LEGISLATION-Continued.

For Acts of Congress, construed and applied, see Con-
gress, Acts of, Construed.

LEGISLATIVE AND JUDICIAL POWERS. See Congress;
Courts; Michigan; Rates.

LETTERS:

Relating to current business within meaning of § 184, Penal
Code. United States v. Erie R. R..

When allowed in evidence. Lawlor v. Loewe ..

PAGE

513

522

LEVY. See Execution.

LICENSE:

Not required for navigating waters of United States. Cor-
nell Steamboat Co. v. Sohmer...

License to use name. See Name.

LIENS:

The validity and privity of mortgages depend upon the law
of the State. Fallows v. Continental Savings Bank ....
As to law in Illinois. Id.

Right of trustees in bankruptcy to subrogation. See Bank-
ruptcy; Judgments and Decrees.

LIMITATIONS AND PRESCRIPTION. See Laches; Porto
Rico.

LIQUIDATED DAMAGES:

When Government cannot recover for delay. Maryland
Steel Co. v. United States..

LOCAL LAW:

See Pleadings; Practice; Stare Decisis; Captions of
Various States.

LONG AND SHORT HAUL CLAUSE. See Common Car-
rier; Interstate Commerce Commission.

LUNATIC. See Insane Person.

MCCHORD ACT. See Kentucky.

MAILS:

Construction of § 184, Penal Code. United States v. Erie

R. R......

549

300

451

513

VOL. CCXXXV- -49

MANDATE:

Lower court must follow the mandate of the appellate court.
Where mandate of Circuit Court requires District Court to
reject plea of nolo contendere on the only counts on which
the Government stood and proceed with the case it must
in obedience to the mandate set aside the plea. Shapiro v.
United States...

See Jurisdiction of this Court under § 238, Jud. Code:
New Trial.

MARYLAND MOTOR VEHICLE LAW:

Quære,

The motor vehicle law grants to all residents of other States
who have complied with the motor vehicle law of their re-
spective States certain free use of the Maryland highways,
but excepts residents of District of Columbia.
whether the law is unconstitutional so far as it discriminates
against residents of the District; but question cannot be de-
termined at instance of one who does not show compliance
with motor vehicle law of the District. Hendrick v. Mary-
land....

The Maryland Motor Vehicle Law is not unconstitutional
so far as it prescribes reasonable conditions and license fees
for use of the State's highways. Id.

MASTER AND SERVANT. See Constitutional Law; Em-
ployers' Liability Act; Ohio Workmen's Compensation
Law; Mississippi; Peonage.

MATERIALMEN'S ACTS OF 1894 AND 1905:

The acts are highly remedial; their purpose, simple and
beneficial, is to give a remedy to materialmen and laborers
on the bond of the original contractor, a reasonable time to
enforce it and to unite all claimants in a single proceeding.
A. Bryant Co. v. N. Y. Steam Fitting Co..

Provisions of the act are so ambiguous and conflicting in
regard to notice that court holds time of notice to other
creditors is not of essence in order to give District Court
jurisdiction of suit otherwise properly brought by a claimant.
Id.

MEASURE OF DAMAGES. See Employers' Liability Act.
MEAT INSPECTION ACT:

Plain object of the prohibition in the act against alteration
and destruction of tags and labels is to safeguard food prod-
ucts against alteration and substitution so as to render
process of inspection effective and the statute will not be

PAGE

412

610

327

MEAT INSPECTION ACT—Continued.

PAGE

construed so as to defeat purpose for which it was enacted.
The prohibition is as broad as its language and applies to any
and all persons, firms or corporations, or officer, agent or
employé thereof. United States v. Lewis..
282

MICHIGAN:

Railroad Commission Act: Under Railroad Commission
Act, as construed in the light of the constitution of Michigan,
the function of the Supreme Court of the State in reviewing
orders of the Commission fixing rates is judicial, not legis-
lative, and its final decree sustaining a rate established by the
Commission as not confiscatory is res judicata and can be so
pleaded in another action brought in the Federal court to
prevent the Commission from enforcing the rate. Detroit
& Mackinac Ry. v. Michigan R. R. Commission....

This court will not construe the act in absence of deci-
sion to that effect by state court as clothing the courts with
legislative power by granting them power to review orders
of the Commission. Id.

The constitution of Michigan separates legislative and
judicial powers and forbids giving the judicial department
legislative power. The provisions in this respect are dif-
ferent from the provisions of the constitution of Michigan
construed in Prentis v. Atlantic Coast Line. Id.

Whether Railroad Commission of Michigan did or did
not exceed its jurisdiction in making orders establishing
rates, the Supreme Court of the State had jurisdiction, and
one seeking to review the orders is barred by the decree of
that court. Id.

MINIDOKA IRRIGATION PROJECT:

Settlers can give rights of way over their claims to railroad
companies. Minidoka R. R. v. United States..
MISSISSIPPI:

Chapter 194, Laws of 1908, abolishing fellow-servant defense
as to certain claims of employers is not unconstitutional as
denying equal protection of the law. Id.

Chapter 215, Laws 1912, making happening of certain
classes of accidents prima facie presumptive of negligence
cuts off no substantive defense and does not deny due process
of law. Easterling Lumber Co. v. Pierce....

Not even when applied in the trial of an action for damages
sustained prior to enactment. Id.

402

211

380

MISSISSIPPI-Continued.

Constitutionality of Eight Hour Law involved, but case
dismissed for want of jurisdiction. Wathen v. Jackson Oil
Co... ...

MOOT CASE:

PAGE

635

This court does not pass on. Louis. & Nash. R. R. v. Finn 601
Hendrick v. Maryland.... .. 610

MORTGAGE:

See Constitutional Law.

Lien of, on personal property in Illinois expires after three
years and one extension of twelve months. Fallows v. Con-
tinental Savings Bank

MOTIVE. See Interstate Rendition.

MOTOR VEHICLES:

State has right to prescribe reasonable conditions and license
fees for use of highways. Maryland Motor Vehicle Law.
Hendrick v. Maryland...

See Police Power.

MULTIPLICITY OF SUITS. See Jurisdiction.

MUNICIPAL ORDINANCES. See Constitutional Law;
Franchises; Interstate Commerce; Ordinance; Police
Power.

MUNICIPALITIES. See Police Power.

NAMES, USE OF:

While transfer of person's name without any business may
not be sufficient to entitle transferee to prevent others from
using that name, it may be sufficient to put licensee on the
footing of licensor against another party of same name.
L. E. Waterman Co. v. Modern Pen Co.....

See Competition; Practice.

NASHVILLE GRAIN RESHIPPING CASE:
United States v. Louis. & Nash. R. R.....

NAVIGATION:

A State may not require a license for navigation, except in
exceptional cases as for compensation for improvements
made by itself, but it may enforce as to its own corporations,
having property within its borders, its usual system of taxa-
tion without infraction of the supreme law of the United

300

610

88

314

NAVIGATION-Continued.

States concerning navigation. Cornell Steamboat Co. v.
Sohmer.

NEBRASKA:

See United States.

Omaha, Nebraska, Ordinance requiring railroad to construct
viaduct over crowded street not unconstitutional. Missouri
Pacific Ry. v. Omaha....

NEGLIGENCE:

PAGE

549

121

Constituting defense of, abolished as to certain classes of em-
ployés in Ohio Workmen's Compensation Law. Jeffrey
Mfg. Co. v. Blagg...

571

Presumption of. See Mississippi.

Sufficiency of instructions as to. Texas & Pac. Ry. v. Ros-
borough...

429

See Employers' Liability Act.

NEW JERSEY. See Interstate Commerce.

NEW MEXICO:

Cases involving De Baca land grants within territory ceded
by Gadsden Treaty. Lane v. Watts....

17

NEW ORLEANS:

Belt Railroad Ordinances. See Constitutional Law.

NEW TRIAL:

Court cannot order, on newly discovered evidence after
end of term. United States v. Mayer..

55

Where there has been a verdict on first trial for plaintiff
which was set aside on the ground, that plaintiff had not
capacity to sue and on the second trial verdict was directed
for defendant on that ground, the Circuit Court of Appeals
in reversing cannot direct judgment on original verdict;
even if plaintiff waives a jury trial the case must be sent back
for new trial. McGovern v. Phila. & Reading R. R. . . . . .. 389
See Bill of Review; Jurisdiction.

NEW YORK:

Ordinance of New York City of May 11, 1906, revoking
license right of electric company to use streets under per-
mission given in 1878 did not impair the obligation of the
contract within the meaning of the Federal Constitution as
the right was granted under the implied condition of user
and had become subject to revocation by non-user. N. Y.
Electric Lines v. Empire City Subway...

179