R. R. v. Bosse . . . .
INTERPRETATION. See references under Construction.
INTERSTATE COMMERCE. See Constitutional Law, II.
1. Test of. Interstate commerce is a practical conception,
and what falls within it must be determined upon considera-
tions of established facts and known commercial methods.
Public Utilities Comm. v. Landon ...
2. Id. Piping and Sale of Gas. While piping of natural gas
from State to State, and its sale and delivery to independent
local gas companies, is interstate commerce, retailing of gas
by latter to consumers is intrastate commerce and not a con-
tinuation of such interstate commerce. Id.
3. Question of Fact, not Expectation or Intent. Movement of
rough lumber to place in same State, to be manufactured,
in expectation that products will be marketed and shipped
outside State, not interstate commerce. Arkadelphia Co. v.
St. Louis S. W. Ry....
4. Id. Whether shipment was at given time interstate is
question of fact. Southern Pac. Co. v. Arizona...
5. Id. Evidence held insufficient to prove that traveling
show was moving interstate, at time of proceedings before
state commission, to require transportation within State
and fix rate. Id.
6. Id. Mere intention to continue tour beyond State where
show was performing, held not enough to give interstate
character to contemplated journey within State. Id.
7. Shoveling Snow, between track and platform, employment
in interstate commerce, within Federal Employers' Liability
Act. New York Cent. R. R. v. Porter..
INTERSTATE COMMERCE ACTS. See Boiler Inspection
Act; Employers' Liability Act; Food, 2; Hours of Serv-
ice Act; Intoxicating Liquors, 1; Meat Inspection Act;
Safety Appliance Act.
1. Rates; Power of Commission. Rates reduced with ap-
proval of Commission because of water competition may be
increased with its approval without finding that increase
rests on changed conditions other than elimination of water
competition. Skinner & Eddy Corp. v. United States...... 557
INTERSTATE COMMERCE ACTS-Continued.
2. Id. Long and Short Haul. Orders under § 4, as amended
in 1910, granting relief from long and short haul clause, sub-
ject to future modification by Commission without applica-
tion by carrier. Id.
3. Jurisdiction; Enjoining Commission. A suit to enjoin an
order claimed to be beyond powers of Commission may be
entertained without preliminary application for relief to the
Commission. Id.
4. Id. Venue. Under jurisdictional Act of Oct. 22, 1913,
suit to enjoin order of Commission increasing rates pre-
viously fixed on an application under long and short haul
clause, may be brought in the district of residence of a de-
fendant carrier who joined in original application. Id.
5. Carmack Amendment; Proof of Loss. In action against in-
itial carrier for goods lost on connecting line shipper need
not prove loss" caused by "connecting carrier. Chicago &
E. I. R. R. v. Collins Produce Co...
186
6. Id. Defendant initial carrier introducing shipper's dep-
ositions of conversations with connecting carrier's agents
estopped to object that agents were not identified. Id.
7. Carmack Amendment; Written Claim of Loss. Bill of
lading may condition carrier's liability for damages on serv-
ice of written claim within 5 days after removal of stock from
cars. Balt. & Ohio R. R. v. Leach..
8. Id. Condition not waived or satisfied by oral notice to
connecting carrier's agents. Id.
INTERSTATE COMMERCE COMMISSION. See Inter-
state Commerce Acts.
INTERVENTION. See Bankruptcy Act, 8; Injunction, 7.
INTOXICATING LIQUORS:
1. Reed Amendment, prohibiting transportation "into"
any State the laws of which prohibit manufacture, etc., does
not preclude transportation through such State to another.
United States v. Gudger....
2. One who acquires liquor after approval and before effect-
ive date of state law making its possession unlawful is not
INTOXICATING LIQUORS—Continued.
deprived by the law of property without due process. Bar-
bour v. Georgia....
3. Presumption that liquor was acquired between those
dates when date of acquisition not shown. Id.
4. Quare: Whether law would be constitutional as applied
to one who acquired liquor before enactment. Id.
INVENTIONS. See Patents for Inventions.
JOINT STOCK ASSOCIATION:
Under Income Tax Law. See Taxation, II.
JUDGMENTS. See Injunction.
Finality. See Jurisdiction, III, 8, 23, 24.
Scope and form of decrec. See Procedure, VI.
Full faith and credit. See Constitutional Law, V.
Findings of Court of Claims. See Procedure, V, 7-9.
Administrative decisions. See Interstate Commerce
Acts, 1-4; Meat Inspection Act, 3, 6–9; Mines and
Mining, 5; Public Lands, 5, 7; Taxation, III, 1.
1. Adjudication of Bankruptcy; Effect. Concludes all the
world as to status of debtor qua bankrupt, but does not
bind strangers as to facts or subsidiary questions of law upon
which it is based. Gratiot State Bank v. Johnson........
2. Reversal; Effect on Power to Assess Damages. Effect of
reversal of erroneous injunction decree, on power to assess
damages under injunction and preliminary injunction bonds,
the mandate allowing further consistent proceedings and
reversed decree reserving right to make future orders. Ar-
kadelphia Co. v. St. Louis S. W. Ry..
3. Id. Second Appeal. When supplementary proceedings
in District Court, after reversal, are part of main cause, di-
rectly appealable to this court. Id.
4. Id. Effect of failure to assign error and appeal from part
of original decree releasing preliminary injunction and dis-
charging sureties. Id.
5. Reversal; When Conclusive. Decree reversing injunction
of state rates with directions to dismiss bill, conclusive as to
their general adequacy and right of shippers to recover excess
collected under injunction, though without prejudice to fur-
ther suit under changed conditions. Id.
6. Against Revenue Collector; Satisfaction by United States.
Where tax sustained by Commissioner of Internal Revenue
and its invalidity under statute not clear, there is probable
cause for its exaction by collector, and under Rev. Stats.,
§ 989, in an action against him, recovery will be from United
States. Crocker v. Malley...
7. Id. Set-off. Where collector, with probable cause, col-
lects excessive tax, amount due United States should be de-
ducted from recovery, in an action against him, and such de-
duction will conclude United States. Id.
8. Interest on; Power of Legislature. Revivor to escape stat-
ute of limitations adds no new efficacy to judgment with re-
spect to power of legislature to stop running of interest.
Missouri & Arkansas Lumber Co. v. Sebastian County...... 170
9. Id. Interest on judgments, when subject to legislative
termination. Id.
10. Id. Statutory interest on judgments not contractual,
but penalty or liquidated damages. Id.
11. Id. Quære: As to judgment on contract stipulating for
interest. Id.
12. Allowing Further Proceedings. Dismissal of bill for in-
junction without prejudice to further proceedings for dam-
ages. United Railroads v. San Francisco..
13. Stare Decisis. What is said in an opinion upon point
not properly involved cannot control in subsequent case
where very point is presented for decision. Union Tank
Line Co. v. Wright....
JUDICIAL CODE. See Jurisdiction.
JUDICIAL DISCRETION. See Criminal Law, 14; Man-
1. Use of horse-hair mats in extracting oil. Werk v. Parker 130
2. Danger of fire spreading from timber débris to nearby
watersheds. Perley v. North Carolina....
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