B. STATUTES OF THE UNITED STATES. See ACTS OF CONGRESS.
C. STATUTES OF THE STATES AND TERRITORIES. See LOCAL LAW.
STREETS AND HIGHWAYS. See CONSTITUTIONAL LAW, 9.
TARIFFS OF CARRIERS. See INTERSTATE COMMERCE, 17.
TELEPHONE COMPANIES. See CONSTITUTIONAL LAW, 10; INJUNCTION, 2.
TERRITORIAL CESSIONS. See INDIANS, 1.
Indian Territory; effect of putting state laws in force in.
The action of Congress in putting the laws of Arkansas in force in the Indian Territory by the act of February 18, 1901, 31 Stat. 794, c. 379, was to provide a body of law for that Territory until it be- came a State, and the effect was the same as though those laws had been adopted by a territorial legislature. Shulthis v. McDougal, 561.
1. Principles applicable to; quære as to fraternal organizations. Quare: Whether the principles applicable to use of trade-marks and trade-names are applicable to the use of names of fraternal or- ganizations having a main organization with branches in the several States. Creswill v. Knights of Pythias, 246.
2. Fraud in use of; laches precluding relief in equity.
There was no evidence to support a finding that the defendants below were attempting by their application for incorporation in a State to use the name Knights of Pythias so as to deceive the public and work pecuniary damage to the older organization of that name, the complainant.
The long-continued acquiescence of the older organization of the Knights of Pythias in the use of the name by the junior organiza- tion prior to the attempt of the latter to have this particular state branch incorporated amounted to laches and under such conditions equity could not grant relief.
The existence of laches in this case is incompatible with a finding of injury to property and deceit to the public. Ib.
TREATIES.
See INDIANS, 1; STATUTES, A 7.
1. Continuance; judicial discretion as to; when action of court reviewable. The granting of a continuance is within the sound discretion of the
trial court, and not subject to be reviewed on appeal except in cases of clear error and abuse; in this case the record shows that the refusal to continue on account of absence of witness was not an abuse, but a just exercise, of discretion. Valdes v. Central Alta- gracia, 58.
2. Expedition; power of court as to.
The record in this case shows that the court below did not err in bring-
ing this case to a speedy conclusion and avoiding the loss oc- casioned by the litigation to all concerned. Ib.
3. Refusal to proceed; estoppel of party.
A litigant cannot, after all parties have acquiesced in the order setting the case for trial and the court has denied his request for continu- ance, refuse to proceed with the trial on the ground that the time to plead has not expired, and when such refusal to proceed is in- consistent with his prior attitude in the case. Ib. See CRIMINAL LAW, 11, 12, 13, 22, 28.
See COURTS, 5;
JURISDICTION, C 6, 7; RES JUDICATA, 1, 4.
WORDS AND PHRASES.
'Arraignment" as used in § 1032, Rev. Stat.
Where a word is used as comprehensively descriptive of certain acts, it can be used in the record of a case as showing the performance of those acts; and so held as to "arraignment" as used in § 1032, Rev. Stat. Johnson v. United States, 405.
"Assign" as used in act of June 16, 1880 (see Public Lands, 1, 2). United States v. Colorado Anthracite Co., 219.
"Law of the case" (see Res Judicata, 2). Messenger v. Anderson, 436.
"Public lands" (see Public Lands, 9). Kindred v. Union Pacific R. R. Co., 582.
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