INDEX

ABATEMENT.

Case dismissed on ground that cause of action has abated.
Florida ex rel. Vars v. Knott, 506.

ADMINISTRATIVE AGENCIES. See Interstate Commerce Acts,

4.

1. Administrative Practice and Regulations. Validity and effect
in construction of Revenue Acts. Estate of Sanford v. Commis-
sioner, 39; Rasquin v. Humphreys, 54.

2. Id. When Treasury Regulations not folicwed. Haggar Co.
v. Helvering, 389.

ADMINISTRATIVE OFFICE.

Appointment of Director and Assistant Director of Administra-
tive Office of United States Courts, pp. 641, 642.

ADMIRALTY.

Collision. Fault. Validity and construction of rules of Board
of Supervising Inspectors; crossing courses. Postal S. S. Corp. v.
El Isleo, 378.

ADVERSE CLAIMANTS. See Interpleader.

AGENTS. See Constitutional Law, V, (A), 8; Venue, 3.
AGRICULTURAL MARKETING AGREEMENT ACT. See Anti-
trust Acts.

ALLOTMENTS. See Indians.

ANTITRUST ACTS. See Jurisdiction, II, 21.

Sherman Act. Combination and Conspiracy. Marketing of
Agricultural Commodities. Operation of Sherman Act as affected
by Agricultural Marketing Agreement and Capper-Volstead Acts;
effect of inaction, or limited action, by Secretary of Agriculture;
agreements of producers, distributors and others restricting inter-
state commerce in milk violated Act. United States v. Borden Co.,
188.

789

ASSUMPTION OF RISK.

Question of assumption of risk properly submitted to jury.
Keys v. Pennsylvania R. Co., 529.

ATTORNEYS. See Constitutional Law, V, (A), 11.

Appointment by Court. Connor v. California, 530.
AUTOMOBILES. See Bankruptcy, 2.

BANKRUPTCY. See Constitutional Law, I, 4.

1. Claims. Validity and Priority. Bankruptcy court exercises
equity powers in passing on claims; validity or priority of claim
underlying judgment of state court; claim as affected by duty of
dominant or controlling stockholder. Pepper v. Litton, 295.

2. Id. Penalties for nonpayment of automobile license taxes,
which accrued when business was operated by trustee in bank-
ruptcy, allowable against bankrupt estate; construction of Act of
June 18, 1934. Boteler v. Ingels, 57.

3. Farmers. Effect of filing of petition under § 75 of Act on
state court's jurisdiction over pending foreclosure proceeding.
Kalb v. Feuerstein, 433.

4. Id. Procedure and relief under § 75 subsection (s) of farmer-
debtor failing to obtain acceptance of composition or extension
proposal. John Hancock Ins. Co. v. Bartels, 180.

5. Reorganization Proceeding Under §77. When court without
power to order discontinuance of local transportation service.
Palmer v. Massachusetts, 79.

6. Reorganization Proceeding Under $77B. Reorganization
plan as "fair and equitable"; priority of creditors over stockholders;
participation by stockholders in plan of reorganization of insolvent
debtor; effect of failure to accept plan. Case v. Los Angeles Lum-
ber Products Co., 106.

BANKS. See Constitutional Law, Y, (A), 9.

BOARD OF TAX APPEALS. See Taxation, I–II.

Nature of Proceedings. Findings. Proceedings before Board
are equitable in nature; conclusiveness of findings. Helvering v.
Lazarus& Co., 252.

BOEUF FLOODWAY.

Effect of Project. Rights of Landowners. Lands within area
not "taken" by program under Mississippi River Flood Control
Act. United States v. Sponenbarger, 256.

BONA FIDE PURCHASER.

What Law Governs. Federal court must follow local law as

to burden of proof on issue of bona fide purchase of land. Cities
Service Co. v. Dunlap, 208.

BRIEFS. See Jurisdiction, III, 4.

CANVASSING. See Constitutional Law, V, (A), 6.

CAPITAL STOCK TAX. See Taxation, II, 8.

CAPPER-VOLSTEAD ACT. See Antitrust Acts.

CARRIERS. See Bankruptcy, 5; Constitutional Law, II, 1-3;
III, 3-4; Interstate Commerce Acts.

CENSORSHIP. See Constitutional Law, V, (A), 6.

CERTIFICATION.

See Labor Relations Act, 6.

CERTIORARI. See Jurisdiction, II, 10-11; Procedure, 3.

CIRCULARS. See Constitutional Law, V, (A), 2–5.

CITIZENS. See Constitutional Law, I, 6; IV; Jurisdiction, II, 2.

CLAIMS. See Contracts, 1.

COLLECTIVE BARGAINING. See Labor Relations Act, 1-4, 6-7.
COLLISION. See Admiralty.

COMBINATION. See Antitrust Acts; Patents for Inventions, 3.
COMMUNICATIONS ACT.

1. Wire Tapping. Evidence. Sec. 605 bars use in federal courts
of evidence obtained by interception of intrastate telephone com-
munication; under circumstances here, divulgence not "authorized
by sender." Weiss v. U. S., 321.

2. Id. Not only intercepted communications themselves, but
also evidence procured through use thereof inadmissible; accused
entitled to opportunity to prove that case against him was tainted
with illicit wire-tapping. Nardone v. U. S., 338.

COMPANY UNION. See Labor Relations Act, 1-4.

COMPOSITION. See Bankruptcy, 4.

COMPROMISE. See Procedure, 5.

CONDEMNATION. See Eminent Domain.

CONSENT. See Jurisdiction, IV, 5.

CONSTITUTIONAL LAW. See Judgments, 2-3, 5; Jurisdiction,

I, 2-3, 6-7.

I. Miscellaneous, p. 792.

II. Commerce Clause, p. 792.
III. Fifth Amendment, p. 793.
IV. Eleventh Amendment, p. 793.
V. Fourteenth Amendment.

(A) Due Process Clause, p. 794.

(B) Equal Protection Clause, p. 794.

I. Miscellaneous.

1. Federal Instrumentality. Immunity from State Taxation.
Mortgages taken by Home Owners' Loan Corporation immune from
Maryland tax. Pittman v. Home Owners' Loan Corp., 21.

2. Id. Corporation operating bath house in Hot Springs Na-
tional Park not exempt from Social Security Act as "instrumentality
of United States," and was taxable under Arkansas Unemployment
Compensation Law. Buckstaff Co. v. McKinley, 358.

3. Powers of Congress. Creation of corporation to facilitate
performance of governmental function; protection of operations of
agency. Pittman v. Home Owners' Loan Corp., 21.

4. Id. Bankruptcy Powers. Power of Congress to void fore-
closure proceedings in state court after filing of petition for com-
position or extension under § 75 of Bankruptcy Act. Kalb v.
Feuerstein, 433.

5. Judicial Power. Distribution of jurisdiction of this Court in
cases where State is a party. Massachusetts v. Missouri, 1.

6. Id. Judicial power over controversies "between citizens of
different States" authorized interpleader jurisdiction where com-
plainant was citizen of same State as one of adverse claimants
between whom diversity existed. Treinies v. Sunshine Mining Co.,
66.

7. Powers of States. Intoxicating Liquors. Scope of power of
States to regulate transportation; limitation of transportation to
licensed common carriers. Ziffrin v. Reeves, 132.

II. Commerce Clause.

1. Powers of Congress. Railroads. Authorization to Interstate
Commerce Commission to impose conditions regarding compensa-
tion of employees in order approving lease, valid. U. S. v. Lowden,

225.

2. Id. Communications. Statute barring from federal court evi-
dence obtained by interception of telephone communications not
limited to interstate communications. Weiss v. U. S., 321.

CONSTITUTIONAL LAW.-Continued.

3. State Regulation. Intoxicating Liquors. Power of State to
regulate traffic in intoxicating liquors; statute forbidding trans-
portation of intoxicating liquors by others than licensed common
carriers, valid. Ziffrin, Inc. v. Reeves, 132,

4. Id. Foreign Corporations. State may condition doing of local
business on designation of agent for service of process. Neirbo Co.
v. Bethlehem Corp., 165.

5. State Taxation. Ratio of gross receipts from local business
to entire gross receipts as measure of privilege tax on capital stock,
etc., sustained. Ford Motor Co. v. Beauchamp, 331.

III. Fifth Amendment.

1. Eminent Domain. What Constitutes Taking. Flood Control
Projects. Land in area of projected Boeuf Floodway not "taken";
compensation not required to be paid to landowner for flood dam-
age not caused by Government. United States v. Sponenbarger,
256.

2. Id. Just Compensation determined as of time of taking; time
of payment of money award as time of taking under Flood Con-
trol Act; no interest accrues before taking. Danforth v. U. S.,
271.

3. Due Process. Railroads. Requirement of Interstate Com-
merce Commission order authorizing railroad lease, that part of
savings be devoted to compensate loss to affected employees, valid.
United States v. Lowden, 225.

4. Due Process. Pipeline Companies. Order of Interstate Com-
merce Commission requiring oil company, piping oil interstate to
its own refineries, to furnish valuation data, sustained; question
whether regulation of company's rates would deprive it of due
process not presented. Valvoline Oil Co. v. United States, 141.

5. Judicial Powers. Due process not infringed by withholding
from court jurisdiction which it never possessed. American Fed-
eration of Labor v. Labor Board, 401.

6. Notice and Hearing. Failure of Circuit Court of Appeals to
remand case for new trial, and its giving judgment absolute upon
reversal of District Court, did not deprive defendant of day in
court. Helis v. Ward, 365.

IV. Eleventh Amendment.

Suit Against State by Citizen of Other State. Joinder of state
court judge and officer as defendants. Treinies v. Sunshine Min-
ing Co., 66.