NOTES ON THE UNITED STATES REPORTS. 230 UNITED STATES. 230 U. S. 1-23, 57 L. Ed. 1363, 33 Sup. Ct. 1011, JACKSON v. UNITED STATES. Plenary power of United States to legislate for benefit of navigation and to construct works appropriate to that end without liability for remote or consequential damages is established, and was directly ruled as to work done by Mississippi River Commission. Approved in United States v. Archer, 241 U. S. 129, 140, 145, 148, 60 L. Ed. 922, 926, 928, 929, 36 Sup. Ct. 521, discussing rule as to liability of government for consequential damages arising from construction of dike on Mississippi River; Cubbins v. Mississippi River Commission, 241 U. S. 358, 362, 370, 60 L. Ed. 1045, 1046, 1049, 36 Sup. Ct. 671, government is not liable to riparian owners on Mississippi River for damage to land overflowed as result of building levees; Peabody v. United States, 231 U. S. 538, 58 L. Ed. 353, 34 Sup. Ct. 159, mere location of battery for practice in time of peace is not taking of property within range of its guns for which owner is entitled to compensation, where guns have not been fired for more than eight years and government denies intention to fire them except in time of war; Hughes v. United States, 230 U. S. 25, 26, 27, 31, 32, 33, 46 L. R. A. (N. S.) 624, 57 L. Ed. 1375, 1376, 1377, 1378, 33 Sup. Ct. 1019, wrongful act of Federal officer in dynamiting levee in emergency to prevent water from interfering with other work under construction is not act of United States, and riparian owner is not entitled to damages for property overflowed; St. Louis Southwestern Ry. Co. v. Board of Directors of Miller Levee District No. 2, 207 Fed. 341, 125 C. C. A. 88, State or levee district as its agent is not liable for consequential damages to private property resulting from its construction of levees. 230 U. S. 24-35, 57 L. Ed. 1374, 33 Sup. Ct. 1019, HUGHES v. UNITED STATES. United States is not liable for damages caused by overflow of lands in Mississippi Valley caused by levees constructed by Federal and local author. ity for protection from overflow and improvement of navigation. Approved in United States v. Archer, 241 U. S. 129, 60 L. Ed. 922, 36 Sup. Ct. 521, discussing rule as to liability of government for consequential damages arising from construction of dike on Mississippi River; Cubbins v. Mississippi River Commission, 241 U. S. 362, 370, 60 L. Ed. 1046, 1049, 36 Sup. Ct. 671, government is not liable to riparian owner on Mississippi River for damage to land overflowed as result of building levees; St. Louis Southwestern Ry. Co. v. Board of Directors of Miller Levee District No. 2, 207 Fed. 341, 125 C. C. A. 88, State, or levee district as its agent, is not liable for consequential damages to private property resulting from its construction of levees. Casting water upon opposite bank by raising bank of stream, as a taking or damaging of property. Note, 48 L. R. A. (N. S.) 995. 230 U. S. 35-46, 57 L. Ed. 1379, 33 Sup. Ct. 107, EX PARTE AMERICAN STEEL BARREL CO. Judicial Code, section 21, was never intended to enable discontented litigant to oust judge because of adverse rulings made, nor was it intended to paralyze action of judge by motion to disqualify him between hearing and determination of matter heard. Approved in In re Equitable Trust Co., 232 Fed. 839, 840, 147 C. C. A. 30, denying mandamus to remove judge upon affidavit of bias and prejųdice, where judge on motion of petitioner was proceeding to enter decree in accordance with stipulation of parties. 230 U. S. 46–58, 57 L. Ed. 1384, 33 Sup. Ct. 1004, ARIZONA COPPER 00. V. GILLESPIE. Pollution of stream by mining. Note, L. R. A. 1915D, 912. 230 U. S. 58-83, 57 L. Ed. 1389, 33 Sup. Ct. 988, OWENSBORO v. BERLAND TEL. & TEL. CO. CUM. Municipal ordinance granting telephone company right to use streets for poles and wires is not mere license, but is a grant of property right, assignable, taxable, alienable. Approved in New York Electric Lines Co. v. Empire City Subway Co., 235 U. S. 192, Ann. Cas. 1915A, 906, 59 L. Ed. 191, 192, 35 Sup. Ct. 72, ordinance of 1906, revoking street franchise, granted in 1883 but not exercised, is not impairment of obligation of contract; Russell v. Sebastian, 233 U. S. 204, Ann. Cas. 1914C, 1282, 58 L. Ed. 921, 34 Sup. Ct. 517, amendment of 1911, section 19 to California Constitution of 1879, as amended in 1884, and Los Angeles ordinances thereunder were ineffectual to impair rights of public service corporation to extend gas-mains under prior grant resulting from acceptance of State's offer; Iowa Telephone Co. v. City of Keokuk, 226 Fed. 91, ordinance of 1913 requiring telephone company to obtain city license is void as to company having constructed lines under State grant of 1897; City of Lansing v. Michigan Power Co., 183 Mich. 417, 150 N. W. 255, grant by Public Acts of 1905 to electric company of right to use streets is franchise for life of corporation at least and is not revoked by Constitution of 1909, art. VIII, § 28, requiring consent of municipality to use of streets. Distinction between franchise and license granted to corporation. Municipal ordinance granting telephone company, its successors and assigns, right to use streets for poles and wires, is grant of property right in perpetuity unless limited in duration by grant itself or by State law or corporate powers of city. Approved in Western Union Tel. Co. v. Georgia R. & Banking Co., 227 Fed. 281, telegraph company building lines on railroad right of way with railroad's consent and operating same for forty or fifty years acquires perpetual easement, and Federal court may enjoin removal of lines by railroad; Postal Telegraph-Cable Co. v. Ingraham, 228 Fed. 394, permit granted by city without consideration and without limit for erection of telegraph poles is franchise, and order of 1915 revoking it is void; Ashland Electric Power etc. Co. v. Ashland, 217 Fed. 160, ordinance granting electric company right to occupy streets with poles and wires is property right in perpetuity and attempt to oust company is violation of Fourteenth Amendment. Distinguished in Seaboard Air Line Ry. Co. v. Raleigh, 219 Fed. 577, 578, 579, 580, denying injunction to restrain enforcement of ordinance requiring removal of railroad truck from sidewalk of street, where permit to occupy sidewalk was revocable license. Municipality, under charter provision giving power to regulate streets and alleys, had power to grant franchise to telephone company to use streets for its poles and wires. Distinguished in Oro Electric Corporation v. Railroad Commission, 169 Cal. 478, 147 Pac. 122, holding provisions of charter authorizing franchises for steam and street railroads, gave Stockton no power to grant electric company franchise to furnish light and power and denial of certificate was within jurisdiction of commission. Reservation to alter or amend municipal ordinance is not to be construed as power to revoke contractual right vesting under ordinance in absence of express reservation in contractual ordinance. Approved in Standard Home Co. v. Davis, 217 Fed. 917, Arkansas act of 1913, regulating investment companies, is not impairment of contract of foreign corporation accepting license to do business in State, where provision of Constitution reserves right to alter or annul charters of corporations; Enid City Ry. Co. v. Enid, 43 Okl. 792, 144 Pac. 622, ordinance enacted under authority of Revised Laws of 1910, requiring railroad to pave twenty-six inches in addition to amount it agreed to pave under franchise of 1909, is void. Impairment of ordinance granting privilege as impairment of contract obligation. Note, Ann. Cas. 1915A, 899, 900, 901, 904. Where judgment makes opinion part of record, bar of judgment is confined to questions actually litigated and decided in former case and does not extend to question of validity of ordinance expressly excluded by such opinion. Approved in dissenting opinion in St. Louis v. United Rys. Co., 263 Mo. 498, 174 S. W. 106, majority holding judgment of Federal Supreme Court upholding validity of ordinance imposing license tax in suit to enjoin its enforcement is res adjudicata in action by city to recover tax. 230 U. $. 84–98, 57 L. Ed. 1400, 33 Sup. Ct. 997, BOISE ARTESIAN HOT & COLD WATER CO. v. BOISE CITY. Right of direct appeal conferred by Judiciary Act, section 5, in case in which it is claimed ordinance imposing license fees is in contravention of Federal Constitution, gives Supreme Court jurisdiction to review not only constitutional question, but every other question. Approved in Northwestern Laundry v. Des Moines, 239 U. S. 491, 60 L. Ed. 401, 36 Sup. Ct. 208, appeal from final decree on merits in suit to enjoin ordinance as void under Fourteenth Amendment brings whole case to Supreme Court. Municipal ordinance of 1889 granting water company right to lay pipes in street is substantial property right, and ordinance of 1896 impairs contract right thereunder. Approved in New York Electric Lines Co. v. Empire City Subway Co., 235 U. S. 192, 193, Ann. Cas. 1915A, 906, 59 L. Ed. 191, 192, 35 Sup. Ct. 72, revocation by ordinance of 1906 of street franchise granted in 1883 but not exercised, is not impairment of obligation of contract; Russell v. Sebastian, 233 U. S. 204, 207, Ann. Cas. 19140, 1282, 58 L. Ed. 921, 922, 34 Sup. Ct. 517, amendment of 1911 to California Constitution of 1879, § 19, as amended in 1884, and Los Angeles ordinances thereunder, were ineffectual to impair rights of public service corporations to extend gas-mains under prior grant resulting from acceptance of State's offer; Owensboro v. Cumberland Tel. & Tel. Co., 230 U. S. 65, 57 L. Ed. 1393, 33 Sup. Ct. 988, ordinance grarting telephone |