NEW YORK-Continued.

PAGE

New York Penal Laws, §§ 580. 583, making an agreement
to commit any act for perversion of justice if overt act com-
mitted may include the withdrawal by connivance of a per-
son from an insane asylum to which he has been duly com-
mitted by order of court as a lunatic. Drew v. Thaw...... 432
Section 184, Tax Law, imposing tax on transportation com-
panies of the State for privilege of carrying on business in
corporate capacity within State based on gross earnings of
wholly intrastate business not violative of commerce clause
of Federal Constitution, nor a license for privilege of navigat-
ing public waters of United States which is granted by Fed-
eral law, but merely a license on business in a corporate
capacity. Cornell Steamboat Co. v. Sohmer...

NEW YORK HARBOR:

Tows made up in harbor on New Jersey side for convenience
and thence towed to the points in New York State not
passing through any other State not interstate commerce
so as to be removed from tax control of New York. Cornell
Steamboat Co. v. Sohmer.

NEWSPAPERS:

Allowed under certain conditions for certain purposes in
evidence. Lawlor v. Loewe ...

549

549

522

NOLO CONTENDERE, PLEA OF. See Mandate.

NON-USER:

Franchise may be lost by, and become subject to revoca-
tion. N. Y. Electric Lines v. Empire City Subway..
NORTH CAROLINA:

Slick Rock and Tellico Basin section of boundary between
North Carolina and Tennessee determined. North Carolina
v. Tennessee...

Cession Act of 1789 construed and held further consent of
Congress to agreement with Tennessee to settle boundary
not essential under Art. I, § 10, cl. 3 of the Federal Constitu-
tion. Id.

179

1

Bill of review in regard to land within the State as deter-
mined by decree in above case refused. Hopkins v. Hebard 287
OCCUPATION TAX. See Oklahoma.

OFFICERS, OF ASSOCIATIONS:

When members may be jointly liable with, for acts. Lawlor
v. Loewe.

522

OFFICERS OF COURTS. See Clerk's Fees.

OFFICERS, OF STATES:

May so administer state statute fair on its face as to amount
to denial of equal protection of the law by the State itself
as against a class discriminated against. McCabe v. Atchi-
son, Topeka & Santa Fe Ry. . .

No such discrimination in this case. Id.

PAGE

151

Duty of sheriff to levy execution in the absence of instruc-
tions to contrary. Fallows v. Continental Savings Bank.... 300
Members of State Banking Board not subject to judicial
review in regard to administration of Depositors' Guaranty
Funds. They are state officers. Lankford v. Platte Iron Works 461
Am. Water Co. v. Lankford

496

Farish v. State Banking Board..

498

Effect of appearance for members of State Banking Board
where statute does not provide for waiver of immunity of
suit. Farish v. State Banking Board...

498

OFFICERS, OF UNITED STATES:

Against public policy to contract to improperly influence
and void. Sage v. Hampe....

99

Quartermaster General can modify contract for building
vessel so as to waive liquidated damages for delay under
certain conditions. Maryland Steel Co. v. United States.... 451
OHIO WORKMEN'S COMPENSATION ACT:

Provisions in Workmen's Compensation Act establishing
plan open on equal terms to all employers of over five em-
ployés and abolishing defenses of fellow servant and con-
tributory negligence as to all such employers not entering
plan, held not unconstitutional as denial of equal protection
of the law. A classification based on number of employés
is not unreasonable. Jeffrey Mfg. Co. v. Blagg....
OKLAHOMA:

Snyder's Comp. Laws, § 480, prohibiting importation of
intoxicating liquors not repugnant to commerce clause of
Federal Constitution. Overton v. Oklahoma.

571

31

Under Enabling Act, Oklahoma admitted to Union on equal
footing with original States and has same authority as other
States to enact legislation not in conflict with Federal Con-
stitution. McCabe v. Atchison, Topeka & Santa Fe Ry..... 151
Separate Coach Law not unconstitutional as repugnant to
commerce clause as state courts construed it as relating only
to intrastate commerce. Id.

OKLAHOMA-Continued.

Separate Coach Law unconstitutional as denying equal
protection of the law in that it does not require equal ac-
commodations for both African and white races in regard to
all classes of cars although there may be only a limited de-
mand for sleeping, dining and chair cars by persons of
African race. Id.

PAGE

Gross Revenue Tax on coal mining illegal as to lessees of
United States under leases made pursuant to Choctaw and
Chickasaw Agreement of 1897; lessees are instrumentalities
of Federal Government. Choctaw &c. Ry. v. Harrison.... 292
Gross Revenue Tax on coal mining being evidently for pur-
pose of securing a percentage on all sales in addition to
ad valorem taxes is in effect a privilege or occupation tax,
regardless of what state court and legislature call it. Id.
Bank Guaranty Fund Cases. See Eleventh Amendment.

OMAHA:

Viaduct Case. Missouri Pacific Ry. v. Omaha.

OPPORTUNITY TO BE HEARD.

121

See Constitutional

Law; Due Process; Fourteenth Amendment.

ORDINANCES:

Ordinances construed:

Of Chicago, Illinois (street assessment). Willoughby v.
Chicago.

45

Of Omaha, Nebraska (railway viaduct). Missouri
Pacific Ry. v. Omaha...

121

Of New Orleans, Louisiana (Belt R. R.). Louisiana Ry.
& Nav. Co. v. New Orleans...

164

Of New York City (electric lines). N. Y. Electric Lines v.
Empire City Subway..

179

Of Covington, Kentucky (street railway regulations).
South Covington Ry. v. Covington

537

Validity of: Ordinance otherwise valid not necessarily un-
constitutional as denying due process of law because work
required might be done differently or less expensively. Mis-
souri Pacific Ry. v. Omaha

....

Or because it requires work to be done in too short a
period. Such a provision may be separable and if comple-
tion is physically impossible, a court of equity can relieve. Id.
-Police ordinance containing several provisions independ-
ent of each other may be constitutional as to those which are

121

ORDINANCES-Continued.

PAGE

within, and unconstitutional as to those which are beyond,
constitutional limitations. South Covington Ry. v. Covington 537
See Constitutional Law; Franchises; Interstate Com-
merce; New York; Police Power.

PARLOR CARS. See Florida; Taxes.

PARTIES:

Question of superior title of contesting claimants to lands
acquired from a foreign country by treaty cannot be deter-
mined in an action between one claimant and the Govern-
ment to which the other claimant is not a party. Lane v.
Watts......

Where state officers are parties. See Eleventh Amendment.
To action in Federal court. See Citizenship; Domicil.
Who may raise jurisdictional question. See Jurisdiction.
Who may raise constitutional question. See Constitutional
Law; Maryland Motor Vehicle Law.

PARTNERSHIP:

A partner cannot participate in commissions of the firm on
sales of investments to estate of which he is trustee. Ma-
gruder v. Drury. .

PATENTS:

17

106

For invention: Right conferred under laws of United States is
confined to United States and its Territories, and infringe-
ment cannot be predicated of acts done wholly in a foreign
country. Dowagiac Mfg. Co. v. Minnesota Plow Co........ 641
Exclusive right conferred by patent is property; its in-
fringement is a tortious taking of a part thereof. Id.

Normal measure of damages for infringement is value of
what was taken. Id.

Upon accounting in suit for infringement of patented.
part of machine the commingled profits should be appor-
tioned between what was and what was not covered by the
patented portion. All that which was not patented belongs
to the seller. If plaintiff's patent only covered part of the
patented machine and created only part of the profits he
must take initiative in presenting evidence looking to the
apportionment of profits. Id.

-Adequate basis is not laid for assessment of damages for
loss of sale by showing number of infringing machines sold
by defendant unless plaintiff shows that he lost that number
of sales and could have delivered the machines. Id.

PATENTS-Continued.

Value of what was taken may be shown by proof of
established royalty, or if none by what would be a reason-
able royalty. Id.

Testimony of experts and of persons experienced in the
particular business may be produced to show a proper ap-
portionment of damages for infringement of a part of a
patented machine. Id.

See Costs.

For designs. See Copyright
For land. See Public Lands.

PENALTIES:

Courts of equity can relieve from unwarranted penalties for
failure to comply with ordinance if complete compliance is
impossible within prescribed period. Missouri Pacific Ry. v.
Omaha.

See Common Carrier; Constitutional Law; Georgia.
PEONAGE:

PAGE

121

Congress, in passing peonage laws under Thirteenth Amend-
ment undertook to strike down all laws in States and Terri-
tories which permitted, or attempted to maintain, voluntary
or involuntary service or labor of persons or peons in
liquidation of debts or obligations. United States v. Reynolds 133
Statutory provisions of Alabama by which persons charged
with and confessing crime can be released on bond with
surety who pays fine under liability if separate punishment
for failure to carry out contract with surety for liquidating
debt by service fall within the prohibitions of the Thirteenth
Amendment and amount to peonage. Id.

Peonage is a condition of compulsory service based on the
indebtedness of the servant to the master. Constant fear of
punishment renders the work compulsory. Id.

The basal fact in peonage is the indebtedness of the peon.
Id.

PENAL CODE. See Criminal Code; Criminal Law; Mail;
Words.

PERSONAL INJURIES. See Employers' Liability Act;
Ohio.

PHYSICIANS:

Evidence of, in action for personal injuries brought under
Employers' Liability Act excluded under § 2535, subd. 6,
Rev. Stat., Arizona. Arizona & New Mex. Ry. v. Clark... 669