ecutive department of the Government. Louisiana v. McAdoo,
627.
2. Federal; jurisdiction; law governing in determining effect of change of
decision by state court.
Courts of the United States are courts of independent jurisdiction; and
when a question arises in a United States court as to the effect of a
change of decision which detrimentally affects contracts, rights and
obligations entered into before such change, such rights and obliga-
tions should be determined by the law as judicially construed at
the time the rights accrued. Moore-Mansfield Co. v. Electrical Co.,
619.
3. Federal; independent judgment as to violation of contract right by deci-
sion of state court.
Federal courts in such a case, while leaning to the view of the state
court, in regard to the validity or the interpretation of a statute,
should exercise an independent judgment and not necessarily fol-
low state decisions rendered subsequently to the arising of the con-
tract rights involved. Ib.
4. State; right to assess against party attorney's fee for services in this court.
A state court has not, nor can a statute of the State give it, the power
to assess as against one party to a suit in this court a sum for attor-
neys' fees for services rendered in this court as against another
party to the suit, when such assessment is not authorized by the
law of the United States or by the rules of this court. Missouri
Pacific Ry. Co. v. Larabee, 459.
5. State; power to award damages suffered after writ of error and super-
sedeas by this court in suit for injunction.
A state court, when so authorized by the laws of the State, has the
power to award actual damages for business losses which are suf-
fered by reason of the acts sought to be controlled or enjoined in
the suit after the allowance by this court of a writ of error and
supersedeas, including reasonable attorneys' fees in the proceed-
ings in the state court. Quare, whether the state court can award
punitive damages. Ib.
6. Question for, in suit against ecclesiastical body; when civic and not
ecclesiastical.
In a suit by an ecclesiastical society to recover from the administrator
of a deceased member assets of the estate as community property
under the provisions of the constitution and membership, the ques-
tion for the courts is not one of canon law or ecclesiastical polity,
but one solely of civil rights. St. Benedict Order v. Steinhauser, 640.
INTERSTATE COMMERCE COMMIS-
See CONGRESS, POWERS OF;
CONSTITUTIONAL LAW, 36,
GOVERNMENTAL FUNCTIONS;
GOVERNMENTAL POWERS, 1;
JUDGMENTS AND DECREES, 3;
JURISDICTION;
PHILIPPINE ISLANDS, 1;
PRACTICE AND PROCEDURE;
STATES, 10;
STATUTES, A 6, 9, 10, 11.
CRIMINAL LAW.
See PHILIPPINE ISLANDS.
As evidence of long understood law.
Where neither statutes nor decisions of the courts are directly to the
contrary, the courts may refer to established trade customs as evi-
dence of what has been long understood to be the law. (Gibson v.
Stevens, 8 How. 384.) Dale v. Pattison, 399.
DELIVERY.
See LOCAL LAW (Ohio);
PLEDGE, 1, 2, 3.
DEPARTMENTAL CONSTRUCTION.
See STATUTES, A 4.
DESCENT AND DISTRIBUTION.
1. Law governing; nature of right of inheritance.
Inheritance is not a natural or absolute right but the creation of statute
and is governed by the lex rei sita. Jones v. Jones, 615.
2. Law governing in case of claim through alien, bastard or slave.
The rights of one claiming real property as heir, through an alien, a
bastard or a slave, must be determined by the local law. (Blythe v.
Hinckley, 180 U. S. 333.) Ib.
See CONSTITUTIONAL LAW, 35;
LOCAL LAW (Tenn.).
DISCHARGE IN BANKRUPTCY.
See CORPORATIONS, 6.
DISCHARGE OF SURETY.
See CONTRACTS, 6, 7, 8.
DISCRIMINATIONS.
See INTERSTATE COMMERCE, 36, 38, 39;
INTERSTATE COMMERCE COMMISSION, 1, 6, 7, 8.
DISTRICT COURTS.
See JURISDICTION, C;
DISTRICT OF COLUMBIA.
See CONSTITUTIONAL LAW, 6;
CONTRACTS, 6-9.
DIVISION OF RATES.
See INTERSTATE COMMERCE, 36, 37, 38.
INTERSTATE COMMERCE COMMISSION, 10, 11;
See SAFETY APPLIANCE ACT, 3, 4.
DUE PROCESS OF LAW.
See CONSTITUTIONAL LAW, 11-22;
PHILIPPINE ISLANDS, 5;
PRACTICE AND PROCEDURE, 2.
DUTIES ON IMPORTS.
See MANDAMUS, 3, 4, 6;
STATES, 11;
UNITED STATES, 3.
1. Community ownership of property; repugnance to public policy.
Where the State has chartered a society as one of "religious men
living in community," a provision in its constitution for commu-
nity ownership, with renunciation of individual rights in private
property during continuance of membership, with freedom of
withdrawal, is not invalid as opposed to the public policy of,
but is directly sanctioned by, the State creating the society. St.
Benedict Order v. Steinhauser, 640.
2. Community ownership of property; validity of agreement as to.
An agreement to live in community and renounce individual rights of
property, but with a right to withdraw at any time invades no con-
stitutional right; nor, in this case, does it transgress any statute of
the State of New Jersey which chartered the society with which
the agreement is made. Ib.
3. Community ownership of property; validity under Constitution and
public policy of agreement as to.
In this case held that an agreement made by a member of a religious
order chartered as a society of religious men living in community
that his individual earnings and acquisitions, like those of other
members, should go into the common fund, included his earnings
from copyrights of books; and also held, that as such agreement
contained a right to withdraw at any time there was no infringe-
ment of any right protected by the Constitution of the United
States nor was it against the public policy of the State of New
Jersey which granted the charter to the society. Ib.
EMINENT DOMAIN.
See CONSTITUTIONAL LAW, 23, 39.
VOL. CCXXXIV-51
EMPLOYER AND EMPLOYÉ.
See ADMIRALTY, 2;
CONSTITUTIONAL Law, 31;
EMPLOYERS' LIABILITY ACT.
EMPLOYERS' LIABILITY ACT.
Assumption of risk; effect of act on common law doctrine.
By the Employers' Liability Act the defense of assumption of risk re-
mains as at common law, save in those cases mentioned in § 4
where the violation by the carrier of any statute enacted for the
safety of employés contributed to the accident. Southern Ry. Co.
v. Crockett, 725.
EQUAL PROTECTION OF THE LAW.
See CONSTITUTIONAL LAW, 11, 12, 18, 24-35;
PHILIPPINE ISLANDS, 2.
See BILLS AND NOTES, 3;
INTERSTATE COMMERCE COMMISSION, 1;
Benefit of testimony; who entitled.
A party is entitled to the benefit of all the testimony in the case from
whatever source it comes; and, although having the burden of
proof, need not prove any fact otherwise established. New Orleans
& N. E. R. Co. v. National Rice Co., 80.
See CONGRESS, POWERS OF;
CONSPIRACY, 2;
CORPORATIONS, 11;
CUSTOM AND USAGE;
INTERSTATE COMMERCE, 41;
PUBLIC LANDS, 19, 20.
EXECUTION.
See BANKRUPTCY, 1, 2;
INDIANS, 3.
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