Grand Trunk Ry. Co. v. Knapp, 233 Fed. 954, 147 C. C. A. 624, holding recovery for injuries to carpenter repairing bridge used in interstate and intrastate commerce must be under Federal Employers' Liability Act, not under Michigan Workmen's Compensation Act; Louisville etc. R. Co. v. Hughes, 201 Fed. 751, holding Ohio act of 1910 relating to inspection of locomotive boilers is superseded by Federal act of 1911 relating to same subject, as applied to locomotives entering State from another State to terminal at Cincinnati; Staley v. Illinois Central R. R. Co., 268 Ill. 363, 365, L. R. A. 1916A, 450, 109 N. E. 345, holding Federal Employers' Liability Act of 1908, and not Workmen's Compensation Act (Laws 1911, p. 315) controls action for death of machinist killed while repairing engine used in interstate commerce; Vandalia R. Co. v. Railroad Commission, 182 Ind. 388, 101 N. E. 87, upholding act of 1909 authorizing railroad commission to determine efficiency of headlights in use on locomotives, and to require installation of efficient headlights; Chicago etc. Ry. Co. v. Beatty, 34 Okl. 334, 335, 42 L. R. A. (N. S.) 984, 126 Pac. 739, upholding Oklahoma Territorial Act of 1905, imposing penalty upon carrier for failure to furnish cars within specified time; Varnville Furniture Co. v. Charleston etc. Ry. Co., 98 S. C. 70, 79 S. E. 702, holding provision of Civil Code of 1912, § 2573, imposing penalty on carrier for failure to pay claims for loss or damage to interstate and intrastate freight within specified period, was not superseded by Carmack Amendment of 1906, as to interstate shipments; State v. Armour & Co., 27 N. D. 207, 208, 145 N. W. 1045, holding Pure Food Act of 1911 regulating weights and measures, and requiring lard to be sold in containers of specified net weight, or whole multiple, and not fractions thereof, is not in conflict with Federal Food and Drugs Act of 1906; In re Arrigo, 98 Neb. 139, 152 N. W. 321, holding provisions of Pure Food Act, Laws 1913, c. 24, §§ 2526-2552, are not in conflict with Federal Food and Drugs Act of 1906.

Statute of Indiana of 1907, regulating sale of concentrated commercial feeding-stuff for stock, and requiring disclosure of ingredients, but not formula, is not void as burden on interstate commerce or denial of due process of law, nor is requirement for publishing ingredients in conflict with Federal Food and Drugs Act of 1906.

Approved in Rast v. Van Deman & Lewis Co., 240 U. S. 362, 60 L. Ed. 689, 36 Sup. Ct. 376, upholding Florida statute of 1913 imposing license tax on merchants using profit-sharing coupons and tradingstamps; Mutual Film Corp. v. Hodges, 236 U. S. 258, 59 L. Ed. 567, 35 Sup. Ct. 393, upholding Kansas statute of 1913 establishing censorship of motion-picture films and imposing penalties upon exhibitors violating act, as against objection of importer of films from other States who is not exhibitor; Standard Stock Food Co. v. Wright, 225 U. S. 548, 549, 56 L. Ed. 1200, 1201, 32 Sup. Ct. 784, upholding Iowa statute of

1907 regulating sale of concentrated foodstuff for stock and requiring disclosure of ingredients; Crescent Mfg. Co. v. Wilson, 233 Fed. 284, upholding New York Agricultural Law, as amended by Laws 1914, requiring labels of proprietary food products to disclose character and constituents; Louisville etc. R. Co. v. Hughes, 201 Fed. 737, 738, 741, 742, holding Ohio act of 1910 and regulations adopted thereunder for inspection of equipment of locomotive boilers, is superseded by Federal act of 1911 as applied to railroad whose engines enter State from Kentucky to terminal within State; Commonwealth v. Moore, 214 Mass. 28, 100 N. E. 1076, upholding statute of 1912 prohibiting sale in State for food of animals slaughtered without State, unless inspected in specified manner at time of slaughter; Chicago etc. Ry. Co. v. Beatty, 34 Okl. 330, 42 L. R. A. (N. S.) 984, 126 Pac. 737, Oklahoma Territorial Act of 1905 imposing penalty upon carrier for failure to furnish cars within specified time is not in conflict with act of Congress of 1906 requiring carriers to furnish cars for interstate shipments upon reasonable request. Distinguished in McDermott v. Wisconsin, 228 U. S. 131, 132, Ann. Cas. 1915A, 39, 47 L. R. A. (N. S.) 984, 57 L. Ed. 766, 33 Sup. Ct. 431, holding Wisconsin statute of 1907 prescribing label for corn syrup and prohibiting use of others is void as conflicting with Food and Drugs Act of 1906, as applied to interstate shipment; Corn Products Refining Co. v. Weigle, 221 Fed. 990, 992, 995, holding Wisconsin statute of 1913 prohibiting sales of syrup in State not labeled to show percentage of glucose, void as conflicting with Federal Food and Drugs Act of 1906; Steinfeldt v. United States, 219 Fed. 880, 135 C. C. A. 549, upholding act of 1909 making it punishable to receive, conceal, buy, or sell opium prepared for smoking, knowing it to have been imported in violation of law; Van Deman & Lewis Co. v. Rast, 214 Fed. 834, holding void Laws of Florida of 1913 imposing license tax upon merchants using profit sharing coupons or trading-stamps; State v. W. W. Robinson Co., 84 Wash. 250, 146 Pac. 629, holding Laws of 1909, p. 705, regulating sale of concentrated foodstuff for stock excepting unmixed meals made from entire grains in section 13, is void as denial of equal protection of law. Police regulations as to branding or labeling articles of commerce. Note, 40 L. R. A. (N. S.) 876, 880.

State regulations as affected by Federal pure food law. Note, 47 L. R. A. (N. S.) 985, 986.

225 U. S. 540-550, 56 L. Ed. 1197, 32 Sup. Ct. 784, STANDARD STOCK FOOD CO. v. WRIGHT.

One who would strike down State statute as violative of Federal Constitution must bring himself by proper averments and showing within class as to whom act attacked is unconstitutional

Approved in Bosley v. McLaughlin, 236 U. S. 395, 59 L. Ed. 636, 35 Sup. Ct. 345, upholding statute of 1911 as amended in 1913 limiting hours of women in specified employments, including those in hospitals; Louisville etc. R. R. Co. v. Finn, 235 U. S. 610, 59 L. Ed. 384, 35 Sup. Ct. 146, upholding McChord Act of Kentucky and rate order of State railroad commission, as against objection that statute did not provide for compulsory process, where record does not show party complaining was injured by lack of compulsory process; Jeffrey Mfg. Co. v. Blagg, 235 U. S. 576, 59 L. Ed. 368, 35 Sup. Ct. 167, 7 N. C. C. A. 573, upholding Workmen's Compensation Act of Ohio, as against objection by employer that act discriminates against employees; Missouri etc. Ry. Co. v. Cade, 233 U. S. 648, 58 L. Ed. 1137, 34 Sup. Ct. 678, upholding Texas statute of 1909, allowing reasonable attorney's fees as part of costs in suits on claims against railroads for less than specified amount, as against objection that it burdens interstate commerce where suit is not based upon claim in interstate commerce; Plymouth Coal Co. v. Pennsylvania, 232 U. S. 545, 58 L. Ed. 719, 34 Sup. Ct. 359, upholding statute of Pennsylvania requiring owners of adjoining coal properties to leave sufficient barrier pillars for safety of employees; Farmers' etc. Sav. Bank v. Minnesota, 232 U. S. 530, 58 L. Ed. 713, 34 Sup. Ct. 354, upholding Minnesota Laws 1907, c. 328, imposing registry tax upon debts secured by mortgages, and exempting such mortgages from other taxation with exception that exemption should not apply to laws governing taxation of banks, savings banks, and trust companies, as applied to taxation of savings bank; Geiger-Jones Co. v. Turner, 230 Fed. 237, holding Ohio "blue-sky law" (Gen. Code, §§ 6373-1 to 6373-24), as amended in 1913, requiring dealers in stocks, bonds, and other securities to obtain license from superintendent of banks, void as burden on interstate commerce; Gherna v. State, 16 Ariz. 357, Ann. Cas. 1916D, 94, 146 Pac. 500, holding person charged with selling liquor in State in violation of prohibition amendment to State Constitution, may not raise question of validity of provision prohibiting introduction of liquor into State, as interference with interstate commerce; State v. Bowen & Co., 86 Wash. 30, 149 Pac. 332, holding invalidity of separable portions of commission merchants' law does not render void provisions which are valid and applicable to violators thereof.

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

Iowa statute of 1907 regulating sale of commercial feeding-stuff, imposing inspection fee not shown to be unreasonable, is not void as revenue

measure.

Approved in State v. Gish, 168 Iowa, 81, 150 N. W. 41, upholding act of 34th General Assembly, imposing fee on owners of motor vehicles for use on state highways; Commonwealth v. Breakwater Co., 214 Mass. 19,

100 N. E. 1039, upholding statute of 1907, as amended in 1909, requiring inspection of steam boilers except those under jurisdiction of United States, as applied to boiler on barge used exclusively in tide waters. 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.

Iowa statute of 1907, regulating sale of concentrated commercial feeding-stuff, and requiring disclosure of ingredients, is not void under interstate commerce clause or Fourteenth Amendment to Constitution of United States, nor does it conflict with Food and Drugs Act of 1906.

Approved in Rast v. Van Deman & Lewis Co., 240 U. S. 362, 60 L. Ed. 689, 36 Sup. Ct. 376, upholding Florida statute of 1913, imposing license tax on merchants using profit-sharing coupons and trading-stamps; Crescent Mfg. Co. v. Wilson, 233 Fed. 284, upholding provision of New York agricultural law as amended by laws of 1914, requiring labels of proprietary food products to disclose character and constituents; Louisville etc. R. Co. v. Hughes, 201 Fed. 738, holding Federal act of 1911 supersedes Ohio act of 1910, and regulations thereunder, for inspection of equipment of locomotive boilers, as applied to engines entering State from another State to terminal within State; Southern Ry. Co. v. Railroad Commission, 179 Ind. 33, 100 N. E. 340, upholding statute of 1907 requiring locomotives and cars of railroads to be equipped with grabirons or handholds in sides or ends thereof; Commonwealth v. Moore, 214 Mass. 28, 100 N. E. 1076, upholding statute of 1912 prohibiting sale within State for food of animals slaughtered without State, unless inspected in specified manner at time of slaughter.

Police regulations as to branding or labeling articles of commerce.
Note, 40 L. R. A. (N. S.) 876, 880.

State regulations as affected by Federal pure food law. Note, 47
L. R. A. (N. S.) 985, 986.

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

225 U. S. 551-560, 56 L. Ed. 1201, 32 Sup. Ct. 787, CLAIRMONT v. UNITED STATES.

Indictment under act of 1897 for introducing liquor into Indian country cannot be sustained where offense was committed on land within State withdrawn from reservation and to which Indian title had been surrendered.

Approved in Lewellen v. United States, 223 Fed. 20, 138 C. C. A. 432, holding indictment charging introduction of liquor into Indian country and charging carrying of liquor into Indian Territory from without State of Oklahoma is duplicitous, as under act of 1897 offense is complete if liquor is introduced into Indian country whether from within or

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without State, and under act of 1895, gist of offense is its interstate character.

Flathead Indian reservation established by treaty of 1855, comprising district now within State of Montana, and under provision of Enabling Act of 1889, remaining Indian lands subject to absolute jurisdiction and control of Congress, is Indian country.

Approved in Pronovost v. United States, 232 U. S. 489, 58 L. Ed. 696, 34 Sup. Ct. 391, holding in prosecution for introducing liquor into Indian country, court will take judicial notice that Flathead Indian reservation of Montana established by treaty of 1855 is Indian country.

Although that part of act of 1834 defining "Indian country" was not re-enacted in Revised Statutes, though other parts of statute were, and hence was repealed by section 5596 of revision, definition may be referred to in connection with provisions of original context which remain in force. Approved in Donnelly v. United States, 228 U. S. 269, Ann. Cas. 1913E, 710, 57 L. Ed. 831, 33 Sup. Ct. 449, holding Hoopa Valley Indian reservation in California set apart from public domain for Indians, and not previously occupied by Indians is "Indian country" within meaning of Rev. Stats., §§ 2145, 2146, and killing of Indian within reservation by person not of Indian blood is within jurisdiction of Federal courts. Expired or repealed statute in pari materia as aid to construction of statute. Note, Ann. Cas. 1915B, 626.

Criterion as to what is "Indian country" within meaning of act of 1897, prohibiting introduction of liquor into Indian country, is whether Indian title to lands has been extinguished; land remains Indian country so long as Indians retain title and no longer.

Approved in United States v. Wright, 229 U. S. 233, 57 L. Ed. 1165, 33 Sup. Ct. 630, holding acts of 1892, 1895 and 1897 relating to introduction of liquor into Indian country were intended to stand together during transition period of Indian Territory, preceding admission of Oklahoma as State, except that act of 1897, amending act of 1892 made "Indian country" test of prohibition, while act of 1895 employed territorial test, irrespective of whether it was or continued to be Indian country; Morgan v. Ward, 224 Fed. 702, 140 C. C. A. 238, holding act of 1897 is amendment of act of 1892 prohibiting introduction of liquor into Indian country and upholding sentence of two years as provided by act of 1892 upon conviction for violation of act of 1897, where act of 1897 specified no maximum limit of imprisonment; Royal Brewing Co. v. Missouri etc. Ry. Co., 217 Fed. 149, holding Osage county, Oklahoma, formed no part of Indian country within provisions of act of 1895 or 1897, and enjoining carrier from refusing to transport and deliver interstate shipment of liquor to consignee in such county for his personal use; Schaap v. United States, 210 Fed. 855, 127 C. C. A. 415,