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CANCELLATION. See Banks and Banking.

CARMACK AMENDMENT.

See Interstate Commerce

Acts, 5-8.

PAGE

CARRIERS. See Boiler Inspection Act; Employers' Liabil-
ity Act; Interstate Commerce Acts; Safety Appli-
ance Act.

Street railways. See Eminent Domain, 1, 2; Franchises;
Jurisdiction, III, 21.

Transportation of troops. See Army, 2.

Transportation of mails. See Mails.

Review of rates fixed by State. See Jurisdiction, III, 10.
Liability to refund to shippers rates collected under erro-
neous injunction. See Injunction, 5–9.

Liability of sureties on injunction bond. See Injunction,
3, 4.

1. Employees; Place of Work. Railroad company not under
absolute duty to furnish flagman engaged in switching a safe
place to work. Yazoo & M. V. R. R. v. Mullins.... ... 531

2. Hours of Service Act; Who is Carrier. Whether carrier is
common carrier within act, does not depend upon whether
charter declares it to be such, nor upon whether State of
incorporation so considers it, but upon what it does. United
States v. Brooklyn Eastern Dist. Term...

3. Id. Fact that carrier acts only as agent for other carriers
may affect contractual obligations to shippers, but cannot
change obligations under Hours of Service Act. Id.

4. Duty to Carry; Act of God. Delay of shipment, when not
attributable to act of God or authority of law. Chicago &
E. I. R. R. v. Collins Produce Co...

5. Interstate Shipment; What is. Whether a shipment was at
a given time interstate is a question of fact. Southern
Pac. Co. v. Arizona..

6. Id. Evidence held insufficient to prove traveling show
moving interstate. Id.

7. 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.

296

186

472

CARRIERS-Continued.

8. Private Contract of Carriage. Semble, that when required
by state commission to transport show at rate which is not
objected to and upon terms the same as it has habitually
agreed to in like cases, a railroad has no ground to complain
that it is thus deprived of liberty to make contract as private
carrier. Id.

9. Rates; Discrimination. Objection that state rate discrim-
inates between shippers, not available to carriers. Arkadel-
phia Co. v. St. Louis S. W. Ry.....

10. Id. May contest particular schedules as to particular
shippers after failure to enjoin state rates, generally, as con-
fiscatory. Id.

11. Side Tracks; Private and Public. Tracks reaching pri-
vate plants and open to public use held public tracks and
part of railroad's system, subject to public control. Chicago
& N. W. Ry. v. Ochs....

Lake Erie & W. R. R. v. Public Utilities Comm..

12. Id. Expense of Installation. Within reasonable limits,
State may require railroad at its own expense to alter and
extend, or to restore, side tracks. Id.

13. Id. In determining whether requirement is reasonable,
not only expense, but also nature and volume of business to
be affected, revenue, character of facility required, need for
it and advantage to shippers and public, are to be considered.
Chicago & N. W. Ry. v.
Ochs....

CERTIORARI. See Jurisdiction, III, 8, 22, 28.

CIRCUIT COURT OF APPEALS. See Jurisdiction, III,
(3); IV.

CITIES. See Municipal Corporations.

PAGE

134

416

422

416

Ordinances.

See Franchises; Jurisdiction, III, 21;

Ordinances.

CITIZENSHIP:

Diversity. See Jurisdiction, III, 12; V, 4.

Privileges and immunities. See Constitutional Law, VII.

CIVIL LAW. See Canal Zone.

CIVIL WAR:

Claims against Government. See Claims, 1.

CLAIMS:

Under contracts to erect government buildings. See Con-
tracts, 8-11.

To furnish post office supplies. Id., 12-16.

For transporting mails. Id., 17-20; Mails, 4.

For transporting troops. See Contracts, 21.

Time for presenting, for refund of inheritance taxes, as pre-
requisite to suit in Court of Claims. See Taxation, III.

1. Act of July 2, 1864, providing for purchase for United
States of products of States declared in insurrection, etc.,
was in addition to Abandoned Property Act, and not amend-
ment of that act in sense of Jud. Code, § 162, which gives
jurisdiction to Court of Claims over claims for property
taken under latter act and amendments and sold. O'Pry v.
United States...

2. Act of 1910, allowing compensation by United States for
use of patented inventions, prevents recovery where inven-
tion of government employee completed during employment
though in hours when inventor not on duty. Moore v.
United States...

COMMERCE.

See Constitutional Law, II; Interstate
Commerce; Interstate Commerce Acts.

COMMISSIONER:

Appointing to take additional proofs in original action.
New York v. New Jersey..

COMMISSIONER OF INTERNAL REVENUE. See Taxa-
tion, II, 4, 5; III.

COMMON CARRIERS. See Boiler Inspection Act; Car-
riers; Employers' Liability Act; Interstate Commerce
Acts; Safety Appliance Act.

COMMON LAW. See Canal Zone.

CONDEMNATION. See Eminent Domain.

PAGE

323

487

202

CONGRESS:

PAGE

For acts cited. See Table at front of volume.

For powers. See Constitutional Law.

Legislative history as aid to construction. See Statutes, 1.

CONSPIRACY. See Criminal Law, 3–14.

CONSTITUTIONAL LAW:

I. Judicial Power; Contempts, p. 633.

II. Commerce Clause, p. 633.

III. Contract Clause, p. 636.
IV. Excise Taxes, p. 636.

V. Full Faith and Credit, p. 636.

VI. War Power; Espionage Act; Army Regulations, p. 637.

VII. Privileges and Immunities, p. 637.

VIII. First Amendment; Freedom of Speech and' Press; Es-
pionage Act, p. 637.

IX. Fourth Amendment; Unreasonable Seizure, p. 637.

X. Fifth Amendment; Self-incrimination, p. 638.

XI. Fourteenth Amendment:

(1) General, p. 638.

(2) Notice and Hearing, p. 638.

(3) Liberty and Property; Police Power, p. 638.

(4) Equal Protection of the Laws, p. 640.

XII. Who May Question Constitutionality of Statutes, p. 641.

See Jurisdiction; Procedure.

Delegation of powers. See infra, VI, 3.

Damage to private property, under California constitution.
See Eminent Domain, 2.

Id.; under Virginia constitution. See Eminent Domain,
3.

I. Judicial Power; Contempts.

Basis of power of federal courts to punish summarily for con-
tempt committed in their presence is to secure them from
obstruction in performance of judicial duties. Ex parte
Hudgings....

II. Commerce Clause.

1. Effect of State Regulation as Enforced determines whether
it directly burdens interstate commerce, and not its charac-

378

CONSTITUTIONAL LAW-Continued.

terization, or its construction by state court. Corn Products
Refg. Co. v. Eddy..

2. Id. Food; Labels; Original Package. State may require
that proprietary foods, imported and sold in original pack-
ages, shall bear labels stating percentage of each ingredient.
Id.

3. A Mere Advisory Statement, issued by state official, not
controlling official conduct, not of such legislative character
as can impair rights under commerce and due process clauses.
Standard Scale Co. v. Farrell ...

4. Employers' Liability Cases. A case within federal act can
not be reached by state workmen's compensation law. New
York Cent. R. R. v. Porter..

PAGE

427

571

168

5. Id. Negligence. State law relieving plaintiff of burden
of proving negligence is constitutionally inapplicable to case
under federal act. New Orleans & N. E. R. R. v. Scarlet.. 528
Yazoo & M. V. R. R. v. Mullins...... 531

6. Telegraph Companies; State License Tax. State may im-
pose tax upon company doing both interstate and local busi-
ness, provided tax restricted to local and does not burden
interstate business. Postal Tel.-Cable Co. v. Richmond..... 252

7. Id. Where tax on intrastate business exceeds net receipts
so that payment must come in part from interstate business,
semble, that tax is invalid; but only if incidence on interstate
commerce is clearly shown. Id.

8. Id. Pole Tax. A telegraph company, though it has ac-
cepted Act of 1866 and is engaged in interstate commerce,
may be charged for each pole maintained in city streets, both
as compensation for use, and to cover expense entailed on
city by presence of poles. Id.

9. Id. Such tax, if reasonable in amount, is not objection-
able because it exceeds net returns from local business and
must be paid from interstate earnings. Id.

10. Excessive Inspection Fees. When state inspection fees
exceeding cost of inspection, in respect of products imported
from another State, constitute burden on interstate com-
merce. Standard Oil Co. v. Graves...

389

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