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CONSTITUTIONAL LAW-Continued.

3. Interstate commerce-Federal regulation-Federal Power Act.—
Compliance with state law requiring permit not condition precedent
to issuance by Federal Power Commission of license for power project
affecting interstate commerce. First Iowa Cooperative v. Federal
Power Comm'n, 152.

4. Interstate commerce-Transportation-State regulation-Racial
discrimination.-Virginia statute requiring separation of white and
colored passengers on buses, invalid as applied to interstate passenger
on vehicle moving interstate. Morgan v. Virginia, 373.

5. Id.-Powers reserved to States by Tenth Amendment cannot
save state statute which unduly burdens interstate commerce. Id.
6. Interstate commerce-State regulation-Insurance business.—
California nondiscriminatory statute penalizing unlicensed agent of
nonadmitted foreign insurer sustained; State may exclude foreign
insurer or agent for failure to comply with reserve requirements.
Robertson v. California, 440.

7. Interstate commerce-Insurance business-State regulation—
Consent by Congress.-South Carolina statute imposing discrimina-
tory tax on foreign insurance companies sustained; Act of Congress of
March 9, 1945, sustained. Prudential Insurance Co. v. Benjamin, 408.
X. Due Process of Law.

1. Federal legislation-Insurance business.-Act of March 9, 1945,
authorizing continuance of state regulation and taxation of business
of insurance, not violation of due process clause of Fifth Amendment.
Prudential Insurance Co. v. Benjamin, 408.

2. State regulation-Insurance business.-Requirements of Cali-
fornia statute did not operate as regulation of out-of-state activities
of foreign insurer. Robertson v. California, 440.

3. Building regulations-Lodging houses-Fire hazards.-New
York law requiring non-fireproof lodging houses in existence at time
of enactment to conform to regulations stricter than those in effect
at time of construction, valid. Queenside Hills Realty Co. v. Saxl, 80.

4. Criminal cases-Denial of constitutional rights.-Remedy in
federal court for person imprisoned in violation of Constitution, where
state remedy lacking. Woods v. Nierstheimer, 211.

5. Id.-Effect of fact that statute of limitations on proper remedy
under state law has expired. Id.

XI. Equal Protection of Laws.

1. State regulation-Insurance companies.-Reserve requirements
of California statute did not violate equal protection clause as applied
to foreign insurer. Robertson v. California, 440.

CONSTITUTIONAL LAW-Continued.

2. Building regulations-Discrimination-Burden of proof-New
York law applicable to lodging houses constructed theretofore but not
thereafter, not shown to deny equal protection where none of latter
class in existence. Queenside Hills Realty Co. v. Saxl, 80.

CONTEMPT. See Constitutional Law, V.

CONTRACTS. See also Bankruptcy, 2-3; Securities; Taxation, 2.

1. Nature of contract-Oil lands-Sale or assignment.-Contract
here was not sale but assignment of right to exploit property, assignor
retaining economic interest in oil. Burton-Sutton Oil Co. v. Com-
missioner, 25.

2. Government contract · Disputes Procedure. Contractor's
failure to exhaust administrative appeal provisions of contract barred
recovery in Court of Claims; meaning of "questions arising under this
contract"; designation of disbursing officer on cover not part of con-
tract; provision for automatic increase in amount due contractor
inapplicable. U. S. v. Holpuch Co., 234.

CORPORATIONS. See Bankruptcy, 1; Constitutional Law, II, 1;
IX, 6-7; X, 2; XI, 1.

COSTS.

Investigation of fraudulent judgment-Fees and expenses.-Pro-
priety of taxing to judgment creditor fees and expenses of investiga-
tion of alleged fraudulent judgment, where investigation conducted
without safeguards of adversary proceedings. Universal Oil Products
Co. v. Root Refining Co., 575.

COUPONS. See Constitutional Law, VI, 1.

COURT OF CLAIMS. See Contracts, 2; Jurisdiction, V, 1–2.
COURTS. See Bankruptcy, 1, 3; Constitutional Law, I, 1; IV, 1-2;
V; X, 4-5; Jurisdiction; Jury, 1-2; Statutes, 1.

COVENANT OF FORFEITURE. See Bankruptcy, 2.

CREDITORS. See Bankruptcy, 1-3.

CRIMINAL APPEALS. See Jurisdiction, II, 1-2.

CRIMINAL LAW. See also Antitrust Acts; Constitutional Law,

I, 2; V; VI, 1-2; VII, 1-3; X, 4-5; Jurisdiction, II, 1-2, 7-8.
1. Murder-Mental deficiency-Instructions to jury.-In trial in
District of Columbia for first-degree murder, court's refusal to instruct
jury to consider defendant's mental deficiency not error. Fisher v.
U. S., 463.

CRIMINAL LAW-Continued.

2. Offenses under Interstate Commerce Act-Employees of car-
riers-Discrimination between passengers-Exacting unlawful fares.—
Ticket sellers and other employees who exacted unlawful fares punish-
able, though carrier not party. Howitt v. U. S., 189.

3. Conspiracy-Indictment-Penalty-Double jeopardy.-Indict-
ment for conspiracy and substantive offenses; double jeopardy no de-
fense to conviction for both; same overt acts chargeable in conspiracy
and substantive counts. Pinkerton v. U. S., 640.

4. Conspiracy-Punishment-Acts of co-conspirators.-Party to
continuing conspiracy punishable for offenses committed by co-
conspirator in furtherance of conspiracy. Id.

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5. Conspiracy Indictment - Proof-Variance-Instructions to
jury-Prejudicial error.-Variance in proof from indictment for single
conspiracy; proper joinder; trial en masse; prejudicial error; con-
struction of "harmless error" statute. Kotteakos v. U. S., 750.

6. Gasoline ration regulations-Conspiracy to violate-Instructions
to jury-Instructions bearing on burden of proof, inadequate and
confusing on crucial issue, constituted prejudicial error.
Bihn v.
U. S., 633.

7. Venue-Prosecution under Selective Service Act.-Venue of
prosecution for refusal to submit to induction properly laid in judicial
district where act of refusal occurred. U. S. v. Anderson, 699.

DEBTORS. See Bankruptcy, 1-3.

DEDUCTIONS. See Taxation, 2.

DELEGATION OF LEGISLATIVE POWER. See Constitutional
Law, III, 3-4.

DE MINIMIS. See Labor, 3.

DEMURRER. See Jurisdiction, II, 1.

DENATURALIZATION. See Aliens, 3; Constitutional Law, III, 1.
DIRECT APPEAL. See Jurisdiction, II, 1.

DIRECTOR OF SELECTIVE SERVICE. See Administrative Law;
Jurisdiction, I, 2; II, 1; III; Veterans, 1–2.

DISCHARGE. See Veterans.

DISCRIMINATION. See Constitutional Law, I, 2; III, 2; IX, 4, 7;
X, 3; XI, 1–2; Criminal Law, 2.

DISPUTE. See Contracts, 2; Labor, 4.

DISTRICT OF COLUMBIA. See Criminal Law, 1; Jurisdiction,
II, 2.

DOUBLE JEOPARDY. See Criminal Law, 3; Constitutional Law,
VII, 1-3.

DUE PROCESS. See Constitutional Law, X, 1–5.

EASEMENTS. See Constitutional Law, VIII; Jurisdiction, V, 1–2.

ECONOMIC INTEREST. See Contracts, 1; Taxation, 2.

ELECTIONS. See Constitutional Law, IV, 2.

ELKINS ACT. See Transportation.

EMERGENCY COURT OF APPEALS.

See Price Control, 3.

EMERGENCY PRICE CONTROL ACT. See Price Control, 1–6.
EMINENT DOMAIN. See Constitutional Law, VIII; Jurisdiction,
V, 1-2.

EMPLOYER AND EMPLOYEE. See Admiralty, 2-4; Criminal
Law, 2; Jurisdiction, I, 2; III; Labor, 1-7; Veterans.

EQUAL PROTECTION OF LAWS. See Constitutional Law, XI,
1-2.

EQUITY. See Bankruptcy, 1-3.

EVICTION. See Injunction; Jurisdiction, I, 3; IV, 2–3.

EVIDENCE. See also Aliens, 3; Constitutional Law, VI, 1–2; XI,
2; Labor, 1, 3.

Admissibility-Admission in evidence of check, where federal agents
had obtained knowledge of facts by lawful inspection of government
contractor's books, was within discretion of District Court. Zap v.
U. S., 624.

EXPENSES. See Costs.

EX POST FACTO LAW. See Constitutional Law, X, 3; XI, 2.
EXPROPRIATION. See Constitutional Law, VIII; Jurisdiction,
V, 1.

FACTORY. See Reconstruction Finance Corporation.

FAIR LABOR STANDARDS ACT. See Labor, 1-4.

FARES. See Criminal Law, 2.

FEDERAL POWER ACT. See Constitutional Law, II, 2; IX, 3;

Public Utilities.

FEDERAL QUESTION. See Jurisdiction, II, 5–8.

FEDERAL-STATE RELATIONS. See Constitutional Law, II;

Injunction.

FEDERAL TRADE COMMISSION. See Procedure, 2; Unfair
Competition.

FEES. See Costs.

FIFTH AMENDMENT. See Constitutional Law, VII, 1-3; VIII;
X, 1; Jurisdiction, V, 1.

FINDINGS. See Jurisdiction, II, 4; V, 2.

FIRE REGULATIONS. See Constitutional Law, X, 3; XI, 2.

FIRST AMENDMENT. See Constitutional Law, V.

FOREIGN CORPORATIONS. See Constitutional Law, IX, 6-7;
X, 2; XI, 1.

FORFEITURE. See Bankruptcy, 2.

FOURTEENTH AMENDMENT. See Constitutional Law, X, 2–5;
XI, 1-2.

FOURTH AMENDMENT. See Constitutional Law, VI, 1-2.

FRAUD. See Aliens, 3; Constitutional Law, III, 1; Costs.

FREEDOM OF THE PRESS. See Constitutional Law, V.

GASOLINE RATIONING. See Constitutional Law, VI, 1; Criminal
Law, 6.

GOVERNMENT CONTRACT. See Constitutional Law, VI, 2; Con-
tracts, 2.

GOVERNMENT EMPLOYEES. See Constitutional Law, III, 2;
IV, 1.

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HABEAS CORPUS. See Constitutional Law, X, 4; Jurisdiction,
II, 7-8.

HARBOR WORKERS. See Admiralty, 3-4; Labor, 6-7.

HARMLESS ERROR. See Criminal Law, 5-6; Trial.
HOMICIDE. See Criminal Law, 1; Jurisdiction, II, 2.

HOTELS. See Constitutitonal Law, X, 3; XI, 2.

INCOME TAX. See Taxation, 2.

INCOMPETENT PERSONS. See Criminal Law, 1.

INDICTMENT. See Criminal Law, 3, 5; Jurisdiction, II, 1.
INDUCTION. See Criminal Law, 7.

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