MEAT INSPECTION ACT.-Continued.
2. Secretary not required to mark meat-food product "in-
spected and passed " merely because it is wholesome, if sold
under deceptive name. Id.
3. Whether name " sausage " is deceptive as applied to such
compound is question of fact for Secretary, under power to
make regulations for carrying act into effect, and his deci-
sion, fairly arrived at, is conclusive. Id.
4. Applies to oleomargarine. Brougham v. Blanton Mfg. Co. 495
5. Registration of trade-name under trade-mark law has no
bearing on right to use it under Meat Inspection Act. Id.
6. Decision of Secretary of Agriculture that trade-name is
deceptive conclusive on courts. Id.
7. He may revoke approval and disapprove. Id.
8. Name" Creamo" properly disapproved when percentage
of cream in product seriously reduced. Id.
9. Investment on faith of approval does not prevent sub-
sequent disapproval. Id.
MEXICAN GRANTS. See Indians, 6–8; Public Lands, 5.
MILITARY FORCES. See Army; Criminal Law, 3-5, 9,
15, 11.
MINES AND MINING. See Jurisdiction, III, 9; Procedure,
V, 4.
1. Location Notice; Extralateral Rights. In determining
extralateral rights between adjoining patented claims, failure
of earlier location notice to comply with state law is immate-
rial if junior locator, at time of locating, knew that earlier
locator was in possession of and working his claim. Butte &
Superior Co. v. Clark-Montana Co...
2. Id. Purpose of location notice is to give warning of prior
appropriation. Id.
3. Id. Possession. Unequivocal possession of claim gives
constructive notice of possessor's rights thereunder. Id.
4. Extralateral Rights; Priority. As between two patented
claims, priority of right to vein of one where it dips beneath
MINES AND MINING-Continued.
and unites with vein on the other is not determined by dates
of entries and patents but by priority of discovery and
location.
5. Id. Presumption from Patent. In absence of adverse
suit, no presumption that anything was considered by Land
Department, in patenting claim, except question of right to
the surface. Id.
6. Id. Duty to Adverse. An application to patent a lode
mining claim invites only such contests as affect surface; and
where no surface conflict involves the apex, a prior locator of
adjacent unpatented claim is not obliged to adverse to pro-
tect his right to follow his vein extralaterally on the dip. Id.
7. Id. Conveyance. Quitclaim of undivided interest in
claim, held to pass only rights appertaining to that claim and
not to affect extralateral rights appertaining to adjoining
claim owned by grantor. Id.
8. Id. Decreeing Relief. In suit to determine extralateral
mining rights and for accounting, plaintiff may be granted
relief which proven conditions warrant without prejudice to
future supplemental proceedings based on revelations of
future mining development. Id.
9. Discovery and Location; Oil Lands. To create valid rights
or initiate title as against United States, discovery within
location essential. Union Oil Co. v. Smith...
10. Id. Possession before Discovery. For purpose of explor-
ing for mineral, a qualified person who has entered peaceably
upon public land is a licensee or tenant at will of United
States and allowed a right of possession, the extent of which,
i. e., whether confined to pedis possessio or coterminous with
boundaries of his inchoate location,-not decided. Id.
11. Id. Right of possession before discovery may be main-
tained only by continued actual occupancy by qualified loca-
tor engaged in prosecution of work looking to discovery. Id.
12. Id. Marking and Recording. Discovery may follow
marking and recording of mining claim, and perfect location
as of time of discovery, provided no rights of third parties
have intervened. Id.
MINES AND MINING-Continued.
13. "
Assessments,'
""annual assessment labor," and " as-
sessment work;" meaning of, in acts of Congress and prac-
tice of miners. Id.
14. Id. Oil Lands. Act of 1903, providing that annual
assessment labor may be done upon any one of group of
contiguous oil-land locations not exceeding 5, in same
ownership, provided it will tend to development or to deter-
mine oil-bearing character, refers to locations based each on
discovery of oil within its limits, and evinces no purpose to
break down distinction between mere pedis possessio of pros-
pector before discovery and rights resulting from discovery
and perfected location. Id.
15. Id. Discovery Work; Adverse Claimant. Where two
contiguous tracts are claimed by same party under locations
without discovery, drilling well on one of them, even though
it tends to determine oil-bearing character of the other also,
will not avail to hold other against an intervening qualified
claimant who enters peaceably and prosecutes discovery
work on his own account. Id.
MISBRANDING. See Food; Meat Inspection Act.
Assessment for local improvement in accordance with rule
prescribed by charter of City of St. Louis, adopted under
Missouri constitution, sustained. Withnell v. Ruecking
Constr. Co....
MOOT CASES. See Jurisdiction, I; Procedure, VI, 2.
MOTIVE. See Constitutional Law, IV, 2; Criminal Law,
3, 6, 9, 11, 16, 17; Evidence, 4; Interstate Commerce,
3, 6.
MUNICIPAL CORPORATIONS. See Franchises, 4; Juris-
diction, III, 21; Taxation, IV, 1-5, 13.
Ordinances regulating billboards. See Constitutional
Law, XI, 12-16.
1. Pollution of private oyster beds by sewage from. Darling
v. Newport News.
MUNICIPAL CORPORATIONS-Continued.
2. Right of State to require individuals to remove timber
refuse from vicinity of municipal watersheds. Perley v.
North Carolina..
3. Right of San Francisco to construct street railroad on
streets occupied by other lines. United Railroads v. San
1. Upheld as within taxing power. United States v. Doremus 86
Webb v. United States.. 96
2. Section 2 prohibits retail sales to persons who have no
physician's prescription, or order blank, and who cannot
obtain one because not of class to which such blanks may
be issued. Webb v. United States...
3. If registered physician issues order to habitual user not
in course of professional treatment, but to provide user with
drug to keep him comfortable by maintaining his customary
use, such order is not a physician's prescription under excep-
tion (b) of § 2. Id.
NATIONAL BANKS. See Banks and Banking.
NAVIGATION COMPANIES. See Hours of Service Act, 3.
NEGLIGENCE. See Constitutional Law, XI, 11, 25-28;
Employers' Liability Act; Master and Servant.
Concurrent findings. See Procedure, V, 5.
NEWSPAPERS. See Constitutional Law, VIII; Criminal
Law, 9.
Law as to weights and measures. Standard Scale Co. v.
Farrell....
NOTICE. See Constitutional Law, XI, 4, 21; Judicial
Notice.
Of claim of loss. See Interstate Commerce Acts, 7, 8.
Location notice. See Mines and Mining.
From possession of mining claim. Id., 3.
From record of deed. See Deeds, 2.
OFFICERS. See Canal Zone, 1; Contracts, 12; Criminal page
Law, 19; Mails, 2-4; Meat Inspection Act, 1, 2; Public
Lands, 2-4; Taxation, II, 4; III; Weights and Measures.
Mandamus to compel reinstatement. See Mandamus, 5.
Interest on public moneys. See Accounting, 1.
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.
When suit against becomes moot by reason of expiration of
their term. Shaffer v. Howard..
OIL LANDS. See Mines and Mining, 9-15.
State inspection. See Constitutional Law, II, 10.
OLEOMARGARINE. See Meat Inspection Act, 4.
ORDINANCES. See Franchises; Jurisdiction, III, 21.
Validity of ordinance regulating billboards. See Constitu-
tional Law, XI, 12–16.
ORIGINAL CASES. See Procedure, I.
ORIGINAL JURISDICTION. See Jurisdiction, III, (2).
ORIGINAL PACKAGE. See Constitutional Law, II, 2.
Pollution of, by sewage. See Darling v. Newport News... 540
Question as to maternity and custody of infant is non-federal
in character. Matters v. Ryan...
Who may question constitutionality of statutes. See Con-
stitutional Law, XII.
Right of shipper, enjoined as a class, to intervene in proceed-
ings to assess damages under erroneous injunction of state
rates. See Injunction, 7.
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