ment of shipper to take notice and be bound thereby. Pierce
Co. v. Wells, Fargo & Co.....
Contract held not illegal, intrinsically or under Anti-trust
Act, because seller agreed to give portion of its profits to pur-
chaser exclusively dealing for its own use with seller for
specified period. Wilder Mfg. Co. v. Corn Products Co.... 165
Courts may not refuse to enforce otherwise legal contract be-
cause it might afford some indirect benefit to a wrongdoer. Id.
Employer and employé may insist that stipulation as to
ground for terminating employment shall be a sine qua nòn
of inception or continuance of employment. Coppage v.
Kansas...
Continental Wall Paper Co. v. Voight, 212 U. S. 227, distin-
guished. Wilder Mfg. Co. v. Corn Products Co...
Impairment of obligation. See Constitutional Law.
Liability on: Under contracts for limited liability, based on
rate selected by shipper, and fairly made, shipper in case of
loss is limited to recover specified amount. Pierce Co. v.
Wells, Fargo & Co...
Such contracts do not contravene settled principles of com-
mon law preventing contracting against liability for negli-
gence. Id.
Local statutes the measure of rights of one suing in Federal
court on contract obligation of county. Yost v. Dallas
County..
Effect of bankruptcy to terminate. See Lesser v. Gray..
Government contracts: Where Government relets contract
with substantial differences, surety is not released from all
obligation, but his liability is measured by actual loss sus-
tained. United States v. United States Fidelity Co........ 512
Liability of surety of building contractor becomes fixed on
occurrence of default and is not released by failure of Gov-
ernment to have same kind of building erected. Id.
Where contractor's right to retain partial payments condi-
tioned on subsequent fulfillment of contract, he is, on default,
obligated to repay. Id.
Where Government authorized to complete work at expense
of defaulting contractor, it is not confined to that remedy,
but can recover actual damages sustained. Id.
Rule that party suffering loss from breach of contract must
reasonably act to mitigate loss, not applicable where fixed
loss sustained that cannot be mitigated. Id.
Delay of Government in pressing claim against contractor
for partial payments received, not waiver of interest. Id.
Charters: Where constitution of State reserves right, char-
ter of corporation may be repealed without impairing obliga-
tion of contract. Ramapo Water Co. v. New York.... 579
Not to be presumed that state legislature in granting char-
ter containing exemptions would practice deceit or make
futile grant. Wright v. Central of Georgia Ry......
Status: Where corporation organized simply to take title to
lands and its first business was to record deeds from owners
of practically all of its stock, and there is doubt as to
whether they were actually delivered until then, difference
in legal personality gives latter no greater rights than former;
and fact that third parties held stock of the corporation as
collateral for debts of principal stockholder did not alter
situation. Linn & Lane Timber Co. v. United States. ..... 574
Corporation held to be tool of individual organizing and con-
trolling it and that his knowledge of fraud was its knowledge.
Id.
Defense by one who has dealt with corporation that it has
no legal existence because an unlawful combination under
Anti-trust Act, is mere collateral attack on its organization
which cannot lawfully be made. Wilder Mfg. Co. v. Corn
Products Co.. ....
Foreign: State may not exclude from its limits corporation
engaged in interstate commerce. Heyman v. Hays.
Southern Operating Co. v.
Hays..
State may require foreign corporation to designate agents
upon whom service of process may be made or, in default,
designate one for the purpose, when cause of action arises in
State. Simon v. Southern Ry. Co... . . . .
Quare, whether statutory provision as to service on foreign
corporation by service on Secretary of State is satisfied by
service on Assistant Secretary in absence of Secretary. Id.
Judgment by default against foreign corporation in suit
based on cause of action arising in another State, where in
absence of resident agent service of process was made on
Secretary of State under state law, is absolutely void and
Federal court may enjoin. Id.
Quare, whether act of foreign corporation against whom
CORPORATIONS-Continued.
judgment entered amounted to doing business within State.
Id.
Foreign corporation held not to have had a regular and es-
tablished place of business in district which would subject
it to jurisdiction of Federal court under act of March 3, 1897.
Tyler Co. v. Ludlow-Saylor Wire Co....
Suits in forma pauperis under act of 1892 as amended by act
of 1910, allowable in the same discretion as to merit as under
former act granting right to plaintiff in court of first in-
stance. Kinney v. Plymouth Rock Squab Co....
Allowance of counsel fees under §§ 8, 16, Act to Regulate
Commerce, is for services in action on award and not those
in proceeding before Commission. Meeker & Co. v. Lehigh
Valley R. R.....
...412, 434
When and to what extent question as to allowance of counsel
fees under § 16 of Act to Regulate Commerce open in this
court. Id.
Power and duty: Rule against judicial interference with
state officers applicable especially in cases of taxes and li-
cense fees. Dalton Machine Co. v. Virginia..
Cannot take place of taxing power. Wright v. Central of
Georgia Ry....
Cannot set aside order of Interstate Commerce Commission
in regard to interchange of freight by carriers which does not
contravene any constitutional limitation and is within au-
thority of that body and supported by testimony. Pennsyl-
vania Co. v. United States. . . .
Not province to revise conclusions found practicable by men
versed in a business; nor will this court do so in advance of
law authorizing commission composed of such men to pre-
scribe regulations being put into effect. Rail & River Coal
Co. v. Ohio Industrial Comm... ..
May not refuse to enforce otherwise legal contract because
it might afford some indirect benefit to a wrongdoer. Wilder
Mfg. Co. v. Corn Products Co... ..
Cannot substitute their own appointee to levy tax as pro-
vided in county bonds where manner of such levy is provided
by statute. Yost v. Dallas County..
In absence of decision of state court to contrary, a state
statute giving court power to enforce by mandamus or
otherwise an order to have a tax assessed, not construed as
authorizing court to collect the tax itself. Id.
Conformity Act: Not applicable to state rule of practice pro-
hibiting availing of statute of limitations by general de-
murrer, to cause arising under Federal statute expressly
limiting time within which right thereunder can be asserted.
Phillips Co. v. Grand Trunk West. Ry. ...
Who entitled to resort to: Person whose rights not directly af-
fected or threatened not entitled to call upon court to con-
strue orders, acts and provisions of Constitution. Stearns v.
Wood. ....
See Appeal and Error; Jurisdiction; Parties; Practice
and Procedure; Removal of Causes.
If proof sufficient to justify submission of case to jury on
question of assumption of risk, refusal to instruct verdict for
defendant not reversible error. Seaboard Air Line v. Pad-
gett.
CREEK AGREEMENT. See Indians.
Charge of crime against United States must have clear legis-
lative basis. United States v. Smull....
Laws prohibiting encouragement of crime not unfamiliar.
Fox v. Washington ...
State may not render criminal normal and essentially inno-
cent exercise of personal liberty. Coppage v. Kansas...........
Principle that act may constitute criminal offense against
two sovereignties so that punishment by one does not pre-
vent punishment by the other, only relates to cases where
both have jurisdiction over act. Southern Ry. Co. v. Rail-
road Comm. of Indiana..
Acceptance, as well as delivery, essential to validity of par-
don. Burdick v. United States.
CRIMINAL LAW-Continued.
Offer of pardon for offense connected with testimony sought
not effective to deprive witness of immunity. Burdick v.
United States...
Legislative immunity and pardon differentiated. Id.
Amnesty and pardon differentiated. Id.
Woman transported in violation of White Slave Act may be
guilty of conspiracy under § 37, Penal Code of 1899. United
States v. Holte...
As respects affidavits required by Land Department, § 125,
Criminal Code, must be read in light of § 2246, Rev. Stat.
United States v. Smull....
When by valid regulation Land Department requires affi-
davit to be made before an otherwise competent officer, that
officer is authorized to administer the oath under § 125,
Criminal Code, and the false swearing is made a crime and
the penalty is fixed therefor by Congress and not by De-
partment. Id.
Charge of perjury may be based on § 125, Criminal Code,
for knowingly swearing falsely to affidavit required by act
of Congress or authorized regulation of Land Department.
Id.
Exclusiveness of statutory penalty or remedy. See Wilder
Mfg. Co. v. Corn Products Co...
Congress has power to prohibit importations in foreign com-
merce and to punish knowingly concealing or moving mer-
chandise unlawfully imported. Brolan v. United States..... 216
Contention that § 2 of act of 1909, regulating importation of
opium, is unconstitutional as beyond power of Congress,
held frivolous. Id.
Measure of damages to shipper is pecuniary loss inflicted
upon him as result of giving rebates to other; and such loss
must be proved, as to which findings raise presumption.
Meeker & Co. v. Lehigh Valley R. R..
Effect of, in condemnation proceedings. See District of
Columbia v. Lynchburg Invest. Corp. . . .
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