LICENSE TAXES.
See INTERSTATE COMMERCE, 26, 27.
See BANKRUPTCY, 5, 6, 7, 11;
MECHANICS' LIENS.
LIFE INSURANCE.
See INSURANCE.
LIMITATION OF ACTIONS.
See BANKRUPTCY, 16, 17, 18;
CLAIMS AGAINST THE UNITED STATES, 1.
LIQUORS.
See INDIANS, 7, 9.
See BANKS AND BANKING, 2;
Alaska. Code; scope of. The Alaskan Code of Criminal Procedure is
very complete and circumstantial. It covers every step in a
criminal proceeding including the form of indictment of all crimes
whether specifically defined therein or not. Summers v. United
States, 92.
Code, § 43; application of; indictments. Prior to the amendment of
1913, § 43 of Title II of the Alaskan Code of Criminal Procedure
providing that the indictment must charge but one crime and in
one form only, applied to the indictment for any offense whether
specifically defined in that Code or not. Ib.
It is a substantial right, and not a mere matter of procedure, to
have the indictment confined to one offense and in one form only;
and the amendment of 1913 to such § 43, permitting the joinder of
several offenses, did not have retrospective operation. Ib.
Arizona. Actions for death by negligence. This court is disposed to
accept the construction of local statutes by the territorial court,
and, therefore, held that the action for death by negligence under
Rev. Stats. Arizona 1901, pars. 2764-2766, was for the benefit of
the estate and that it was not necessary to allege or prove the
existence of beneficiaries or amount of damages sustained by them.
Phanix Ry. Co. v. Landis, 578.
California. Compensation of county clerks (see Naturalization, 10).
Mulcrevy v. San Francisco, 669.
Georgia. Homesteads; exemption from liens (see Bankruptcy, 7).
Kener v. La Grange Mills, 215.
Insurance (see Insurance, 3, 7, 8). Aetna Life Ins. Co. v. Moore,
543.
Illinois. Child Labor Law of 1903 (see Constitutional Law, 8). Stur-
ges & Burn Mfg. Co. v. Beauchamp, 320.
Kansas. Municipalities; power to contract. In this case, this court
reaches independently the same conclusion as the state court in
determining that under the authority conferred by the statutes of
Kansas the municipality cannot divest itself by contract of its
duty to see that only reasonable rates are enforced under a public
utility franchise. Wyandotte Gas Co. v. Kansas, 622.
Kentucky. Railroad regulation; act of March 10, 1900 (see Constitu-
tional Law, 6; Rate Regulation, 6). Louisville & Nashville R. R.
Co. v. Garrett, 298.
License tax on commercial agencies; Ky. Stat., § 4224 (see Inter-
state Commerce, 26). United States Fidelity & Guaranty Co. v.
Kentucky, 394.
Massachusetts. Taxation of foreign corporations; Pt. III, c. 490, Stat.
1909 (see Constitutional Law, 3). Baltic Mining Co. v. Massa-
chusetts, 68.
Montana. Tax on insurance corporations (see Constitutional Law, 1).
New York Life Ins. Co. v. Deer Lodge County, 495.
New Mexico. Tax sales; Laws of 1899, c. 22, § 25 (see Constitutional
Law, 11). Straus v. Foxworth, 162.
New York. Tax law; Laws of 1909, c. 62 (see National Banks, 1).
Amoskeag Savings Bank v. Purdy, 373.
Philippine Islands. Liability of judges to civil action (see Courts, 2).
Alzua v. Johnson, 106.
Porto Rico. Proof to dispel ambiguities in written instruments. Under
the local law of Porto Rico, if there is intrinsic ambiguity in a writ-
ten instrument the right obtains to dispel such ambiguity by
extraneous proof showing the circumstances under which the in-
strument was executed. Van Syckel v. Arsuaga, 601.
Vermont. Taxation; Pub. Stat., c. 37, § 815 (see National Banks, 10).
Clement National Bank v. Vermont, 120.
Washington. Homestead entries as community property (see Public
Lands, 2). Buchser v. Buchser, 157.
Generally. See PRACTICE AND PROCEDURE, 5.
1. Availability to control action by lower court.
Mandamus to compel the District Court to vacate supplemental orders
of reference made in a case reversed and remanded, refused, on the
ground that the case was decided without prejudice and the Dis-
trict Court acted within its discretion in the conduct of the case
and the interpretation of the mandate. In re Louisville, 639.
2. Availability to control action of lower court.
In this case, the court below having acted within its discretion in refus-
ing a petition for leave to intervene, mandamus to compel it to
grant the petition is refused. In re Engelhard, 646.
3. To compel Secretary of Navy to surrender government property to bidder
therefor; denial of.
Mandamus will not lie at the instance of one who in response to adver-
tisement has made the highest bid for a vessel to compel the Secre-
tary of the Navy to deliver the vessel. Goldberg v. Daniels, 218.
The discretion of the Secretary of the Navy is not ended by receipt
and opening of bids for a condemned naval vessel even though they
satisfy the conditions prescribed. Mandamus will not lie to com-
pel him to accept the highest bid.
MANDATE.
See RATE REGULATION, 5.
MASTER AND SERVANT.
See HOURS OF SERVICE LAW;
SAFETY APPLIANCE ACT.
See BONDS, 6;
NEGLIGENCE, 3.
MECHANICS' LIENS.
1. Right to, on waiver of completion of contract.
Even though contractors may not be entitled to a mechanics' lien
under the statute unless the contract be completed, they may be
entitled thereto if absolute completion is waived, and in this case
this court will not go behind the finding of the master followed by
the court below that there was a waiver and the contractor was
justified in stopping work. Hobbs v. Head & Dowst Co., 692.
2. Right to, where work suspended on insolvency of owner of building.
In this case this court is satisfied that substantial justice has been
done in enforcing a lien for over $45,000 admittedly due to the con-
tractor but contested because about $1,000 of work remained un-
completed on a contract of $187,000, the contractors having ceased
work after the owner of the building had failed in its payments and
was hopelessly insolvent. Ib.
See PRACTICE AND PROCEDURE, 3.
MILITARY USES.
See EMINENT DOMAIN.
MINES AND MINING.
See CORPORATION TAX LAW;
TAXES AND TAXATION, 2, 3.
MONEYED CAPITAL.
See NATIONAL BANKS, 4.
MONOPOLY.
See COPYRIGHTS;
RESTRAINT OF TRADE, 1.
MORTGAGES AND DEEDS OF TRUST.
1. Foreclosure: setting aside; right of one parting with title before fore-
closure.
One who has transferred his mortgaged premises by deed recorded prior
to the foreclosure suit cannot set the foreclosure aside on the
ground that the court excluded testimony offered to show that the
transfer was fictitious and that he was still the owner and entitled
to notice. Torres v. Lothrop, Luce & Co., 171.
2. Proceeds of crops; application of.
Although proceeds of a crop received by a mortgagee of the land may
by law be imputed to payment of interest on the mortgage and not
to other advances, they may, under a special contract with the
mortgagor and by his subsequent acquiescence, be applied to pay-
ment of advances instead of interest. Ib.
MULTIPLICITY OF SUITS.
See ACTIONS, 1.
MUNICIPAL CORPORATIONS.
Public utilities; franchises for; limitation on grants of.
A proviso in a public utility statute, in which manufactured gas, light
and water were enumerated, stating that municipalities were not
prohibited from granting franchises for supplying natural gas on
terms and conditions agreed to by it and the franchisee, construed
as bringing natural gas within the statute, and that the terms and
conditions on which the franchise could be granted were subject to
the same limitations contained in the statute as applicable to fran-
chises for other utilities. Wyandotte Gas Co. v. Kansas, 622.
See LOCAL LAW (Kansas);
PARTIES, 1, 2, 3;
RES JUDICATA, 5.
1. Discrimination against by State; effect of tax law of New York of 1909,
c. 62.
The provisions in the tax law of New York, chap. 62, Laws of 1909, im-
posing a flat rate on shares of all banks, both state and national,
without the right of exemption in case of indebtedness of the
owners, does not discriminate against national banks and is not
invalid under § 5219, Rev. Stat. People v. Weaver, 100 U. S. 539,
distinguished. Amoskeag Savings Bank v. Purdy, 373.
2. Discrimination against by State; taxation of, may differ from that of
other property.
The State is not obliged to apply the same system to the taxation of
national banks that it uses in the taxation of other property, pro-
vided no injustice, inequality or unfriendly discrimination is in-
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