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enforcing such statute, and the Attorney General having refused to
comply with such order, the Circuit Court fined and committed him for
contempt, and this court refused to discharge him on habeas corpus. Ib.

CONTRACTS.

Weight of written portion of partly printed and partly written contract.
When there is a repugnancy between the printed and written provisions
of a contract, the writing is presumed to express the specific intention
of the parties and will prevail. In this case the written portion on the
receipt given for stocks, deposited with the broker as collateral on ac-
count, was held as specially applicable thereto and that the broker's
right to rehypothecate stocks under the printed portion of the contract
was confined to the stocks purchased and carried on margin. Thomas
v. Taggart, 385.

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1. Construction of copyright act as amended in 1891; effect of Berne Conven-
tion.
While the United States is not a party to the Berne Copyright Convention
of 1886, this court will hesitate to construe the copyright act as amended
March 3, 1891, in such manner that foreign authors and composers can
obtain advantages in this country which, according to that convention,
are denied to our citizens abroad. White-Smith Company v. Apollo
Company, 1.

2. Protection afforded wholly statutory.
What is included within the protection of the copyright statute depends
upon the construction of the statute itself, as the protection given to
copyright in this country is wholly statutory. Ib.

3. Effect of act of January 6, 1897 to enlarge sections of Revised Statutes.
The amendment of § 4966, Rev. Stat., by the act of January 6, 1897, 29
Stat. 481, providing penalties for infringements of copyrighted dramatic
or musical compositions, did not enlarge the meaning of previous and
unamended sections. Ib.

4. Musical compositions; what constitutes copy.
A "copy" of a musical composition within the meaning of the copyright
statute is a written or printed record of it in intelligible notation and this
does not include perforated rolls which when duly applied and properly

operated in connection with musical instruments to which they are
adapted produce the same musical tones as are represented by the signs
and figures on the copy in staff notation of the composition filed by the
composer for copyright. Ib.

5. Remedy of those not protected.

Considerations of the hardships of those whose published productions are
not protected by the copyright properly addressed themselves to Con-
gress and not to the courts.

Ib.

6. Intellectual conception not provided for in existing statute.

The existing copyright statute has not provided for the intellectual concep-
tion, even though meritorious, apart from the thing produced; but has
provided for the making and filing of a tangible thing against the dupli-
cation whereof it has protected the composer. Ib.

See PRACTICE AND PROCEDURE, 2.

CORPORATE NAME.

See COURTS, 2.

CORPORATIONS.

1. Consolidation; application of laws affecting constituent company.
A corporation formed by the consolidation of several existing corporations
is subject to the constitution and laws existing at the time of the consoli-
dation in the same manner as all other corporations formed under the
organic law of the State; and where the formation of the consolidated
corporation is not imposed upon it, the constitution and laws in force
become the law of its corporate being and if they prohibit the exemption
of property of corporations from taxation such an exemption existing in
favor of one of the constituent companies cannot be transferred to the
consolidated corporation, and under such circumstances the exemption
is not within the protection of the contract clause of the Constitution of
the United States. Yazoo & Miss. R. R. Co. v. Vicksburg, 358.

2. Consolidation; exemption in favor of constituent company not inuring to
benefit of.

An exemption in favor of a Mississippi corporation granted by ordinance
prior to 1890, held, not to inure to the benefit of consolidated corpora-
tion, of which the exempted corporation was one of the constituent
companies, organized after the adoption of the state constitution of 1890.
Ib.

See ACTIONS, 2;
JURISDICTION, B 5, 6.

COURTS

1. Interference with executive department.

Even if the power to review the determination of an executive department
exists, where the complainant is merely appealing from the discretion
of the department to the discretion of the court, the court should not

interfere by injunction where the complainant has no clear legal right
to the relief sought. National Life Insurance Co. v. National Life In-
surance Co., 317.

2. Same.

Where a corporation has taken the same name as that of an older corporation
the fact that it has a greater quantity of mail matter does not justify
the court in interfering with a special order of the Post Office Depart-
ment directing the delivery of matter not addressed by street and
number in accordance with Par. 4 of § 645 of the General Regulations
of 1902 to the one first adopting the name in the place of address. Ib.

3. Interference with executive officers.

While the courts cannot control the exercise of the discretion of an executive
officer, an injunction preventing such officer from enforcing an uncon-
stitutional statute is not an interference with his discretion. Ex parte
Young, 123.

4. Right of recourse to protect railroad interests.

The railroad interests of this country are of great magnitude, and the thou-
sands of persons interested therein are entitled to protection from the
laws and from the courts equally with the owners of all other kinds of
property, and the courts having jurisdiction, whether Federal or state,
should at all times be open to them, and where there is no adequate
remedy at law the proper course to protect their rights is by suit in
equity in which all interested parties are made defendants. Ib.

5. Effect of act of Congress of May 1, 1900 on local courts of Porto Rico and
their jurisdiction.

In establishing a civil government for Porto Rico Congress by § 33 of the
act of May 1, 1900, in scrupulous regard for local institutions and laws,
preserved the local courts and recognized their jurisdiction over local
affairs, including matters of probate jurisdiction. Garzot v. de Rubio,
283.

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1. Presumption of sanity of one accused of crime.

Even if the burden of proof be on the Government to prove the fact of the
prisoner's sanity, until evidence is given on the other side, the burden is
satisfied by the presumption arising from the fact that most men are
sane, and the trial judge is not bound to go further than to instruct the
jury that the Government is bound to prove the fact beyond reasonable
doubt, and that the jury consider all the evidence including the bearing
of the prisoner, and the manner of his own testimony. Battle v. United
States, 36.

2. Trial; argument of counsel.

An interruption of the court asking defendant's counsel to make a proper
argument held in this case to be justified and not a ground for excep-
tion. Ib.

3. Liability for consequences brought to pass, without personal presence.
A man may sometimes be punished in person where he has brought conse-
quences to pass, although he was not there in person. (In re Palliser,
136 U. S. 257.) United States v. Thayer, 39.

4. Solicitation of campaign contributions prohibited by § 12 of act of January
16, 1883.

A solicitation for funds for campaign purposes made by letter in violation
of § 12 of the Civil Service Act of January 16, 1883, c. 27, 22 Stat. 403,
is not complete until the letter is delivered to the person from whom the
contribution is solicited, and if the letter is received by one within a
building or room described in § 12 of the act the solicitation is in that
place and the sender of the letter commits the prohibited offense in the
prohibited place. Ib.

5. Sufficiency of indictment for accepting rebates prohibited by Elkins Act.
An indictment which clearly and distinctly charges each and every element

of the offense intended to be charged, and which distinctly advises the
defendant of what he is to meet at the trial is sufficient; and so held in
this case as to an indictment for accepting rebates prohibited by the
Elkins Act, although the details of the device by which the rebates were
received were not set out. Armour Packing Co. v. United States, 56.

6. Intent as essential.

While intent is to some extent essential in the commission of crime, and
without determining whether a shipper honestly paying a reduced rate
in the belief that it is the published rate is liable under the statute,
held that shippers who pay such a rate with full knowledge of the pub-
lished rates, and contend that they have a right so to do, commit the
offense prohibited by the Elkins Act, and are subject to the penalties
provided therein, even though their contention be a mistake of law.
Ib.

See CONSTITUTIONAL LAW, 2, 3, 9, 10;
JURISDICTION, D 2, 3.

CUBA.

See OFFICES;

PRINCIPAL ANd Agent, 2.

DAMAGES.

See INJUNCTION, 2.

DECLARATIONS.

See WILLS, 3.

DEEDS.

Cancellation on abandonment of object for which given.

A decree of the Supreme Court of Oklahoma cancelling a deed given to de-
fendant below in furtherance of a scheme of development of property
which had been abandoned, affirmed on the facts. Bogard v. Sweet, 464.

DEFENSES:

See ACTIONS, 1.

DEPORTATION.

See IMMIGRATION!

DEVICES.

See INTERSTATE COMMERCE, 1.

DISCRIMINATION.

See INTERSTATE COMMERCE.

DIVERSE CITIZENSHIP.
See JURISDICTION, B 5.

DIVERSION OF WATERS.
See CONSTITUTIONAL LAW, 1, 8, 14;
STATES, 2.

DRAMATIC COMPOSITIONS.

See COPYRIGHt, 3.

DUE PROCESS OF LAW.

See CONSTITUTIONAL LAW, 4, 5, 6, 7, 8;
JURISDICTION, B 4.

STATES, 5.

ELEVENTH AMENDMENT.

See STATES, 4, 7, 8.

ELKINS ACT.

See CONSTITUTIONAL LAW, 3;
INTERSTATE COMMERCE, 4.

EMINENT DOMAIN.

See PROPERTY RIGHTS, 1.

EMPLOYER AND EMPLOYÉ.

See MASTER AND SERVANT.

EQUAL PROTECTION OF LAWS.
See CONSTITUTIONAL LAW, 9, 10, 11, 12;
JURISDICTION, B 3, 4.

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