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.
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.
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.
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.
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.
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.
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.
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.
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.
DAMAGES.
See INJUNCTION, 2.
DECLARATIONS.
See WILLS, 3.
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!
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.
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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