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tice Bros Co. v. Barnard, 209 Fed. 593, 595, 126 C. C. A. 411, upholding Indiana Statute of 1907, c. 104, relating to adulteration of food products and rules adopted thereunder by State board of health, prohibiting use of benzoate of soda as food preservative; Connecticut Co. v. Norwalk, 89 Conn. 532, 94 Atl. 994, upholding act of 1913 authorizing Public Utilities Commission to determine number of street railway tracks to be laid across bridge constructed under such act.

While there is much diversity of opinion as to danger of explosion from kerosene oil and of the power to ascertain its illuminating capacity, question is not so far beyond domain of debate that legislature may not require reasonable inspection before permitting its sale in State.

Approved in Curtice Bros. Co. v. Barnard, 209 Fed. 595, 126 C. C. A. 411, upholding Indiana Statute of 1907, c. 104, relating to adulteration of food products, and rules adopted thereunder by State Board of Health, prohibiting use of benzoate of soda as food preservative.

Law cannot be declared invalid because in opinion of court it does not accord with sound policy.

Approved in Davis v. Florida Power Co., 64 Fla. 269, Ann. Cas. 1914B, 965, 60 South. 766, 5 N. C. C. A. 942, upholding statute giving right of action for death of minor child against corporation 3 and associations, but not against individuals; State v. Rice, 158 N. C. 639, 39 L. R. A. (N. S.) 266, 74 S. E. 583, upholding ordinance prohibiting keeping of pigs within city limits, or within one-fourth mile thereof; Castle v. Mason, 91 Ohio State, 302, 110 N. E. 464, holding State has power to enact statute for inspection of oils, but Ohio statute of 1908 is void as burden on interstate commerce.

222 U. S. 395–400, 56 L. Ed. 246, 32 Sup. Ct. 162, ARAN v. ZURRINACH. Not cited.

222 U. S. 401-403, 56 L. Ed. 248, 32 Sup. Ct. 168, TITLE GUARANTY & SURETY CO. v. UNITED STATES, USE OF GENERAL ELECTRIC CO. Provision of Revised Statutes, section 1007, making allowance of writ of error and lodgment of same in clerk's office within sixty days essential prerequisite of granting supersedeas is not affected by Judiciary Act of 1891, section 6.

Approved in Gould v. United States, 205 Fed. 887, 126 C. C. A. 1, denying motion to set aside superseding order made upon second writ of error on ground that supersedeas cannot issue on second writ of error or more than sixty days after judgment, where superseding order on first writ of error still in force is valid and motion presents only moot question; Roberts v. Kendrick, 211 Fed. 971, 128 C. C. A. 468, and Roberts v. Kendrick, 211 Fed. 1024, 128 C. C. A. 559, both vacating

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supersedeas order issued on writ of error sued out more than sixty days after entry of judgment.

222 U. S. 404-415, 56 L. Ed. 249, 32 Sup. Ct. 134, VOGT V. GRAFF AND VOGT.

Rule of Shelley's Case is rule of property in District of Columbia, but in every case question is whether rule is applicable, and where testator uses word "heirs," as mere descriptio personarum rule does not apply.

Approved in Prall v. Prall, 39 App. D. C. 104, holding under grant to children with remainders to their children as tenants in common in fee simple, grandchildren take directly from grantor and not by devolution from their parents.

Rule of Shelley's Case does not apply unless both estates are legal or both equitable, and where particular estate is equitable and estate in remainder is legal, two estates do not merge.

Approved in Steele v. Highland Park Mfg. Co., 212 Fed. 982, holding conveyance by will of tract of land to son for use of grandson during his life, then to convey to appointee by will of grandson, or in default of will, to his heirs in fee, was executory trust, and after death of son intestate deed of grandson to tract held under trust conveyed only his life estate, as rule in Shelley's case, although in force in State of South Carolina, was inapplicable; Shugrue v. Long, 82 N. J. L. 724, 39 L. R. A. (N. S.) 257, 82 Atl. 908, holding equitable life estate and legal remainder in fee do not merge.

222 U. S. 415–424, 56 L. Ed. 253, 32 Sup. Ct. 137, WILLIAMS v. WALSH. Legislation which makes acts criminal which are done after they are forbidden, and assigns no penalties to acts done in pursuance of obligations legally incurred, is not arbitrary classification.

Approved in People v. Griswold, 213 N. Y. 98, L. R. A. 1915D, 588, 106 N. E. 931, upholding Public Health Law (Consol. Laws, c. 45), § 194, permitting practice of dentistry only by those licensed within State prior to adoption of act and those subsequently licensed thereunder.

Law cannot be declared invalid at instance of one not affected by it. Approved in Hendrick v. Maryland, 235 U. S. 621, 59 L. Ed. 390, 35 Sup. Ct. 140, resident of District of Columbia failing to show that he has complied with prerequisites under Maryland Motor Vehicle Laws of 1910, c. 207, § 140a, to limited use of highways without cost by residents of other States, cannot complain that residents of District of Columbia are not included among those to whom privileges are granted; Standard Home Co. v. Davis, 217 Fed. 914, upholding Arkansas act of 1913, regulating investment companies; Stinson v. State, 63 Fla. 45, 58 South. 723, upholding Acts of 1909, c. 5973, §§ 1, 2, as to fishing with seines

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or nets in specified counties, after adjudication that section 4, is void, where validity of sections 1 and 2, as to person arrested for violating them is not affected by validity or invalidity of section 4; State v. Reaser, 93 Kan. 629, 145 Pac. 839, upholding Laws of 1911, c. 222, requiring operators of coal mines to provide washhouses of specified dimensions and equipment; Sexton v. Newark District Telegraph Co., 84 N. J. L. 96, 86 Atl. 455, 3 N. C. C. A. 579, upholding Employers' Liability Act of 1911, abolishing defenses of fellow-servant assumed risk, and contributory negligence.

Who may raise objection to constitutionality of statute or ordi-
nance. Note, Ann. Cas. 1915C, 58.

Police regulations as to branding or labeling articles of commerce.
Note, 40 L. R. A. (N. S.) 878, 880.

222 U. S. 424-444, 56 L. Ed. 257, 32 Sup. Ct. 140, SOUTHERN RY. CO. v. REID.

Where State and Congress have concurrent power, that of State is superseded when power of Congress is exercised.

Approved in Southern Ry. Co. v. Reid, 222 U. S. 447, 56 L. Ed. 264, 32 Sup. Ct. 140, following rule; Charleston etc. Ry. Co. v. Varnville Furniture Co., 237 U. S. 604, Ann. Cas. 1916D, 333, 59 L. Ed. 1140, 35 Sup. Ct. 715, 100 S. C. 229, holding provision of South Carolina Civil Code, § 2573, imposing penalty on carrier for failure to settle claim for overcharges within specified time, so rendered, void as to interstate shipment by Carmack Amendment; Missouri etc. Ry. Co. v. Harris, 234 U. S. 418, L. R. A. 1915E, 942, 58 L. Ed. 1382, 34 Sup. Ct. 790, upholding Texas statute of 1909, allowing reasonable attorney's fees in suits on contested claims less than specified amounts, as applied to claim on interstate shipment; Port Richmond etc. Ferry Co. v. Board of Chosen Freeholders, 234 U. S. 330, 58 L. Ed. 1336, 34 Sup. Ct. 821, holding State may establish round-trip rates over interstate ferry from shores in State to shores of another State, in absence of congressional action; Barrett v. New York, 232 U. S. 33, 58 L. Ed. 491, 34 Sup. Ct. 203, New York ordinance licensing expressmen is void as conflicting with Act of Congress of 1906, c. 3591; Simpson v. Shepard, 230 U. S. 400, Ann. Cas. 1916A, 18, 48 L. R. A. (N. S.) 1151, 57 L. Ed. 1541, 33 Sup. Ct. 729, holding State may, in absence of congressional legislation, regulate intrastate rates of interstate carrier, although relations between interstate and intrastate rates are thereby disturbed; McDermott v. Wisconsin, 228 U. S. 132, Ann. Cas. 1915A, 39, 57 L. Ed. 766, 33 Sup. Ct. 431, Wisconsin law of 1907, relating to labeling of syrups is void as conflicting with Food and Drugs Act of 1906; Adams Express Co. v. Croninger, 226 U. S. 506, 44 L. R. A. (N. S.) 257, 57 L. Ed. 320, 33 Sup. Ct. 148, holding Carmack Amendment of 1906, to Act to Regulate Commerce

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of 1887, supersedes State regulations upon same subject; Chicago etc. Ry. Co. v. Hardwick Farmers' Elevator Co., 226 U. S. 435, 46 L. R. A. (N. S.) 203, 57 L. Ed. 287, 33 Sup. Ct. 174, holding Minnesota reciprocal demurrage law of 1907, void as to interstate shipments under Hepburn Act of 1906; Savage v. Jones, 225 U. S. 529, 533, 534, 56 L. Ed. 1193, 1195, 32 Sup. Ct. 715, upholding Indiana statute of 1907, requiring disclosure of ingredients of concentrated commercial food for stock; Procter & Gamble Co. v. United States, 225 U. S. 297, 56 L. Ed. 1097, 32 Sup. Ct. 761, holding commerce court has no jurisdiction over claim to recover on money demand based on illegality of demurrage charges upon tank cars exacted by railroad, where commission has refused to allow claim; Mondou v. New York etc. R. R. Co., 223 U. S. 55, 38 L. R. A. (N. S.) 44, 56 L. Ed. 348, 32 Sup. Ct. 169, 1 N. C. C. A. 888, upholding Federal Employers' Liability Act of 1908, as amended in 1910; Gardner v. Western Union Tel. Co., 231 Fed. 411, 145 C. C. A. 399, holding amendment of 1910, to Interstate Commerce Act supersedes provision of Oklahoma Constitution, art. XXIII, § 9, avoiding contract stipulating for notice other than provided by law as condition to establish claim, as applied to interstate telegram; Corn Products Refining Co. v. Weigle, 221 Fed. 993, holding Wisconsin statute of 1913, prohibiting sales of syrup not labeled to show percentage of glucose, void as conflicting with Federal Food and Drugs Act of 1906; United States v. McCullagh, 221 Fed. 295, holding void act of Congress of 1913, for protection of migratory birds; J. H. Hamlen & Sons Co. v. Illinois Cent. R. Co., 212 Fed. 326, holding Carmack Amendment applies only to interstate, not to foreign, commerce, and carrier not having filed through rate to foreign county, as it could not do without violating commerce act, is not liable on guaranty that shipment would be transported by connecting steamship at specified rate; Smith v. Atchison etc. Ry. Co., 210 Fed. 990, holding action for negligence in handling interstate shipment in cause arising under Interstate Commerce Act, and is removable to Federal District Court under Judicial Code, § 28; McGoon v. Northern Pac. Ry. Co., 204 Fed. 999, holding action to recover damages to interstate shipment is one arising under Carmack Amendment to Interstate Commerce Act, and is removable under Judicial Code, § 24, without regard to amount involved; Louisville etc. R. Co. v. Hughes, 201 Fed. 737, 739, 749, 750, 751, Ohio Act of 1910, requiring inspection of locomotives is superseded by act of Congress on same subject as applied to locomotives entering state from Kentucky to terminal in Ohio; Delaware etc. R. Co. v. Troxell, 200 Fed. 45, 118 C. C. A. 272, holding action for death of employee occurring after passage of Federal Employers' Liability Act is governed by such act, where facts pleaded bring it within terms of act, although recovery is sought under State statute which is superseded and judgment on merits in such action is bar to second action under

Federal Employers' Liability Act; The Ingrid, 195 Fed. 602, holding Criminal Code, § 233, authorizing Interstate Commerce Commission to issue regulations for transportation of explosives by land, governs such transactions in interstate or foreign commerce, and New Jersey law is inapplicable to explosion of dynamite on carrier's pier injuring vessel; State v. Western etc. R. Co., 138 Ga. 841, 76 S. E. 580, lease of railroad by State owning it, which requires through freight rates not to be greater per ton mile than local rate fixed by Railroad Commission, is void as in conflict with Interstate Commerce Act as amended in 1906; Atlantic Coast Line R. Co. v. Thomasville Live Stock Co., 13 Ga. App. 106, 78 S. E. 1021, holding Carmack Amendment does not supersede provision of Civil Code, § 2752, authorizing suit against terminal carrier, as applied to interstate shipment; Cleveland etc. R. Co. v. Blind, 182 Ind. 412, 105 N. E. 489, upholding limitation of liability in filed schedules for intrastate shipment, where shipper made no request to ship with unlimited liability at higher rate, and there is no proof that such demand would have been unavailing; Wabash R. Co. v. Priddy, 179 Ind. 490, 491, 101 N. E. 727, holding act of 1905, relating to contracts limiting liability of carrier, is superseded as to interstate shipments by act of 1906, amending Interstate Commerce Act; Southern Ry. Co. v. Railroad Commission, 179 Ind. 31, 100 N. E. 340, upholding statute of 1907, requiring railroad locomotives or cars to be equipped with grab-irons or handholds in sides or ends thereof; Kirby v. Union Pac. R. Co., 94 Kan. 491, 146 Pac. 1185, holding fact that destination of interstate shipment is changed in transit does not alter its interstate character, and State law is inapplicable; Louisville etc. R. Co. v. Miller, 156 Ky. 681, 50 L. R. A. (N. S.) 819, 162 S. W. 74, upholding limitation of liability for passenger's baggage in interstate transportation under Rule 17, of filed tariff schedules; Donovan v. Wells, Fargo & Co., 265 Mo. 304, 177 S. W. 843, upholding contract limiting liability of carrier for injury to interstate shipment to declared value in consideration of reduced rate; Sims v. Missouri Pac. Ry. Co., 177 Mo. App. 26, 163 S. W. 277, holding limitation of liability for loss of or damage to interstate shipment valid under Carmack Amendment; Rich v. St. Louis etc. R. Co., 166 Mo. App. 389, 148 S. W. 1014, holding right of action for death of employee engaged in interstate commerce cannot be maintained by widow under Rev. Stats. Mo., §§ 5425, 5427, but must be by personal representative under Federal Employers' Liability Act of 1908; Melzner v. Northern Pac. Ry. Co., 46 Mont. 286, 127 Pac. 1003, holding under Federal Employers' Liability Act, personal representative is proper party plaintiff in action for death of railroad employee engaged in interstate commerce at time of injury; E. D. Clough & Co. v. Boston etc. R. R. Co., 77 N. H. 227, Ann. Cas. 1915B, 1195, 90 Atl. 865, holding in action to recover freight charges on interstate shipment in excess of that allowed by State

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