ESTOPPEL. See TAXES AND TAXATION, 8. EVIDENCE. 1. Production of, in court of law; construction of § 724, Rev. Stat. Section 724, Rev. Stat., has never been construed by this court, and the decisions of the inferior courts have not had such uniformity as to exert any controlling influence. Carpenter v. Winn, 533. 2. Production of, in court of law; meaning of word "trial" as used in § 724, Rev. Stat. The word "trial" as used in § 724, Rev. Stat., refers to the final examination and decision of matter of law as well as facts, for which every antecedent step is a preparation. Ib. 3. Decision of House of Lords of England as. A decision of the House of Lords, although announced after an event, may serve reflexly to show the state of the law in England at the time of such event. Standard Oil Co. v. United States, 1. See ASSIGNMENTS, 3; CONSTITUTIONAL LAW, EQUITY; PHILIPPINE ISLANDS, 7; RESTRAINT OF TRADE, 29; WRIT AND PROCESS. EXCEPTIONS. See FEDERAL QUESTION, 2. STATUTES, A 4. EXECUTIVE DEPARTMENTS. See EXECUTIVE OFFICERS. EXECUTIVE OFFICERS. Act of subordinate as act of head of department. The head of an executive department of this Government cannot himself sign every official communication emanating from his department, and a proper notice signed by the Assistant Secretary has the same force as though signed by the Secretary. Hannibal Bridge Co. v. United States, 194. See NAVIGABLE WATERS, 2. EXTRADITION. 1. Sufficiency of indictment. In a habeas corpus proceeding in extradition it is sufficient if the count in the indictment plainly shows that the defendant is charged with a crime. (Pierce v. Creecy, 210 U. S. 387.) Strassheim v. Daily, 280. 2. Fugitive from justice; what constitutes. One who is never within the State before the commission of a crime producing its results within its jurisdiction is not a fugitive from justice within the rendition provisions of the Constitution, Hyatt v. Corkran, 188 U. S. 691, but, if he commits some overt and material act within the State and then absents himself, he becomes a fugitive from justice when the crime is complete if not before. Ib. 3. Fugitive from justice; when one absent from State when crime committed became such. Although absent from the State when the crime was completed in this case, the party charged became a fugitive from justice by reason of his having committed certain material steps towards the crime within the State, and the demanding State is entitled to his surrender under Art. IV, § 2 of the Constitution of the United States and the statutes providing for the surrender of fugitives from justice. Ib. 4. International; effect of untechnical request for. While a person is not to be sent from this country on mere demand or surmise, this Government should respond to a request for extradition if there is reasonable ground to suppose the accused to be. guilty of an extraditable crime, even if presented in untechnical form; good faith demands this much in carrying out an extradition treaty. Glucksman v. Henkel, 508. 5. International; assumption as to fair trial in demanding country. Courts are bound by the existence of an extradition treaty to assume that the trial in the demanding State will be fair. Ib. 6. International; presumption as to certificate of magistrate of demanding country. Where a magistrate of a demanding State certifies of his own knowledge to the identity of photographs, the courts of this country will presume in extradition proceedings that he had reason for so doing. Ib. 7. International; sufficiency of presentation. In this case held that although the presentation was untechnical it was sufficient to justify surrender. Ib. 8. International; effect of variance between complaint and evidence where crime plainly charged. Where the complaint calls the instruments alleged to have been forged bills of exchange and the evidence showed they were promissory notes the variance will not defeat surrender where the instruments are identified and there is a plain charge of forgery. Ib. 9. International; variance between complaint and proof; law governing materiality. If an extraditable crime under the law of the state where the accused is found is sufficiently charged, the effect of variance between complaint and proof is a matter to be decided on general principles irrespective of the law of that state. Wright v. Henkel, 190 U. S. 40; Petit v. Walshe, 194 U. S. 205, distinguished. Ib. 10. International; sufficiency of complaint. Even though the complaint be sworn to on information and belief, if it is supported by testimony of witnesses stated to have deposed, the court will presume that they were sworn and the complaint is sufficient. (Rice v. Ames, 180 U. S. 371.) Ib. FACTS. Question of fact; excessiveness of assessment as. Whether a special assessment for benefits of a street opening is excessive is a question of fact. (English v. Arizona, 214 U. S. 359.) Briscoe v. District of Columbia, 547. FEDERAL QUESTION. 1. When action of Supreme Court of Philippine Islands to supply omissions in record, not reviewable. Under § 5 of the act of July 1, 1902, c. 1369, 32 Stat. 691, unless action taken by the Supreme Court of the Philippine Islands to supply omissions in the record violates the Constitution or a statute of the United States, this court cannot disturb the judgment. Dowdell v. United States, 325. 2. Effect of exception in state court that judgment deprives of property without due process of law. An exception in the state court that the judgment deprives plaintiff in error of his property without due process of law in violation of the Constitution of the United States only affords ground for an inquiry whether the proceedings themselves show a want of due process. Appleby v. Buffalo, 524. See CONSTITUTIONAL LAW, 18; JURISDICTION, A 2; TAXES AND Taxation, 9. FIFTH AMENDMENT. FOREIGN CORPORATIONS. FOREIGN COUNTRY. See CUSTOMS LAW, 2–5. FOREIGN LAW. See TRADE-MARKS, 2. FOREIGN STATUTES. See STATUTES, A 5, 6. FOURTEENTH AMENDMENT FOURTH AMENDMENT. See CONSTITUTIONAL LAW, 24, 25, 38. FRAUD. What constitutes; furnishing old articles under guaranty of fitness. nished, it is a material fraud to furnish old articles even if they CRIMINAL LAW, 5; PRACTICE AND PROCEDURE, 2; FRAUDULENT CONVEYANCES. See ASSIGNMENTS. FREEDOM OF SPEECH. FUGITIVE FROM JUSTICE. FULL FAITH AND CREDIT. GEOGRAPHICAL NAMES. GRAND JURY. See CORPORATIONS, 7; WITNESSES, 2. GUARANTY. See FRAUD. GUARDIANSHIP. HABEAS CORPUS. See EXTRADITION, 1. HOMESTEADS. See PUBLIC LANDS, 5-9. HOURS OF LABOR. See CONGRESS, POWERS OF, 1; CONSTITUTIONAL LAW, 1, 10, 38. IMMUNITY FROM SUIT. See CONSTITUTIONAL LAW, 32-37. IMMUNITY OF WITNESSES. IMPAIRMENT OF CONTRACT OBLIGATION. IMPORTS. See CUSTOMS LAW. INDIANS. 1. Policy of Congress in legislation respecting. From the earliest period Congress has dealt with Indians as dependent |