LIQUORS. See Intoxicating Liquors.
Extent of authority conferred on city by its charter, con- struction of charter, and validity, scope and effect of ordi- nances and proceedings thereunder, and rights of parties thereto under state law, are matters of state law, as to which decisions of state courts controlling. St. Louis & K. C. Land Co. v. Kansas City. .... 419 See Law Governing and Captions of Various States, Territories and Insular Possessions.
Act No. 10 of Extra Session, 1915, relating to business of sugar refining, held unconstitutional under equal protection and due process provisions of Fourteenth Amendment. McFarland v. American Sugar Co...
Section 215, Crim. Code, prohibits using the mails for fraud- ulent statements assigning to article to be sold qualities which it does not possess. United States v. New South
There is deception and fraud within the meaning of § 215, where the article is not of the character represented and hence does not serve the purpose. Id.
Persons employing false representations as to use to which an article offered may be put, are engaged in scheme to de- fraud within meaning of § 215. Id.
Mandamus will not lie to control conduct of Secretary of Interior concerning matter within his administrative au- thority. Lane v. Mickadiet.......
State may not, by mandamus, compel railroad to comply with rates fixed by state law unless opportunity afforded to test question of confiscation. Missouri v. Chicago, B. & Q. R. R. Co.
Under § 4529, Rev. Stat., as amended in 1898, shipowner not liable for penalty for delay in payment of seaman's wages during period between judgment and affirmance by appellate court, where reasonable cause for prosecuting ap- peal. Pacific Mail S. S. Co. v. Schmidt...
Adultery is an offense against the marriage relation and be- longs to the class of subjects which each State controls in its own way. Southern Surety Co. v. Oklahoma....
Employer not required to furnish latest, best and safest machinery and appliances, provided those in use are reason- ably safe and suitable. Chicago & N. W. Ry. v. Bower.... 470 Continuance of an engineer in his employment on locomo- tive equipped with old style lubricator glass, after he has re- quested that new and safe style be substituted, held not to amount to assumption of extraordinary risk involved in re- tention of older appliance. Id.
Question whether appliance causing injury, which was not of latest type, was reasonably safe and suitable, held properly submitted to jury. Id.
In absence of knowledge of custom of employer in making up trains, brakeman not bound by custom unless it is such as reasonably careful employer would adopt. Chesapeake & Ohio Ry. v. Proffitt......
Even if employee knows and assumes risk of inherently dan- gerous method of work, he does not assume increased risk attributable to negligence in pursuing it. Id.
Employee not bound to exercise care to discover dangers resulting from employer's negligence and not ordinarily in- cident to the employment. Id.
Employee not regarded as having assumed risk attribut- able to employer's negligence until he becomes aware of it. Id.
While employee assumes risks ordinarily incident to em- ployment, so far as not attributable to negligence of em- ployer or those for whom responsible, employee has right to assume that employer has exercised proper care as to safety of place and method of work. Id.
To subject employee without warning to unusual danger, not normally incident to employment, is itself an act of negligence. Id.
Under Mining Act of the State of Washington a gas-tester is the representative of the master and not a fellow-servant. Brown v. Pacific Coast Coal Co. .
See Employers' Liability Act; Safety Appliance Act.
MEASURE OF DAMAGES. See Damages.
MEMBERS OF CONGRESS:
A member of the House of Representatives is an officer of the United States within the meaning of § 32, Penal Code. Lamar v. United States..
MERCHANTS. See Chinese.
Law imposing license fee to operate employment agencies and prohibiting agents from sending applicants to em- ployer who has not applied for labor, is not unconstitu- tional as deprivation of property without due process of law or as denying equal protection of the law. Brazee v. Mich- igan.. ... 340
Under Mining Act of Washington it is the duty of mine owner to supply ventilation that will prevent accumulations of gas, which duty cannot be delegated, and gas-tester is a representative of the principal and not a fellow-servant of other employees engaged in mining. Brown v. Pacific Coast Coal Co....
MISBRANDING. See Pure Food and Drugs Act.
Overflows are accidental and extraordinary and justify con- struction of levees for prevention of destruction to valley of river. Cubbins v. Mississippi River Commission.. Conditions in valley of river demonstrate that work of Federal and various state commissions in constructing series of levees is for purpose of prevention of destruction and improvement of navigation and not for purposes of reclamation. Id.
Congress had power to create Commission and through it to build levees to improve navigation, and Government is not responsible to riparian owners for deflection of water by reason thereof. Id.
There is no identity between the great valley of the Missis- sippi and the flood bed of that river, but the bank of that river is where it is found and does not extend over a vast and imaginary area. Id.
MUNICIPAL CORPORATIONS:
Extent of authority conferred on city by its charter, con- struction of charter, and validity, scope and effect of ordi- nances and proceedings thereunder, and rights of parties
MUNICIPAL CORPORATIONS-Continued.
thereto under state law, are matters of state law, as to which decisions of state courts controlling. St. Louis & K. C. Land Co. v. Kansas City.
As to jurisdiction of admiralty of libel in rem against vessel for damages to beacon in navigable waters, see The Raith-
Quare as to liability of United States to owner of tract of land part of which taken for erection of dike in navigable river. United States v. Archer . . . .
To subject employee without warning to unusual danger, not normally incident to employment, is itself an act of negligence. Chesapeake & Ohio Ry. v. Proffitt... While employee assumes risks ordinarily incident to employ- ment, so far as not attributable to negligence of employer or those for whom responsible, employee has right to assume that employer has exercised proper care as to safety of place and method of work. Id.
Employee not regarded as having assumed risk attributable to employer's negligence until he becomes aware of it. Id. Employee not bound to exercise care to discover dangers re- sulting from employer's negligence and not ordinarily in- cident to the employment. Id.
Even if employee knows and assumes risk of inherently dangerous method of work, he does not assume increased risk attributable to negligence in pursuing it. Id.
Engineer of approaching train, on seeing lights of brakeman sent out to guard latter's train, has right to presume that brakeman is standing on guard, and does not owe him duty to immediately stop train. Southern Railway v. Gray...... 333 See Admiralty; Employers' Liability Act.
Order for new trial made by District Court for Southern District of Florida after adjournment, pursuant to General Rule No. 1, and before beginning of next term, is not be- yond jurisdictional power of judge. Abbott v. Brown.....
Stipulation in bill of lading requiring notice of claim before action brought held satisfied by telegram from shipper to terminal carrier. Georgia, F. & A. Ry. v. Blish Milling Co... 190
Right of common carrier to require notice of claim before action brought; and sufficiency of such notice. Id. Sufficiency of notice of injury to shipment under stipulation of bill of lading. See Northern Pacific Ry. Co. v. Wall...... 87 As to who entitled to notice in condemnation proceedings. See St. Louis & K. C. Land Co. v. Kansas City. . . .
Court will not, in order to accommodate venue of particular offense, introduce confusion into the law. United States v. Lombardo.....
Nature and jurisdiction of offense of failure to file certificate under § 6, White Slave Traffic Act. Id.
Effect of complaint in extradition proceedings to properly charge. See Kelly v. Griffin..
OFFICERS OF UNITED STATES:
A member of the House of Representatives is an officer of the United States within the meaning of § 32, Penal Code. Lamar v. United States ...
Section 32, Penal Code, prohibits and punishes the false assuming, with intent to defraud, to be an officer or em- ployee of the United States; and also the doing in the falsely assumed character of any overt act to carry out the fraud- ulent intent, whether it would have been legally authorized had the assumed capacity existed or not. Id.
OIL LEASES. See Oklahoma.
Under §§ 16, 20, Enabling Act, and sched. 28, constitution of Oklahoma, State took place of United States in prosecu- tions for adultery, neither party being Indian, commenced in Indian Territory, and all essential parts of prosecution, in- cluding bail bond, passed to State with power of enforce- ment. Southern Surety Co. v. Oklahoma......
As one not in possession may not maintain action to quiet title and one may not maintain ejectment as lessee under oil or gas mining lease, equity has jurisdiction of suit by such lessee to restrain claimants under another lease from inter- fering with property. Lancaster v. Kathleen Oil Co......... 551 OPIUM:
Court cannot know judicially that no opium is produced in this country, nor so assume when construing statute itself
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