ACCOMPLICES. See Criminal Law, 2.
ACTS OF CONGRESS. See Table at front of volume; Stat-
utes.
ADEQUATE REMEDY AT LAW. See Equity, 10, 12, 14-16.
1. Abandonment of voyage to avoid seizure as prize justified
where war rightly anticipated and voyage abandoned before
actual declaration. The K onprinzessin Cecilie..
2. In such case no cause of action arises from failure to de-
liver freight, although, semble, risk did not fall within excep-
tion of "arrest and restraint of princes, rulers or people"
in bills of lading. Id.
3. Where contract not made in expectation that war may
intervene before delivery, peril of capture affords implied
exception to carrier's undertaking, contract being silent on
subject. Id.
4. Carrier's liability cannot depend upon nice calculation
that delivery might have been made and capture avoided if
voyage had gone on. Id.
5. Question whether Ohio Workmen's Compensation Act,
as applied to interstate steamship company, conflicts with
federal maritime jurisdiction, not considered because not
presented to lower courts. Valley S. S. Co. v. Wattawa.... 202
6. Where injury occurs in interstate maritime transporta-
tion, fact that vessel is owned and operated by interstate
railroad no basis for application of Federal Employers'
Liability Act. Southern Pacific Co. v. Jensen..
7. The word "boats " in that act refers to vessels which are
but part of railroad's extension or equipment as understood
and applied in common practice. Id.
8. Under Art. III, § 2, and Art. I, § 8, of Constitution, Con-
gress has paramount power to fix and determine maritime
law which shall prevail throughout country. Id.
9. In absence of controlling statutes, general maritime law
as accepted by federal courts constitutes part of national
law applicable to matters within admiralty and maritime
jurisdiction. Id.
10. Power of States to affect general maritime law, existing
to some extent under Constitution and Judiciary Act of
1789, may not contravene essential purposes of act of Con-
gress, work material prejudice to characteristic features of
general maritime law or interfere with its proper harmony
and uniformity in international and interstate relations. Id.
11. Rights and liabilities arising from injury to stevedore
while unloading ship at wharf in navigable waters, within
maritime jurisdiction. Id.
See also Clyde S. S. Co. v. Walker.... 255
12. New York Workmen's Compensation Act, as applied to
such case, conflicts with Constitution; remedies provided by
it unknown to common law and hence not among common-
law remedies saved to suitors from the exclusive admiralty
jurisdiction by Judiciary Act of 1789, § 9. Id.
13. The act also inconsistent with policy of Congress to en-
courage investments in ships, manifested by Acts of 1851 and
1884, which declare limitation upon liability of owners. Id.
14. Appearance in answer to citation issued upon libel in
personam does not empower court to introduce new claims of
new claimants without service on defendant. Ex parte In-
diana Transp. Co.....
456
15. Exception to amended libel upon ground that it is con-
trary to law in joining new libellants with separate causes of
action and because defendant cannot be called on to answer
as to additional libellants, not general appearance as to
them, and sufficiently sets up want of service. Id.
16. Pleading to merits after objection to jurisdiction over-
ruled, no waiver. Id.
ADMISSIONS. See Equity, 22; Taxation, 7.
By applicant for patent conceding priority, etc., of another's
invention. Ewing v. Fowler Car Co...
Ratification. See Public Lands, 11.
ALIENATION, RESTRAINT ON. See Indians, 5, 7.
1. Amendment of General Order in Bankruptcy No. XXXII 641
2. Right to challenge jurisdiction over person of defendant
not waived when court, sua sponte, directs plaintiff to amend
complaint to disclose citizenship more fully before hearing on
jurisdictional question. Meisukas v. Greenough Coal Co...
3. Where offer was made at trial to amend answer by setting
up claim of federal right and was rejected by state courts,
under state practice, as coming too late, this court will not
review where there was no purpose to evade claim of federal
right. Nevada-California-Oregon Ry. v. Burrus...
4. Appearance in answer to libel in personam does not em-
power court, without service on defendant, to permit new
claims of new claimants, each claim alleging separate cause
of action, to be introduced by amendment. Ex parte In-
diana Transp. Co... ...
456
5. If declaration alleges that injuries to decedent caused
him to "suffer intense pain," amendment at trial adding
that he endured "conscious pain and suffering" does not
introduce new cause of action. Washington Ry. & Elec. Co.
v. Scala.
1. Established principles governing right of stockholder to
sue on behalf of corporation when it refuses, and confining
him to equity forum, apply when alleged injury to corpora-
tion arises under Sherman Act. United Copper Co. v. Amal-
gamated Copper Co. ... ..
2. Private party cannot maintain suit for injunction under
§ 4 of Sherman Act. Paine Lumber Co. v. Neal. ....
3. Enjoining labor unions. See Equity, 21.
APPEAL AND ERROR. See Jurisdiction; Procedure, 1, 2.
APPEARANCE. See Jurisdiction, I.
1. Extension of power of Corporation Commission to regula-
tion of water systems belonging to individuals, as provided
in the Public Service Corporation Act of Arizona, is per-
mitted by state constitution, Art. XV. Van Dyke v. Geary.. 39
2. Art. IV, pt. 2, § 13, of Arizona Constitution, requiring
that acts of legislature shall embrace but one subject and
matters properly connected therewith, which subject shall
be expressed in title, is sufficiently complied with by Public
Service Corporation Act, although act applies to individuals
as well as corporations, while its title refers to corporations
and makes no mention of individuals. Id.
ASSESSMENT. See Taxation.
ASSIGNMENT. See Contracts, 4.
ASSUMPTION OF RISK. See Employers' Liability Act;
Instructions to Jury; Workmen's Compensation Laws.
BANKRUPTCY:
Amendment of General Order in Bankruptcy No. XXXII,
as to mode of opposing discharge or composition..
BANKS. See National Banks.
BILL OF LADING. See Interstate Commerce Acts, II.
BONDS. See Mortgage.
Securing construction contracts with United States. See
Sureties.
Injunction bonds. See Equity, 3-5.
Merger of guaranties of corporate bonds in judgment recov-
ered by trustee for bondholders; and proceedings for en-
forcing judgment as lien against guarantor's property, fore-
closed and sold under another mortgage. See Hamer v. New
York Rys. Co..
BOUNDARIES. See Public Lands, 3-6.
Power of State to impose duty upon owners of irrigation
canals to construct bridges over them. Farmers Irrig. Dist.
v. O'Shea ...
Estimating value of railroad corporation's capital stock for
purposes of taxation. See Taxation.
Under the franchise tax provisions of Kentucky (Ky. Stats.,
§§ 4077-9) relating to railroad and other corporations exer-
cising special or exclusive franchises, what is termed the
"capital stock of the corporation" includes its entire prop-
erty, tangible and intangible. Greene v. Louis. & Interurban
R. R....
See also Louis. & Nash. R. R. v. Greene.
Illinois Cent. R. R. v. Greene.
CARMACK AMENDMENT.
Acts, II.
CARRIERS. See Employers' Liability Act; Franchise;
Hours of Service Act; Railroads; Safety Appliance Act;
Street Railroads; Workmen's Compensation Laws.
Measure of damages in contracts for transportation. See
Damages, 1-3.
Contracts of shipment; construction and effect; duty to read
before signing; relation to filed rates, etc. See Interstate
Commerce Acts, II.
Status of caretakers of livestock traveling on drovers' passes,
and construction and effect of contracts with carrier. See
Interstate Commerce Acts, II.
Federal regulation. See Interstate Commerce Acts.
State regulation of water rates. See Water Rates.
State Regulation of Rates and Service:
1. The" blow post " law of Georgia, which requires railroads
to check speed of trains before public road crossings, held
unconstitutional as applied to the case. Seaboard Air Line
v. Blackwell..
2. Arkansas freight and passenger rates held confiscatory.
Rowland v. St. Louis & S. F. R. R....
3. While case involving validity of rates was pending in
trial court, railroad, for purpose of allocating its expenses
to intrastate and interstate freight and passenger traffic,
caused minute and specific reports to be made by its em-
ployees of all facts that would throw light upon the problem.
Held not objectionable as hearsay; and that the 2 months of
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