CLASSIFICATION OF IMPORTS.
See CUSTOMS LAW, 2, 3.
CLOUD ON TITLE.
See EQUITY, 2, 3.
1. Compensation to which carrier entitled.
A carrier may charge and receive compensation for services that it may render, or procure to be rendered, off its own line, or outside of the mere transportation thereover. Interstate Com. Com. v. Stickney, 98.
2. Reasonableness of terminal charge exacted by carrier.
Where the terminal charge is reasonable it cannot be condemned, or
the carrier charging it required to change it because prior charges of connecting carriers make the total rate unreasonable. Ib.
3. Reasonableness of charge; considerations in determining. In determining whether the charge of a terminal company is or is not reasonable the fact that connecting carriers own the stock of the terminal company is immaterial, nor does that fact make the lines of the terminal company part of the lines or property of such connecting carriers. Ib.
4. Hepburn Act; charges embraced within § 15.
The inquiry authorized by § 15 of the Hepburn Act of June 29, 1906, c. 3591, 34 Stat. 584, relates to all charges made by the carrier; and, on such an inquiry, the carrier is entitled to have a finding that a particular charge is unreasonable before he is required to change it. Ib.
5. Charges of carriers; remedy of shipper for excessive charges. Where the charge of a terminal company is in itself reasonable the wrong of a shipper by excessive aggregate charges should be cor- rected by proceedings against the connecting carrier guilty of the wrong. Ib.
6. Charges of carriers; when prohibition justified.
The convenience of the commission or the court is not the measure
of justice, and will not justify striking down a terminal charge when the real overcharge is the fault of a prior carrier. Ib.
It is within the power of Congress to regulate the punishment of crimes and it may make the punishment for conspiring to com- mit a crime greater than that for committing the crime itself. United States v. Stevenson (No. 2), 200.
2. As respects the jurisdiction of this court. Congress cannot extend the original jurisdiction of this court beyond that prescribed by the Constitution; and an act providing for certifying questions of law will not be construed as permitting certification of the entire case before any judgment has been ren- dered below. Baltimore & Ohio R. R. Co. v. Interstate Com. Com., 216.
CONSTITUTIONAL LAW.
Commerce clause. See EMPLOYERS' LIABILITY ACT;
1. Contract clause; impairment of charter contract obligation. Invalidity of Minneapolis street railway rate ordinance of 1907.
The ordinance granted by the city of Minneapolis, in 1875, to the Minneapolis Street Railway for the life of its charter continues for fifty years from 1873, when the corporation was organized, and the fare cannot be reduced during that period below five cents; and the ordinance of 1907, directing the sale of six tickets for twenty-five cents is void under the contract clause of the Constitution. Minneapolis v. Street Railway Co., 417.
2. Contract clause; impairment of charter contract obligation. Power of State to determine procedure for transfer of stock of corporation. Validity of Kansas law of 1899.
The State creating a corporation may determine how transfers of its stock shall be made and evidenced, and a change in the law im- posing no restraint upon the transfer, but only affecting the method of procedure, does not impair the obligation of the charter contract within the meaning of the contract clause of the Federal Constitution; and so held that the corporation law of Kansas of 1899 is not void as to stockholders who purchased stock prior thereto and sold it thereafter, because it required a statement of the transfer of stock to be filed in the office of the Secretary of State in order to relieve the transferor of stockholder's liability, the act not depriving him of any defense that might be made at the time the stock was acquired. Henley v. Myers, 373.
3. Contract clause; impairment of obligation of stockholder's contract by State in changing methods of procedure in actions to enforce liability.
Methods of procedure in actions on contract that do not affect sub- stantial rights of parties are within the control of the State, and the obligation of a stockholder's contract is not impaired within the meaning of the contract clause of the Federal Constitution by substituting for individual actions for statutory liability a suit in equity by the receiver of the insolvent corporation; and so held as to the corporation law of Kansas of 1899 amending prior laws to that effect. Ib.
4. Contract clause-Effect of Louisiana act of November 5, 1870, to impair obligation of contracts.
Act of November 5, of 1870, of State of Louisiana, providing for regis-
tration and collection of judgments against the city of New Orleans so far as it delays the payment, or collection of taxes for the payment, of contract claims existing before the passage of the act is void as impairing the obligation of contracts within the meaning of the Federal Constitution. Hubert v. New Orleans, 170. See CORPORATIONS, 3, 5; Infra, 5.
Criminal prosecution. See CRIMINAL LAW, 1.
5. Due process of law; deprivation of property without; effect of injunc- tion against maintenance of expired charter rights.
Following the construction given by the state court, held that where a charter for a toll-road provided that the privileges granted should continue fifty years subject to the right of the county to acquire it after twenty years, all privileges ceased on the expira- tion of the fifty years; and the owner of the franchise was not deprived of his property without due process of law, nor was the obligation of the contract in its charter impaired, by an injunc- tion, from further maintaining toll-gates on such road. Scott County Road Co. v. Hines, 336.
Extradition. See EXTRADITION, 2.
6. Full faith and credit; judicial proceedings held entitled to. Where the fundamental fact in issue in a suit by a wife for separate maintenance is whether there was a marriage, and the court having jurisdiction finds that the wife's petition should not be granted but should be dismissed, the courts of another State must, under the full faith and credit clause of the Constitution, regard such decree as determining that there was no marriage even though the husband may have asserted other defenses; nor can the wife, in a suit depending solely on the issue of whether there was a marriage, prove by oral testimony, in the absence of a bill of exceptions, that the decree may have rested on any of the other defenses asserted by the husband. Everett v. Everett, 203.
7. Full faith and credit clause; effect of judgment concerning land situated beyond jurisdiction of court rendering it. The full faith and credit clause of the Constitution does not extend the jurisdiction of the courts of one State to property situated in another State, but only makes the judgment conclusive on the merits of the claim or subject-matter of the suit; and the courts of the State in which land is situated do not deny full faith
and credit to a decree of courts of another State, or to a master's deed thereunder, by holding that it does not operate directly upon, and transfer the property. Fall v. Eastin, 1.
See JUDGMENTS AND DECREES, 1.
8. Taxation; state interference with Federal power of, by imposing re- quirements on holders of Federal liquor licenses.
A state statute requiring the holder of a Federal license to sell malt or liquor to perform duties in conflict with the requirement of the Federal statute is an exercise of power repugnant to the Constitution and cannot be enforced; and so held as to chap. 189, General Laws of North Dakota, requiring the holder of such a license to file and publish a copy thereof. Flaherty v. Hanson, 515.
CONSTRUCTION OF CONTRACTS. See BANKS AND Banking, 3.
CONSTRUCTION OF STATUTES. See STATUTES, A.
CONTRACT LABOR.
See CRIMINAL LAW, 2;
STATUTES, A 4.
1. Impairment of obligation by withdrawal of power of taxation incident thereto. The power of taxation conferred by law enters into the obligation of a contract, and subsequent legislation withdrawing or lessening such power and which leaves the creditors without adequate means of satisfaction impairs the obligation of their contracts. Hubert v. New Orleans, 170.
2. Continuance of incident of taxation.
A power to tax to fulfill contract obligations continues until the obli- gation is discharged. Ib.
3. Specific performance on ground of part performance only where damages inadequate relief.
In order that specific performance may be decreed on the ground of part performance the acts done and relied on by the party seek- ing relief must be such that damages would not be adequate relief. Haffner v. Dobrinski, 446.
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