ought not to be finally acted upon until the hearing of the cause on its merits. In reference to the objection to the jurisdiction of the circuit court of Mason County as set forth in the defendants' first special plea and answers to the bill, herein before referred to, we think the proofs do not sustain the allegations therein made. The bill avers, and the proofs show, that a part of the ties in controversy in this cause were at Point Pleasant, in said county, at the time this suit was commenced, and that the rights and acts of the parties in respect to said ties is a part of the controversy in this suit, and that being so, the circuit court of said county had jurisdiction, provided the process was served, as it was in this cause, on some of the defendants in said county. For the foregoing reasons, I am of opinion that the order of the circuit court refusing to dissolve the injunction should be affirmed. FOREIGN CORPORATIONS-POWER TO CONTRACT. A foreign corporation may purchase machinery in one state to be transported and set up in another, though it has not complied with a statute requiring it to file certain papers with the secretary of state: Colorado Iron Works v. Sierra etc. Mining Co., 15 Col. 499; 22 Am. St. Rep. 433, and note. A foreign corpora. tion may sue on a contract though it has not complied with the statutory requirement as to the filing of its certificate: Powder River etc. Co. v. Com missioners, 9 Mont. 145; Christian v. American etc. Co., 89 Ala. 198; notwithstanding the fact that the Alabama constitution prohibits a foreign corporation which has not complied with its provisions from doing a single act of business: Farrior v. New England etc. Co., 88 Ala. 275. Statutes, ConSTRUCTION OF. —Penal statutes must be strictly construed: Bondheim v. Gilbert, 117 Ind. 71; 10 Am. St. Rep. 23, and note. INDEX TO THE NOTES. ATTACHMENT, replevin, action of, against officer levying on the property of BAIL, inability to surrender principal because of his imprisonment in an CARRIERS, bill of lading, failure of shipper to read stipulations in, 664. discrimination by, 520. tickets, stipulations in, when do not bind passengers, 664. of the state, privileges and immunities of, are not increased by fourteenth of the United States, privileges and immunities of, whether enlarged or suffrage, right of, denial of, on what ground may be based, 872. suffrage, right of, is not conferred by the fourteenth amendment, 872. CONSTITUTIONAL LAW, delegation of legislative authority, what forbidden, extrinsic evidence not admissible to prove that statute is unconstitu- fourteenth amendment, amusement, places of, are not forbidden from fourteenth amendment and kindred provisions, 870. fourteenth amendment, arbitrary restrictions, what are forbidden fourteenth amendment, arbitrary tests which are forbidden by, 880. fourteenth amendment, business, mode of carrying on, to what extent fourteenth amendment, business, restrictions upon, what prohibited by, fourteenth amendment, charges of carriers and others may be fixed by fourteenth amendment, contracts between employer and employee, stat- fourteenth amendment, construction of, must take into consideration fourteenth amendment, contracts, liberty of making to what extent fourteenth amendment, corporations, domestic, taxes may be imposed on CONSTITUTIONAL LAW, fourteenth amendment, corporations, foreign, agents fourteenth amendment, corporations, foreign, conditions may be im- fourteenth amendment, corporations, mode of doing business may be fourteenth amendment, corporations, taxes in excess of those imposed fourteenth amendment, corporations, to what extent protected by, 875. fourteenth amendment, crimes, punishment of, discrimination in, when fourteenth amendment, damages, subjecting railway corporations to fourteenth amendment does not prohibit fixing by state of charges of fourteenth amendment does not prohibit restrictions and regulations fourteenth amendment, effect of, must be considered in connection with fourteenth amendment, employing persons in any lawful calling cannot fourteenth amendment, evidence, rules of, must be same for all persons, fourteenth amendment, extrinsic evidence cannot be received to show fourteenth amendment, fire limits may be fixed notwithstanding, 889. fourteenth amendment, judicial proceedings and remedies, uniformity fourteenth amendment, juries, colored persons, exclusion from, is for- fourteenth amendment, liberty, to what extent secured by, 876. fourteenth amendment, license taxes, exaction of, is not forbidden by, 886. fourteenth amendment, local and special legislation, when not prohib- fourteenth amendment, local-option laws are not forbidden by, 884. fourteenth amendment, medicine and dentistry, statutes regulating fourteenth amendment, negroes, protection of, was the chief purpose of fourteenth amendment, non-residents, extent to which may be sub- fourteenth amendment, original purpose of, 871, 877. fourteenth amendment, penalties may be imposed for negligence or for CONSTITUTIONAL LAW, fourteenth amendment, police powers of the state overshadow and control, 883. fourteenth amendment, police powers of the state, whether subject is fourteenth amendment, privileges and immunities of citizens, doubtful fourteenth amendment, privileges and immunities of citizens of the fourteenth amendment, privileges and immunities of citizens of United fourteenth amendment, procedure of courts must be the same for all fourteenth amendment, property, restrictions upon acquisition of, 876. fourteenth amendment, race, burdens and restrictions on account of, are fourteenth amendment, races, common carriers not prohibited from pro- fourteenth amendment, railway corporations, penalties exacted for kill. fourteenth amendment, restrictions and regulations to prevent the fourteenth amendment, retrospective effect of, 874. fourteenth amendment, rules of law must apply to all persons in the fourteenth amendment, schools, public, colored persons must not be fourteenth amendment, schools, public, division of funds of, between fourteenth amendment, schools, public, equal facilities must be extended fourteenth amendment, schools, public, separate, for children of differ fourteenth amendment, scope of, 877. fourteenth amendment, special laws which are forbidden by, illustra fourteenth amendment, suffrage, right of, upon what ground may be fourteenth amendment, suffrage, right of, was not secured to any person fourteenth amendment, taxation, state, power of, is not impaired by, 885 fourteenth amendment, warehousemen, statutes regulating charges of, fourteenth amendment, what persons are within protection of, 872. CONVERSION, by innocent sale of the property of another, 113. are persons, and, as such, entitled to the protection of the fourteenth |