Federal questions reviewable in actions under Federal Employers' Liability Act. Note, 9 N. C. C. A. 457.

Federal Employers' Liability Act. Note, L. R. A. 1915C, 75.

General rules applicable to actions under Federal Employers' Liability Act. Note, 6 N. C. C. A. 91.

The Federal Employers' Liability Act as construed and applied by the Supreme Court of the United States down to April 5, 1915. Note, 8 N. C. C. A. 21, 22.

Miscellaneous. Cited in Medley v. West Virginia, 226 U. S. 605, 57 L. Ed. 378, 33 Sup. Ct. 325, dismissing for want of jurisdiction.

225 U. S. 489-501, 56 L. Ed. 1177, 32 Sup. Ct. 711, DAVID LUPTON'S SONS CO. v. AUTOMOBILE CLUB.

Where trial of action at law is before referee pursuant to stipulation, findings of fact are conclusive, and only question for Supreme Court is whether there was error of law in judgment upon facts found by referee. Approved in Grant v. National Bank of Auburn, 232 Fed. 208, 210, holding in action by trustee to recover property as preference, trial court cannot review referee's findings of facts, where parties stipulated for trial by referee, and entry of judgment on decision of such referee, though no statute provided for such stipulation; Rutan v. Johnson, 231 Fed. 373, 145 C. C. A. 363, findings of district judge on disputed facts, on exception to master's reporting action at law referred to master by stipulation of parties, are conclusive; Delaware etc. R. Co. v. Caboni, 223 Fed. 632, 139 C. C. A. 177, holding in action for death under Federal Employers' Liability Act of 1908, tried before referee by stipulation, conclusion of negligence of railroad in not stationing watchman to warn laborers on track, was supported by findings of fact; J. G. White & Co. v. Ball Engineering Co., 223 Fed. 619, 139 C. C. A. 164, reversing judgment for plaintiff based on findings of fact of referee in action for conversion, where United States under sovereign power took property and leased it to defendant; Grant v. National Bank of Auburn, 221 Fed. 1008, holding defendant may appeal from judgment, entered on report from referee in bankruptcy pursuant to stipulation of parties, and such appeal will bring up question of whether or not findings of referee support judgment; Edenborn v. Sim, 206 Fed. 277, 124 C. C. A. 339, holding in action to recover contribution to syndicate on ground of fraud referee's finding of no actual fraud, but constructive fraud in that agent of subscribers failed to disclose his interest in properties to be purchased by syndicate, was conclusive on writ of error.

Limited in Lillie v. Dennert, 232 Fed. 106, 146 C. C. A. 296, where issues of fact arising on motion to enter satisfaction of judgment are impliedly submitted to judge without written stipulation waiving jury, court, in absence of objection by defendant in error, will not, on writ

of error treat such action as that of arbitrator, but will review evidence for purpose of determining whether error of law was committed.

Section 15 of General Corporation Law of New York, as construed by highest State court, does not make contracts of foreign corporation failing to comply with its provisions absolutely void, but merely prevents such corporation from suing on contract in courts of State.

Approved in South Bay Co. v. Merrill, 77 N. H. 5, 86 Atl. 353, holding provision of New York Corporation Law, § 15, prohibiting foreign corporation not complying with its provisions from suing in State courts, does not prohibit enforcement of contract in courts of another State; Bagdon v. Philadelphia etc. Iron Co., 217 N. Y. 436, 111 N. E. 1076, holding under provisions of New York Corporation Law, §§ 15, 16, service of summons on agent of Pennsylvania corporation in action for breach of contract to compensate employce, resident of New York for injuries received in Pennsylvania is valid, though cause of action relates to business transacted without State.

Distinguished in Loomis v. People's Const. Co., 211 Fed. 457, 128 C. C. A. 125, holding contract executed in Wisconsin of company not having complied with Wisconsin Foreign Corporation Law, § 1770b, and under which it assumes personal liability, is void and unenforceable by company or its assignee, where State Supreme Court has held such contracts wholly void; Circular Advertising Co. v. American Mercantile Co., 66 Fla. 106, 63 South. 6, holding provision of acts of 1907, c. 5717, declaring void contracts of foreign corporations not complying with State laws relating to such corporations, does not apply to foreign corporation engaged solely in interstate commerce.

Statutory penalty as affecting validity of contract made by foreign corporation without complying with conditions of doing business. Note, 40 L. R. A. (N. S.) 858.

State could not prescribe qualifications of suitors in Federal courts and could not deprive of their privileges those entitled under Federal Constitution and laws to resort to such courts for enforcement of valid contract.

Approved in St. Bernard v. Shane, 220 Fed. 856, 135 C. C. A. 399, action for death under Illinois statute is maintainable in Federal court in Ohio unaffected by Ohio law denying resort to State courts under death statute of another State, unless that State opens its courts to actions upon Ohio death act; New York Times Co. v. Sun Printing & Pub. Assn., 204 Fed. 588, 123 C. C. A. 54, act of 1909 providing no action for infringement of copyright may be maintained until two copies of book have been deposited in copyright office, prohibits bringing of suit to restrain infringement and for accounting, as word "maintain" includes bringing of suit.

225 U. S. 501-540, 56 L. Ed. 1182, 32 Sup. Ct. 715, SAVAGE v. JONES.

If a State statute, as applied to sales by importing purchasers in the original packages, constitutes an unwarrantable interference with interstate commerce in complainant's product, he is entitled to relief against its enforcement.

Approved in Abbey Land etc. Co. v. County of San Mateo, 167 Cal. 440, Ann. Cas. 1915C, 804, 52 L. R. A. (N. S.) 408, 139 Pac. 1070, enjoining enforcement of county ordinance prohibiting establishment of more than one crematory in township.

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

Commerce among States is not technical legal conception, but practical one drawn from course of business, and delivery of product manufactured in State to carrier for transportation to purchasers in another State in pursuance of contracts of sale, is interstate commerce.

Approved in Kansas City etc. Ry. Co. v. McAdow, 240 U. S. 55, 60 L. Ed. 523, 36 Sup. Ct. 254, holding interurban electric railway in Kansas with traffic agreement with street railway operating in Missouri is railroad within Interstate Commerce Act; Pennsylvania R. R. Co. v. Clark Bros. Coal Min. Co., 238 U. S. 466, 467, 59 L. Ed. 1410, 1411, 35 Sup. Ct. $96, holding delivery of coal f. o. b. at mine for purpose of filling contracts of purchasers in other States is interstate commerce, and action for damages for discrimination in distribution of cars cannot be maintained prior to action by Interstate Commerce Commission; Heyman v. Hays, 236 U. S. 187, 59 L. Ed. 531, 35 Sup. Ct. 403, holding wholesale dealer conducting mail order business in liquor and delivering liquor to carrier for shipment to other States to fill orders from such States is not subject to State privilege tax for carrying on wholesale liquor business; McDermott v. Wisconsin, 228 U. S. 135, Ann. Cas. 1915A, 39, 47 L. R. A. (N. S.) 984, 57 L. Ed. 767, 33 Sup. Ct. 431, applying rule in prosecution. for violation of State law, void as conflicting with Federal Food and Drugs Act of 1906; Rosenthal v. New York, 226 U. S. 271, Ann. Cas. 1914B, 71, 57 L. Ed. 217, 33 Sup. Ct. 27, upholding section 550, Penal Code of New York, as amended in 1903, prohibiting junk dealers from buying wire or copper used by railroad, gas and electric, telephone or telegraph company without ascertaining seller's legal right to sell; Yazoo etc. R. R. Co. v. Jackson Vinegar Co., 226 U. S. 220, 57 L. Ed. 195, 33 Sup. Ct. 40, upholding Mississippi statute imposing penalty upon carrier for failure to settle claims within specified time for loss or damages to shipments of freight, as applied to intrastate shipment; Marconi Wireless Tel. Co. v. Commonwealth, 218 Mass. 566, Ann. Cas. 1916C, 214, 106 N. E. 313, holding foreign corporation tax law of 1909, imposing excise tax upon foreign corporations, does not apply to corporations engaged in foreign commerce.

Local police regulation, which has real relation to protection of people of State and is reasonable in its requirements, is not invalid because it may incidentally affect interstate commerce, provided it does not conflict with legislation enacted by Congress pursuant to its constitutional authority. Approved in D. E. Foote & Co. v. Stanley, 232 U. S. 505, 58 L. Ed. 702, 34 Sup. Ct. 377, Maryland Oyster Inspection Tax of 1910, including expenses of policing State territory, is void as burden on interstate commerce; Simpson v. Shepard, 230 U. S. 408, Ann. Cas. 1916A, 18, 48 L. R. A. (N. S.) 1151, 57 L. Ed. 1545, 33 Sup. Ct. 729, State may in absence of congressional action, regulate intrastate rates of interstate carrier, although existing relations between interstate and intrastate rates are thereby disturbed; Standard Stock Food Co. v. Wright, 225 U. S. 550, 56 L. Ed. 1201, 32 Sup. Ct. 784, holding Iowa statute of 1907 regulating sale of foodstuff for stock is not void as imposing unreasonable inspection fees; Mutual Film Co. v. Industrial Commission, 215 Fed. 146, upholding Ohio act of 1913 providing for censorship of motion-picture films; Louisville etc. R. Co. v. Hughes, 201 Fed. 738, holding Ohio act of 1910 for inspection of equipment of locomotive boilers is superseded by Federal act of 1911 relating to same subject, as applied to railroad whose locomotives enter State from another State; Southern Ry. Co. v. Railroad Commission, 179 Ind. 33, 100 N. E. 340, upholding statute of 1907 requiring cars and locomotives of railroads to be equipped with grab-irons or handholds in sides or ends thereof; Commonwealth v. Moore, 214 Mass. 29, 100 N. E. 1076, upholding statute of 1912 prohibiting sale of animals for food which are slaughtered without State, unless inspected in specified manner at time of slaughter; Chicago etc. Ry. Co. v. Beatty, 34 Okl. 331, 332, 333, 42 L. R. A. (N. S.) 984, 126 Pac. 738, upholding Oklahoma Territorial Act of 1905, imposing penalty upon carrier for failure to furnish cars within specified time; dissenting opinion in Bracey v. Darst, 218 Fed. 498, majority holding West Virginia act of 1913 regulating investment companies void as abridgment of right to contract and as burden on interstate com

merce.

Distinguished in William R. Compton Co. v. Allen, 216 Fed. 548, holding Iowa blue sky law of 1913, regulating investment companies is not within police power of State as inspection law; Alabama etc. Transp. Co. v. Doyle, 210 Fed. 185, holding Public Acts of Michigan, 1913, regulating investment companies, void as burden on interstate commerce.

State statute imposing inspection fee to be enforced by affixing of stamps will not be held void as revenue measure in disguise, where bill sets forth no facts to show charge for stamps is unreasonable in relation to cost of inspection.

Approved in Commonwealth v. Breakwater Co., 214 Mass. 19, 100 N. E. 1039, upholding statute of 1907, as amended in 1909, requiring in

spection of steam boilers except those under jurisdiction of United States, as applied to boiler used for loading and unloading and weighing anchor on barge used exclusively in tide water.

Inspection fee levied under police power as occupation tax. Note, Ann. Cas. 1913C, 594.

Food and Drugs Act of 1906, in defining what shall be adulteration provides that mixtures or compounds known as food articles under their own distinctive names, not imitating or taking name of another article, and which do not contain "any added poisonous or deleterious ingredients" shall not be deemed adulterated or misbranded if name is accompanied on label with statement of place of manufacture.

Approved in United States v. Coca Cola Co., 241 U. S. 277, 60 L. Ed. 1001, 36 Sup. Ct. 573, construing section 7, subdivision 5, of Food and Drugs Act of 1906, to include, as adulterated, article in which injurious ingredient is component part of article and covered by formula.

Distinguished in United States v. Forty Barrels & Twenty Kegs of Coca Cola, 215 Fed. 539, 132 C. C. A. 47, holding caffeine is not "added ingredient" within meaning of Food and Drugs Act of 1906, § 7, where it is basic element included in formula, and public is not deceived.

What is embraced within term "food." Note, Ann. Cas. 1913E, 1292.

Federal Pure Food and Drugs Act. Note, Ann. Cas. 1915A, 46.

Intent to supersede exercise by State of its police power as to matters not covered by Federal legislation is not to be inferred from mere fact that Congress has seen fit to circumscribe its regulation and to occupy limited field; such intent is not to be implied unless act of Congress fairly interpreted is in actual conflict with law of State.

Approved in Sligh v. Kirkwood, 237 U. S. 62, 59 L. Ed. 839, 35 Sup. Ct. 501 (affirming 65 Fla. 128, 61 South. 187), upholding Laws of Florida, 1911, c. 6236, § 1, prohibiting delivery for shipment of immature and unfit for consumption, citrus fruits, as applied to interstate shipment of oranges; Southern Ry. Co. v. Railroad Commission of Indiana, 236 U. S. 446, 59 L. Ed. 665, 35 Sup. Ct. 304, holding Safety Appliance Act of 1893 supersedes Indiana statute requiring safety appliances on cars and reversing judgment imposing penalty under Indiana statute for failure to equip interstate cars with such appliances; Missouri etc. Ry. Co. v. Harris, 234 U. S. 419, L. R. A. 1915A, 942, 58 L. Ed. 1382, 34 Sup. Ct. 790, upholding Texas statute of 1909 allowing reasonable attorney's fee as part of costs in suits on claims for less than specified amount, as applied to allowance of fee in suit on interstate claim; Atlantic Coast Line R. R. Co. v. Georgia, 234 U. S. 294, 58 L. Ed. 1319, 34 Sup. Ct. 829, upholding Georgia statute of 1908, Civil Code, §§ 2697, 2698, requiring railroads to use locomotive headlights of specified form and power;