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DEMURRER. See Habeas Corpus, 2.

DEPOSITS. See Equity, 5.

DIRECTOR GENERAL OF RAILROADS. See Admiralty,
2-5; Interstate Commerce Acts, 4-6.

DIVIDENDS. See Taxation, I, 8.

DOMICIL. See Aliens; Jurisdiction, III, 1, 4; Taxation, II,
8-10.

DUTIES. See Customs.

EDUCATION. See Constitutional Law, IX, 23–26.

EJUSDEM GENERIS. See Statutes, 1, 6.

ELKINS ACT:

Page.

Burden of Proof under. U. S. v. Gulf Refining Co........ 542
EMBEZZLEMENT. See Criminal Law, 3, 4; Extradition.
EMINENT DOMAIN. See Const. Law, IX, 10, 11.

EMPLOYERS LIABILITY ACT:

1. Basis of Action, tort. N. Y. Central R. R. Co. v.
Chisholm.

29

Id.

2. Injury in Canada, not within statute, though both parties
United States citizens.

3. Shipowners. First Employers Liability Act inapplicable
to. Alaska Steamship Co. v. McHugh...

ENEMIES. See Trading with Enemy Act.

EQUITY. See Injunction; Laches.

23

1. Fraudulent lease by Guardian. Right of ward to pursue
property, or proceeds, in hands of donees or purchasers with.
notice, without regard to actual damage. U. S. v. Dunn... 121
2. Id. In suit for the specific property relief may be
granted against proceeds. Id.

3. Specific Performance, cannot be maintained in federal
court by assignee. Realty Holding Co. v. Donaldson...... 398
4. Relation, doctrine of not applied to defeat collateral rights
of third parties. U. S. F. & G. Co. v. Wooldridge........ 234
5. Depositary, wrong payment by from fund, does not
divest right of beneficiary. Russian Ins. Co. v. Miller..... 552

EROSION. See Boundaries, 4.

ESCHEAT. See Constitutional Law, IX, 9; Taxation, II,
Treaties.

ESTOPPEL.
EVIDENCE.
Witnesses.

See Boundaries, 5; Claims, 1-7.

Page.

8;

See Anti-Trust Acts; Narcotics; Taxation, I, 15;

85

1. Burden of Proof, on shipper. to show delay of goods
caused by carrier's negligence. Barrett v. Van Pelt........
2. Id. Cession of state rights in national park not assumed
in face of State's bill to contrary. Colorado v. Toll....... 228
3. Id. Presumption. In rate case. Banton v. Belt Line
Ry. Corp......

413

4. Id. Under Elkins Act. U. S. v. Gulf Refining Co...... 542
5. Admissions. Shipment of product as "gasoline," and
describing it so under regulations respecting transportation
of explosives, not admission that "unrefined naphtha" tariff
was inapplicable between other points. Id.

6. Restraint of Interstate Commerce. Evidence of held in-
sufficient and in part subject to maxim de minimis non
curat lex. Industrial Assn. v. U. S.......

64

7. Id. Evidence of held insufficient. Maple Flooring Assn.
v. U. S.

563

Cement Mfrs. Assn. v. U. S..

588

EXECUTION. See Interstate Commerce Acts, 9.

EXPLOSIVES. See Transportation of Explosives Act.

EXPRESS COMPANIES. See Interstate Commerce Acts, 1, 2.

EXTRADITION:

1. Informality of, and degree of proof. Fernandez v.
Phillips.....

2. Complaint and Warrant. Id.

3. Habeas Corpus. Application to extradition proceedings.
Id.

4. Embezzlement, as ground for extradition to Mexico. Id.

FEDERAL CONTROL ACT. See Admiralty, 2, 3; Interstate
Commerce Acts, I, 4-9.

FEDERAL TRADE COMMISSION:

Immunity of witness. Sherwin v. U. S.

311

369

FILIPINOS. See Aliens, 9.

FORECLOSURE. See Railroads.

See Assignment; Bankruptcy, 9, 10; Constitutional
Law, IV, 6; Equity, 1, 2.

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FREEDOM OF SPEECH. See Constitutional Law, VI; IX,
21, 22.

GRAIN STANDARDS ACT. See Const. L., IV, 3.

GUARANTY:

1. Set-Off; Subrogation. Guarantor of bank deposit can not
set off assignment from depositor against liability to bank
under guaranty of fidelity of its officer. U. S. F. & G. Co.
v. Wooldridge ....

2. Doctrine of Relation, inapplicable. Id.

GUARDIAN AND WARD. See Equity, 1.

HABEAS CORPUS. See Parties, 4.

Page.

234

1. Extradition Proceedings, how far reëxaminable in habeas
corpus. Fernandez v. Phillips...
... 311
2. After Criminal Conviction. Inapplicable to review suffi-
ciency of information as pleading, defective allegation of
venue, or constitutionality of state law that defect is waived
by failure to demur. Knewel v. Egan....

HARRISON LAW. See Narcotics, 2.

HIGHWAYS. See Constitutional Law, IX, 10, 11; Public
Lands, 2.

HUSBAND AND WIFE. See Aliens, 1-6.

IMMIGRANTS. See Aliens.

IMMUNITY. See Federal Trade Commission.

INCOME TAX. See Taxation, I, 3–12.

INDIANS:

Fraudulent Lease, by Indian's guardian; right of United
States to regain property or proceeds for ward. U. S. v.
Dunn....

INHERITANCE. See Taxation, I, 4, 13; II, 6-11.

442

121

INJUNCTIONS. See Parties, 2.

1. Inadequate Legal Remedy. Restraint of public service
commission order fixing confiscatory street car fares need not
await decision of commission on rehearing. Banton v. Belt
Line Ry......

2. Parties. Corporation deprived of property by confisca-
tory rate proper plaintiff, though controlling corporation.
benefited by same regulation does not sue. Id.

3. Unconstitutional Statute, enjoining anticipated action
under. Pierce v. Soc. of Sisters....

INSOLVENCY. See Assignment; Bankruptcy.

INSURANCE. See Trading with Enemy Act.

Page.

413

.. 510

INTERNATIONAL LAW. See Aliens; Boundaries; Employ-
ers Liability Act, 1, 2; Extradition; Trading with the
Enemy Act; Treaties.

INTERSTATE COMMERCE ACTS. See Anti-Trust Acts;
Employers Liability Act; Evidence, 4, 5; Federal Trade
Commission.

1. Damages, due to delay-notice of claim for may be re-
quired by Express Company unless caused by carelessness
or negligence. Barrett v. Van Pelt.....

2. Id. Burden of Proof on shipper to show carelessness or
negligence. Id.

3. Id. Final Carrier, named in through bill of lading re-
sponsible for negligence of carrier employed as its agent to
switch car over latter's tracks to consignees warehouse in
city of destination. Missouri Pac. R. R. Co. v. Reynolds-
Davis Co......

4. Id. Action for Damages, accruing during federal control,
against Director General of Railroads exclusively. Davis
v. Cohen Co.....

5. Id. Amendment, of action against railroad substituting
Director General or Federal Agent, begins new action. Id.
6. Id. Limitations. State statute allowing such amend-
ment after two years from date of Transportation Act,
repugnant to that act and void. Id.

7. Reparation. Award. Limitation. Failure to apply in
two years not only bars remedy but destroys cause of action.
Danzer & Co. v. Gulf & Ship Island R. R. Co.....

85

366

638

633

INTERSTATE COMMERCE ACTS-Continued.

8. Suspension of Limitation, by Transportation Act, during
period of federal control, does not, and could not constitu-
tionally, apply to claims barred when act was passed. Id.
9. Federal Control. Execution of process, on carrier's prop-
erty, forbidden by Transportation Act, but not entry of
judgment. North Carolina R. R. Co. v. Story.......

Page.

288

10. Alternative Rates. Right of shipper to choose lower.
U. S. v. Gulf Refining Co....

542

11. Unfinished Products, lower rates for. Id.
12. "Gasoline"; "Naphtha." Rates on.
13. Elkins Act. Burden of proof. Id.

Id.

INTOXICATING LIQUORS. See Prohibition.
IRRIGATION. See Waters.

JAPANESE. See Aliens, 7-9.

JUDGES. See Constitutional Law, II.

JUDGMENTS. See Anti-Trust Acts, 6; Claims, 1; Interstate
Commerce Acts, 9; Jurisdiction; Procedure.

1. Res Judicata. Effect of erroneous judgment. North
Carolina R. R. Co. v. Story...

288

2. Id. Construction of judgment; effect of reasoning in
opinion. Id.

3. Id. Effect of discharge in removal proceedings. U. S.
v. Levy.....

390

4. Certiorari, to interlocutory judgment in criminal case.
U. S. v. Gulf Refining Co..

542

JURISDICTION. See Admiralty; Bankruptcy; Procedure.
I. Generally, p. 729.

II. Jurisdiction of this Court:

(1) Generally, p. 729.

(2) Over Circuit Court of Appeals, p. 729.

(3) Over District Court, p. 729.

(4) Over Territorial Courts, p. 729.

(5) Over State Courts, p. 729.

III. Jurisdiction of District Court, p. 730.

IV. Jurisdiction of Court of Claims, p. 731.

V. Jurisdiction of Court of Customs Appeals, p. 731.

Appeal, error and certiorari. See II, (2); II, (4); II, (5),
1, 2, 4.

Final judgments. II, (2); II, (5); V, 2.

Federal and local questions. II, (5), 5, 6, 7; III, 7. 8.

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