260 U.S. Cases Disposed of Without Consideration by the Court.

No. 166. H. G. KOLLER v. UNITED STATES. Appeal from the District Court of the United States for the Western District of Washington. January 3, 1923. Dismissed, pursuant to the 16th Rule, on motion of Mr. Solicitor General Beck for the United States. Mr. Dal V. Halverstadt and Mr. E. M. Farmer for appellant.

No. 171. UNITED STATES EX REL. WORKINGMEN'S CoOPERATIVE PUBLISHING ASSOCIATION V. HUBERT WORK, POSTMASTER GENERAL, ETC. Error to the Court of Appeals of the District of Columbia. January 3, 1923. Dismissed, per stipulation. Mr. S. John Block for plaintiff in error. The Attorney General for defendant in error.

No. 236. CHARLES M. WATERS v. HENRY W. PHILLIPS ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. January 8, 1923. Dismissed with costs, on motion of Mr. Solicitor General Beck for appellant. No appearance for appellees.

No. 12. EXCHANGE OIL COMPANY v. F. C. Carter, as STATE AUDITOR, ETC., ET AL. Appeal from the District Court of the United States for the Western District of Oklahoma;

No. 13. EXCHANGE OIL COMPANY V. F. C. CARTER, AS STATE AUDITOR, ETC.;

No. 14. EXCHANGE OIL COMPANY U. F. C. CARTER, AS STATE AUDITOR, ETC.; and

No. 15. EXCHANGE OIL COMPANY v. F. C. CARTER, AS STATE AUDITOR, ETC. Error to the District Court of the United States for the Western District of Oklahoma. January 8, 1923. Dismissed with costs, per stipulation. Mr. William O. Beall and Mr. J. S. Ross for appellant and plaintiff in error. Mr. George F. Short and Mr. S. P. Freeling for appellees and defendant in error.

Cases Disposed of Without Consideration by the Court. 260 U.S.

No. 206. CORVALLIS CREAMERY COMPANY v. I. H. VAN WINKLE, ATTORNEY GENERAL, ETC., ET AL. Appeal from the District Court of the United States for the District of Oregon. January 8, 1923. Dismissed without costs to any party, per stipulation. Mr. Thos. E. Haven for appellant. Mr. James G. Wilson for appellees.

No. 612. KANSAS CITY BRIDGE COMPANY U. FRANK BLAKEMORE. Appeal from the District Court of the United States for the Western District of Missouri. January 8, 1923. Dismissed with costs, on motion of Mr. Cyrus Crane for appellant. Mr. Oscar S. Hill and Mr. John H. Atwood for appellee.

No. 215. C. E. ROY ET AL., ETC. v. E. F. GANAHL. Error to the District Court of the United States for the Northern District of California. January 16, 1923. Dismissed with costs, pursuant to the 16th Rule, on motion of counsel for defendant in error. Mr. Frank D. Madison for plaintiffs in error. Mr. Alexander T. Vogelsang and Mr. Louis S. Beedy for defendant in error.

No. 230. ABE RASKIN v. MERRITT W. DIXON, SHERIFF, ETC. Error to the Supreme Court of the State of Georgia. January 17, 1923. Dismissed with costs, pursuant to the 18th Rule. Mr. A. A. Lawrence and Mr. Robert L. Colding for plaintiff in error. Mr. George M. Napier for defendant in error.

No. 241. DAVID H. CONRAD V. PEOPLE OF THE STATE OF ILLINOIS. Error to the Supreme Court of the State of Illinois. January 18, 1923. Dismissed with costs, pursuant to the 18th Rule. Mr. Rush B. Johnson for plaintiff in error. No appearance for defendant in error.

260 U.S. Cases Disposed of Without Consideration by the Court.

No. 244. SAM WINOKUR v. H. I. HARN, SHERIFF, ETC. Error to the Supreme Court of the State of Georgia. January 18, 1923. Dismissed with costs, pursuant to the 10th Rule. Mr. A. A. Lawrence for plaintiff in error. Mr. George M. Napier for defendant in error.

No. 247. ELMER F. ADAMS v. PEOPLE OF THE STATE OF ILLINOIS. Error to the Supreme Court of the State of Illinois. January 18, 1923. Dismissed with costs, pursuant to the 10th Rule. Mr. James J. Barbour for plaintiff in error. No appearance for defendant in error.

No. 650. CUMBERLAND TELEPHONE & TELEGRAPH COMPANY V. LOUISIANA PUBLIC SERVICE COMMISSION ET AL. Appeal from the District Court of the United States for the Eastern District of Louisiana. January 19, 1923. Dismissed with costs, on motion of counsel for appellant. Mr. J. Blanc Monroe, Mr. Monte M. Lemann, Mr. J. C. Henriques, Mr. Hunt Chipley and Mr. C. M. Bracelen for appellant. Mr. Huey P. Long and Mr. W. M. Barrow for appellees. [See ante, pp. 212, 698.]

No. 261. JOAQUIN RAMOS FERRO ET AL. v. FELIX FABIAN ET AL.; and

No. 262. J. OCHOA Y HERMANO v. MIGUEL, LUIS, GERARDO, TERESO AND ANTONIO MARTORELL Y TORRENS. On writ of certiorari to the Circuit Court of Appeals for the First Circuit. January 22, 1923. Dismissed without costs to either party, per stipulation, on motion of counsel for petitioners. Mr. Jose R. F. Savage for petitioners. Mr. George B. Hayes, Mr. Frank Antonsanti and Mr. Frederick S. Tyler for respondents.

Cases Disposed of in Vacation.

260 U.S.

No. 272. WILLIAM F. KRELL V. PEOPLE OF THE STATE OF ILLINOIS. Error to the Supreme Court of the State of Illinois. January 24, 1923. Dismissed with costs, pursuant to the 10th Rule. Mr. Rush B. Johnson for plaintiff in error. No appearance for defendant in error.

No. 294. REUBEN COOLEY v. STATE OF GEORGIA. Error to the Supreme Court of the State of Georgia. January 26, 1923. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. Alex. A. Lawrence for plaintiff in error. Mr. George M. Napier for defendant in error.

No. 234. WASHINGTON TERMINAL COMPANY U. EMMA G. CALLAHAN, ADMINISTRATRIX, ETC. Error to the Court of Appeals of the District of Columbia. January 29, 1923. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. Geo. E. Hamilton and Mr. John J. Hamilton for plaintiff in error. Mr. Raymond B. Dickey and Mr. Daniel Thew Wright for defendant in error.

LANTA.

CASES DISPOSED OF IN VACATION.

No. 329. COCA COLA COMPANY U. CITY OF ATLANTA; No. 336. THOMAS K. GLENN v. CITY OF ATLANTA; and No. 340. EMPIRE COTTON OIL COMPANY U. CITY OF ATError to the Supreme Court of the State of Georgia. August 26, 1922. Dismissed pursuant to the 28th Rule. Mr. L. Z. Rosser, Mr. Clifford L. Anderson, Mr. L. C. Hopkins, Mr. Harold Hirsch, Mr. W. D. Thomson, Mr. Jack J. Spalding and Mr. Hughes Spalding for plaintiffs in error. Mr. George M. Napier and Mr. Jesse M. Wood for defendant in error.

о

INDEX.

ABATEMENT. See Taxation, I, 6, 7.

ACCRETION. See Boundaries, 7-9.

ADEQUATE LEGAL REMEDY. See Equity, 11.
ADMINISTRATION. See Taxation, I, 4, II, 29, 30.

ADMINISTRATIVE DECISIONS. See Carriers, 1-3; Consti-
tutional Law, XI, 7; Gas Companies; Indians, 1, 2; Inter-
state Commerce Acts, I, 12, 14, 16; II; Taxation, I, 6, 7; II,
16-19, 25, 26; Unfair Competition, 1-3; Waters, 4-7.

ADMIRALTY:

Crimes on high seas. See Criminal Law, 1-3.
Obstructions to navigation. See Waters, 4-7.
Sale of vessel. See Contracts, 1.

1. Jurisdiction; Immunity of Vessels of Foreign Government.
Consul General not competent, by virtue of his office, to
appear and claim immunity on behalf of his government.
The Sao Vicente.....

Page.

151

2. Id. Suits in Admiralty Act, § 2, does not authorize suit
in personam against United States, as substitute for libel
in rem, when United States vessel not in port of United
States or possessions. Blamberg Bros. v. United States.... 452
3. Lien; Affreightment Contract. Whether ship is subject to
lien for damages from breach of affreightment contract, is
question of maritime law. Osaka Shosen Kaisha v. Pacific
Lumber Co......

4. Id. Acceptance of Part of Cargo, under contract, creates
no lien for damages from refusal to take all. Id.

5. Id. Nature of lien. Lien adhering to vessel is a secret one,
which may prejudice general creditors and purchasers with-
out notice; it is stricti juris, and not extended by construc-
tion, analogy, or inference. Id.

6. Id. Mutuality. Lien created by law presupposes mu.
tuality and reciprocity as between ship and cargo. Id.

490