218 U. S. 476-486, 54 L. Ed. 1116, 31 Sup. Ct. 34, CHANTANGCO v. ABAROA.

Verdict of acquittal in criminal prosecution for burning storehouse carries with it exemption from civil liability in action for indemnification for such burning of storehouse under local law in Philippine Islands.

Distinguished in State v. Roach, 84 Kan. 177, 31 L. R. A. (N. S.) 674, 113 Pac. 401, acquittal upon criminal charge of selling intoxicating liquor is not bar to civil action against defendant by State to enjoin maintenance of place where intoxicating liquors are unlawfully sold.

Judgment in criminal proceeding as res judicata in civil or penal action. Note, 21 Ann. Cas. 1184, 1185.

218 U.

S. 487-493, 54 L. Ed. 1121, 31 Sup. Ct. 43, RICHARDSON v. McCHESNEY.

Suit to compel State official to certify names of nominees for Congress in conformity with act of 1852 at election in 1908 involves only moot question after election of his successor in office.

ration

Approved in Lisman v. Knickerbocker Trust Co., 211 Fed. 417, 128 C. C. A. 85, applying rule in railroad mortgage foreclosure; Kansas City etc. Ry. Co. v. Texas, 241 U. S. 651, 60 L. Ed. 1221, 36 Sup. Ct. 553, Director of Prisons v. Court of First Instance, 239 U. S. 634, 60 L. Ed. 478, 36 Sup. Ct. 220, and Lamar v. Splain, 235 U. S. 695, 59 L. Ed. 430, 35 Sup. Ct. 209, all dismissing for want of jurisdiction; United States v. Hamburg-Amerikanische Packet etc. Co., 239 U. S. 476, 60 L. Ed. 391, 36 Sup. Ct. 216, dismissing suit to dissolve corpoas illegal under Anti-trust Act, where case has become moot because of European war; Coppage v. Kansas, 236 U. S. 15, L. R. A. 1915, 960, 59 L. Ed. 446, 35 Sup. Ct. 240, Kansas statute of 1909, making it misdemeanor for employer to require employee to agree not to become or remain member of labor union during time of employment, is void; Stearns v. Wood, 236 U. S. 78, 59 L. Ed. 476, 35 Sup. Ct. 229, officer of national guard whose rights are not violated cannot question validity of general order issued by Secretary of War pursuant to act of 1903 as amended by act of 1908, relating to organization of militia and orders of adjutant-general of Ohio with respect to mobilization of national guard of that State; Marshall v. Dye, 231 U. S. 255, 58 L. Ed. 207, 34 Sup. Ct. 92, granting motion to substitute new members of State board of election commissioners where judgment was against members of election commission and their successors in office, and such board is continuing board; Pullman Co. v. Croom, 231 U. S. 577. 58 L. Ed. 377, 34 Sup. Ct. 182, dismissing appeal in suit to enjoin State controller from enforcing statute, where such officer dies pending appeal; Wingert v. First Nat. Bank of Hagerstown, 223 U. S. 672, 56 L. Ed. 605, 32 Sup. Ct. 391, dismissing appeal in suit by stockholder against national bank and its directors to enjoin alteration of bank building, where pending trial and appeal construction of new bank

building is completed; Buck's Stove etc. Co. v. American Federation of Labor, 219 U. S. 581, 55 L. Ed. 345, 31 Sup. Ct. 472, dismissing appeal where it appears from statements of counsel on both sides that case has become moot one; Phelps v. Cape Girardeau Water Works etc. Co., 165 Mo. App. 463, 464, 147 S. W. 133, disposition of mandamus proceeding to compel water company to restore service, left open for determination on appeal in damage action only amount of damages for breach of contract in shutting off water; State v. Cox, 87 Ohio St. 334, 101 N. E. 139, holding General Code, §§ 13681-13684, confers appellate jurisdiction upon State Supreme Court in criminal cases to extent specified in those sections, and question presented by bill of exceptions is not moot question.

Distinguished in Southern Pac. Terminal Co. v. Interstate Commerce Commission, 219 U. S. 514, 55 L. Ed. 316, 31 Sup. Ct. 279, appeal involving validity of order of commerce commission regulating charges of terminal company which is part of railroad and steamship system does not become moot case merely because order expires.

218 U. S. 493-512, 54 L. Ed. 1123, 31 Sup. Ct. 37, UNITED STATES, USE OF HINE v. MORSE.

Decree of court for sale of infant's property, though case was not made within authority of court, is not nullity and cannot be attacked collaterally. Approved in Briscoe v. Rudolph, 221 U. S. 554, 55 L. Ed. 851, 31 Sup. Ct. 679, judgment in special proceeding to assess benefits for street opening cannot be collaterally attacked in suit to enjoin sale under such judgment, where court had jurisdiction of parties and subject matter; Ex parte Harding, 219 U. S. 369, 37 L. R. A. (N. S.) 392, 55 L. Ed. 254, 31 Sup. Ct. 324, holding court having jurisdiction of subject matter and parties is competent to decide questions arising as to its jurisdiction and denying mandamus to compel Circuit Court to remand case in which it decided it had jurisdiction on issues of citizenship and separable controversy; Ex parte Lyman, 202 Fed. 304, holding indictment charging prisoner with conspiring with his guard and another to permit his escape from custody stated offense under Penal Code (Act of 1909), §§ 37 and 138; Spade v. Morton, 28 Okl. 391, 114 Pac. 727, failure of guardian to give notice of his intended application under sections 3509-3511, Manfield's Digest of Statutes of Arkansas, for order of sale of ward's real estate, does not render order of sale void on collateral attack.

Miscellaneous. Cited in Morse v. United States, 41 App. D. C. 377, 378, reciting history of litigation.

218 U. S. 513–516, 54 L. Ed. 1131, 31 Sup. Ct. 27, EAGLE MINING & IMP. CO. v. HAMILTON.

Under act of 1874 jurisdiction of Federal Supreme Court upon appeal from territorial Supreme Court is limited to inquiry whether findings of fact

made by court below support its judgment and to review of exceptions duly taken.

masse

Approved in Territory of Arizona v. Copper Queen Consolidated Min. Co., 233 U. S. 89, 58 L. Ed. 864, 34 Sup. Ct. 546, affirming judgment of Supreme Court of Territory of Arizona that board of equalization had no power under territorial statute to raise separate assessed valuation of certain mining claims of groups which had been assessed en originally; Citizens' Nat. Bank v. Davisson, 229 U. S. 217, Ann. Cas. 1915A, 272, 57 L. Ed. 1156, 33 Sup. Ct. 625, holding under act of April, 1874, review by Federal Supreme Court of judgment of territorial Supreme Court is limited to determining whether facts sustain judgment, and affirming judgment that bank as escrow-holder is liable for having failed to act impartially; Rosaly v. Graham Y. Frazer, 227 U. S. 590, 57 L. Ed. 657, 658, 33 Sup. Ct. 333, holding findings of fact support judgment in suit to determine title to real estate in Porto Rico; Zeckendorf v. Steinfeld, 225 U. S. 449, 56 L. Ed. 1161, 32 Sup. Ct. 728, construing contract relating to sale of mining properties in Arizona and holding that agreement that company could acquire purchased was carried out and not rescinded; Zeckendorf v. Steinfeld, 15 338, 138 Pac. 1045, where both parties to suit appealed from territorial Supreme Court to Federal Supreme Court and statement of in nature of special verdict was made, as provided by act of 1874, District Court could not after remand reopen case and hear evidence, but could only enter judgment in conformity with mandate.

group Ariz.

facts

218. S. 517-531, 54 L. Ed. 1133, 31 Sup. Ct. 28, UNITED STATES v. MASON..

Clerks of Federal courts are not controlled in respect to fees and emoluments by sections 5490 and 5497, relating to embezzlement of money and property of United States by officers and others charged with safekeeping thereof.

Approved in Anderson v. Pacific Coast Steamship Co., 225 U. S. 199, 56 L. Ed. 1053, 32 Sup. Ct. 626, coastwise sea-going vessels sailing under register and having officers with Federal pilot's licenses are not free from liability for pilotage fees under State laws by virtue of section 51 of Act of 1871, as re-enacted in Revised Statutes, §§ 4401 and 4444.

Fees and emoluments of clerks of Federal courts are not received as money or property belonging to United States, but as amount allowed for compensation and office expenses, and as to surplus for which clerk must account he is not trustee but debtor.

Court

Approved in United States v. Oliphant, 230 Fed. 6, 144 C. C. A. 299, under section 918 (Comp. Stats. 1913, § 1544), and rule of Circuit requiring record in equity suits and on demurrers and rules to show cause to be printed under supervision of clerk and providing for taxing of costs against losing party, where clerk charged amount in excess of cost of printing, amount should have been reported and

paid to government; United States v. MacMillan, 209 Fed. 269, 271, 272, 273, money collected by clerk of Federal court for official services belongs to him subject to account semi-annually and to pay excess into treasury, and government is not entitled to interest he may receive pending semi-annual return.

Necessity of allegation of demand and refusal to pay in indictment for embezzlement. Note, Ann. Cas. 1914D, 1318.

218 U. S. 532-546, 54 L. Ed. 1139, 31 Sup. Ct. 98, UNITED STATES v. HEINZE.

Supreme Court has jurisdiction of appeal by government under act of 1907, where Circuit Court held indictment insufficient because facts alleged did not constitute crime under statute as construed by it.

Approved in United States v. Heinze, 218 U. S. 548, 21 Ann. Cas. 884, 54 L. Ed. 1146, 31 Sup. Ct. 98, following rule; United States v. Patten, 226 U. S. 535, 44 L. R. A. (N. S.) 325, 57 L. Ed. 338, 33 Sup. Ct. 141, Federal Supreme Court on appeal under Criminal Appeals Act of 1907 is bound by lower court's construction of indictment, and where decision of lower court assumes that every element of combination is present, Supreme Court has jurisdiction to determine that corner in cotton is violation of Sherman Anti-trust Act.

Constitutionality of statute giving State right to appeal in criminal case. Note, L. R. A. 1915F, 1096.

Constitutionality of statute denying right to appeal in certain classes of cases. Note, 44 L. R. A. (N. S.) 1210.

218 U. S. 547-551, 54 L. Ed. 1145, 31 Sup. Ct. 102, UNITED STATES V. HEINZE.

Criminal liability of officer of national bank for misapplication of funds of bank. Note, 21 Ann. Cas. 888.

218 U. S. 551-563, 54 L. Ed. 1147, 31 Sup. Ct. 95, ILLINOIS CENTRAL R. R. CO. v. KENTUCKY.

Federal Supreme Court has jurisdiction of writ of error to State court in case in which Federal question is first raised by petition for rehearing, where State court entertains petition and decides question raised.

Distinguished in State v. Hazzard, 76 Wash. 587, 137 Pac. 143, denying motion to amend record to make it appear that court considered and overruled constitutional question raised by accused in petition for rehearing, so as to sustain writ of error from Federal Supreme Court.

218 U. S. 563-572, 54 L. Ed. 1151, 31 Sup. Ct. 132, GRIFFITH V. CONNECTICUT.

Classification of statute of Connecticut of 1907 limiting interest on loans and excepting loans by national banks, State banks, and trust com

panies, and mortgages on real and personal property is reasonable, and does not deny equal protection of law.

Approved in International Harvester Co. v. Missouri, 234 U. S. 215, 52 L. R. A. (N. S.) 525, 58 L. Ed. 1284. 34 Sup. Ct. 859, upholding Missouri anti-trust laws of 1899 and 1909, embracing venders of commodities, but not venders of labor and services; German Alliance Ins. Co. v. Lewis, 233 U. S. 413, L. R. A. 1915C, 1189, 58 L. Ed. 1022, 34 Sup. Ct. 612, upholding Kansas statute of 1909, regulating rates of fire insurance, although it excepts farmers' mutual insurance companies from its operation; Mutual Loan Co. v. Martell, 222 U. S. 236, Ann. Cas. 1913B, 529, 56 L. Ed. 180, 32 Sup. Ct. 74, upholding statute of Massachusetts of 1908, making invalid assignments for security for debts of less than two hundred dollars of wages to be earned unless accepted in writing by employer, consented to by wife of assignor, and filed in public office; American Land Co. v. Zeiss, 219 U. S. 65, 55 L. Ed. 97, 31 Sup. Ct. 200, upholding California statute of 1906 to establish titles in case of loss of public records by flood, fire or earthquake; BrunswickBalke-Collander Co. v. Evans, 228 Fed. 997, upholding section 215, Lord's Oregon Laws, providing for punishment of persons keeping open and shops on Sunday and exempting keepers of drug-stores and Others specified; State Savings etc. Bank v. Anderson, 165 Cal. 443, 132 Pac. 758, upholding Banking Act (Stats. 1909, p. 115), § 136, authorizing superintendent of banks, believing bank is unsafe, to take possession of its property and business; Newman v. United States, 41 App.

stores

more

D. C. 49, upholding act of Congress of 1913 permitting resident individuals and foreign corporations to be licensed as pawnbrokers in District of Columbia, but excluding nonresident individuals; Reagan V. District of Columbia, 41 App. D. C. 413, upholding act of Congress of 1913 requiring license to loan money in District of Columbia at than six per cent interest on security exempting national banks and others specified from its operation; King v. State, 136 Ga. 714, 716, 717, 71 S. E. 1095, 1096, upholding act of 1908 making it misdemeanor to charge rate of interest greater than five per cent per month either directly or indirectly; Carr v. State, 175 Ind. 260, 32 L. R. A. (N. S.) 1190, 93 N. E. 1077, upholding act of 1909 repealing that part of act of 1905 making it unlawful to play baseball on Sunday; State V. Fairmont Creamery Co., 153 Iowa, 714, 42 L. R. A. (N. S.) 821, 133 N. W. 900, upholding section 5028b of Code Supplement of 1907, as amended by act of 33d Assembly, prohibiting discrimination between different sections by purchasers of specified products; Commonwealth v. Libbey, 216 Mass. 358, Ann. Cas. 1915B, 659, 49 L. R. A. (N. S.) 879, 103 N. E. 924, upholding statute of 1910 requiring employer advertising for employees during strike, to mention fact that strike exists; Commonwealth v. Riley, 210 Mass. 394, Ann. Cas. 1912D, 388, 97 N. E. 370, upholding statute of 1902 regulating hours of labor of women and children employed in mechanical and manufacturing establish

ments.