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Cases Disposed of in Vacation.

263 U.S.

B. Rupp, Mr. H. D. Pillsbury, Mr. Frank T. Post and Mr. W. V. Tanner for respondent.

No. 459. CITY OF JACKSON V. LAMAR LIFE INSURANCE COMPANY ET AL.; and

No. 460. CITY OF JACKSON v. MISSISSIPPI FIRE INSURANCE COMPANY ET AL. Error to the Supreme Court of the State of Mississippi. January 14, 1924. Dismissed with costs, on motion of Mr. Garner W. Green and Mr. Marcellus Green for plaintiff in error. Mr. J. Morgan Stevens for defendants in error.

No. 210. THOMAS M. BLAKE v. UNITED STATES. Appeal from the Court of Claims. January 28, 1924. Dismissed, on motion of counsel for appellant. Mr. Jennings C. Wise for appellant. The Attorney General for the United States.

CASES DISPOSED OF IN VACATION.

No. 338. FREDERIC SCHUTTE, ADMINISTRATOR, ETC., ET AL. V. THOMAS W. MILLER, AS ALIEN PROPERTY CUSTODIAN, ET AL. Appeal from the Court of Appeals of the District of Columbia. June 28, 1923. Dismissed pursuant to the 28th Rule. Mr. John Wilson Brown III and Mr. Alfred K. Nippert for appellants. The Attorney General for appellees.

No. 52. MACHINERY & METALS SALES COMPANY, ETC. v. UNITED STATES. Appeal from the Court of Claims. July 5, 1923. Dismissed pursuant to the 28th Rule. Mr. W. E. Humphrey and Mr. Wm. C. Prentiss for appellant. Mr. Solicitor General Beck, Mr. Assistant Attorney General Lovett and Mr. W. W. Dyar for the United States.

INDEX.

ABANDONMENT. See Patents for Inventions, 3; Public

Lands, III, 6.

Page.

ACCOUNTANTS. See Constitutional Law, VI; XIII, 5.

ACCOUNTING. See Equity, 4.

ADEQUATE LEGAL REMEDY. See Equity, 1-3.

ADMINISTRATION.

See Executors and Administrators;

Trusts and Trustees; Wills.

ADMINISTRATIVE DECISIONS. See Aliens, 1-8; Canal
Zone, 1, 2; Constitutional Law, VI; XIII, 2, 3, 5, 11, 15,
17; Equity, 2, 3; Interstate Commerce Acts, II; Jurisdic-
tion, I, 2; IV, 10, 20; Navy, 2-6; Public Lands, I; Unfair
Competition.

ADMIRALTY:

Shipping Commissioners Act; rights of seamen under. See
Street v. Shipowners' Assn....

334

1. Rules, of this Court, for inferior tribunals in admiralty,
cannot enlarge or restrict jurisdiction, or modify substantive
law. Washington-Southern Co. v. Baltimore Co.......... 629
2. Cross-Libel; Security; Rule 50. Power of District Court
to stay proceedings on original libel until libelant shall give
security to respond to counterclaim. Id.

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3. Freight Contract; Stowage. Preliminary contract giving
ship option as to place of stowage; subsequent issuance of
clean bill of lading as representation that stowage will be
below deck. St. Johns Shipping Corp. v. Companhia
Geral.....

4. Id. Deviation; Measure of Damages. Cargo stowed on
deck and jettisoned during storm; ship liable for deviation;
damages measured by value at destination. Id.

731

119

ADMIRALTY-Continued.

Page.

5. Marine and War Risk Insurance. "Warlike Operations"
clause construed narrowly; applicable only to proximate
cause of loss. Queen Ins. Co. v. Globe & Rutgers Co...... 487
6. Id. Loss from collision between merchant vessels under
convoy and sailing without lights, held not attributable to
warlike operations. Id.

7. Id. English Law. Special reasons for following. Id.

ADMISSIONS. See Aliens, 4-8; Evidence, 2.

ADVERSE POSSESSION:

1. Canal Zone; Civ. Code, Arts. 2531, 2526. Owner of
registered title in possession for period of extraordinary pre-
scription, cannot be disseized by registration of conveyance
by stranger to title and subsequent lapse of period of ordi-
nary prescription. Diaz v. Patterson..

2. Id. Notice to Unknown Claimants. Failure of court to
order, will not avail plaintiff who fails to establish title in
himself. Id.

AGENCY. See Interstate Commerce, 1.

AGENT, TRANSPORTATION ACT. See Carriers, 4-7;
Jurisdiction, VI, 5, 6.

ALASKA. See Taxation, III.

ALIENS:

1. Deportation; Issue of Alienage. When a jurisdictional
fact, which must be found, to sustain deportation. Bilo-
kumsky v. Tod......

2. Id. Burden of Proof, on Government. Id.

3. Habeas Corpus lies when essential finding of fact unsup-
ported by evidence. When person held not entitled to dis-
charge because warrant of arrest issued without probable
cause. Id.

4. Self-Incrimination; Sedition. Admission of Alienage, does
not incriminate person arrested and charged with possessing
seditious matter. Id.

5. Id. Person arrested may be compelled to testify whether
he is an alien; inference from standing mute. Id.

399

149

ALIENS Continued.

6. Search and Seizure. Interrogation under oath by govern-
ment official of one lawfully in confinement, not a search and
seizure. Id.

7. Right to Counsel. Rules of Secretary of Labor, do not
require advice as to right to counsel and to decline to
answer, before interrogation of person under investigation as
to alienage. Id.

8. Unfair Hearing. Admission of alienage made previously
by person held, while in custody of state authorities, may
be used in evidence in deportation proceedings. Id.

9. Contracts. Citizen's right to contract with alien; denied
where alien cannot legally make and carry out contract.
Webb v. O'Brien.....

10. Land Ownership. Power of State, to deny right to
aliens, in absence of treaty to contrary. Id.

11. Id. Japan Treaty, 1911, does not confer upon Japanese
subjects right to own or lease for agricultural purposes.
Terrace v. Thompson...

Webb v. O'Brien....

Page.

313

197

313

Porterfield v. Webb.

225

Frick v. Webb....

326

12. California and Washington Alien Land Laws, forbidding
aliens ineligible to citizenship to acquire interests in land,
sustained.

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Webb.....

13. Id. Shares in Agricultural Corporation. Sale by citizen
to ineligible alien; California law prohibiting, sustained.
Frick v.

326

14. Id. Washington Law, as construed by State Supreme
Court, held not in conflict with state constitution, Terrace
v. Thompson.....

15. Id. Criminal and Forfeiture Proceedings. When citizen
landowner and alien Japanese may sue to enjoin. Id.
16. Trading with Enemy Act; Claims Against Seized Prop-
erty; Suit Against United States. Suit against Alien Prop-
erty Custodian and foreign corporation to establish debt of
latter to plaintiff, is one against United States, maintainable
only as provided in act. Banco Mexicano v. Deutsche
Bank...

197

591

ALIENS-Continued.

17. Id. "Debt Arising with Reference to Property Held."
Where neutral bank lent money at New York to German
bank, and money was deposited there by borrower, and,
before loan fell due, deposit was seized by Custodian, suit to
collect loan held not maintainable. Id.

18. Id. Attachment under State Law. That debt, when
due, might have been collected by attachment, had property
not been seized, did not alter case. Id.

19. Id. Construction. Legislative History, including re-
marks of congressman explaining bill, not controlling. Id.

ALIEN ENEMIES. See Aliens, 16-19.

ALIEN PROPERTY CUSTODIAN. See Aliens, 16-19.

ALIENATION. See Indians.

ALLOTMENT. See Indians.

ANIMALS. See Game.

ANTI-TRUST ACTS. See Interstate Commerce, 1.

Shipowners' employment regulations; claim by seaman of
violation of rights under Anti-Trust Act. See Street v. Ship-
owners' Assn....

1. Conspiracy; Restraining Distribution of Motion Picture
Films. Combination of distributors directed against business
of exhibitor and preventing him from leasing films in future,
held unlawful. Binderup v. Pathe Exchange.

2. Restraint on Production; Manufacturers and Labor Union.
Whether agreement violates Sherman Law, when it concerns
only way in which labor employed in production, and not
sales or distribution, depends upon facts. Window Glass
Mfrs. v. United States...

3. Id. Apportionment of Labor. Agreement apportioning
labor among factories throughout season, is not unlawful,
assuming it might affect interstate commerce. Id.

4. Futures Trading. Legality, of sales upon an exchange,
under contracts for actual delivery in future but which in
practice are cleared by "matching " and " ringing". United
States v. New York Coffee Exchange.....

Page.

334

291

403

611

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