cannot arise from mere assertion of formal right which is
void of merit and frivolous. Seaboard Air Line v. Pad-
gett....
In reviewing under § 237, Jud. Code, case arising under Em-
ployers' Act, court may not consider non-Federal questions
not essential to recovery thereunder. Id.
Where highest state court reversed holding that Federal
Employers' Liability Act applied to case, this court has ju-
risdiction to review under § 237, Judicial Code. Toledo, St.
L. & W. R. R. v. Slavin ....
Where highest state court, in overruling demurrer, affirmed
that Federal Constitution guaranteed freedom of speech,
but held statute on which indictment based valid in that re-
spect and not bad for uncertainty, citing cases decided by
this court as authority, jurisdiction to review exists under
§ 237, Judicial Code. Fox v. Washington.
Jurisdiction not existent under § 237, Judicial Code, to re-
view judgment of state court sustaining demurrer to com-
plaint grounded on statutory limitations, unless Federal
questions, basis for such jurisdiction, presented or suggested
to court below. Olympia Mining Co. v. Kerns.....
The construction of an Indian tribal law by the Supreme
Court of Oklahoma, is reviewable here. Reynolds v. Fewell 58
See Appeal and Error; Intervention; Practice.
III. Of Circuit Court of Appeals. See supra, II, 1.
IV. Of District Courts.
Where petition alleges damages in excess of $2,000, but
prayer for recovery is for less, jurisdictional amount lacking
and filing of petition and bond not effective to remove. Iowa
Central Ry. v. Bacon. ...
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....
Court without power to appoint commission to levy tax for
payment of county bonds on failure to act of officers ap-
pointed for that purpose under state statute. Yost v. Dallas
County....
Of suit on county bonds where diversity of citizenship exists.
Id.
V. Of Interstate Commerce Commission. See Inter-
state Commerce Commission.
JURISDICTION-Continued.
VI. Of state courts.
Where suit removable state court loses jurisdiction on filing
of petition and bond; but if on face of record and petition
case appears non-removable, state court may proceed as if
no application for removal. Iowa Central Ry. v. Bacon.... 305
Under act of May 27, 1908, 35 Stat. 312, probate courts of
Oklahoma have jurisdiction over disposition of property of
Indian minors, subject to rules and regulations of Secretary
of Interior. Truskett v. Closser...
Quare as to jurisdiction of suit on transitory cause of action
against foreign corporation arising in another State based
on service of process on agent voluntarily appointed by cor-
poration. Simon v. Southern Ry. Co. .....
See Indians; Removal of Causes.
Abridgment of right to. See Meeker & Co. v. Lehigh Valley
R. R..
Kansas moving picture censorship act of 1913 is valid exer-
cise of police power, does not interfere with interstate com-
merce, abridge liberty of opinion, or delegate legislative
power. Mutual Film Corp. v. Kansas. .
248
Kansas statute of 1909, making it unlawful for employers to
coerce, etc., employés not to join or remain members of labor
organizations, as applied to this case, held repugnant to due
process clause of Fourteenth Amendment. Coppage v.
Kansas....
Anti-trust statutes, §§ 3915, 3941, invalid under due process
provision of Fourteenth Amendment, because offering no
standard of conduct possible to know. American Seeding
Mach. Co. v. Kentucky..
LABOR. See Constitutional Law; Hours of Labor; Labor
Unions.
An individual has no inherent right to join a labor union and
remain in employ of one unwilling to employ a union man.
Coppage v. Kansas...
Employers and employés and labor organizations bound by
one rule of liberty. Id.
LACHES:
Delay of Government in pressing claim against contractor
for partial payments received, not waiver of interest. United
States v. United States Fidelity Co...
LAND DEPARTMENT. See Criminal Law; Public Lands.
LAW AND FACT:
Decision of state court as to application of police statute to
state of facts not involved in record here, not anticipated.
Mutual Film Corp. v. Ohio Industrial Comm....
Local statutes the measure of rights of one suing in Federal
court on contract obligation of county. Yost v. Dallas
County....
Extent of obligation of county bonds issued under legislative
authority determined by state statutes and not by Federal
Constitution. Id.
Qualification in § 6, act of 1908, removing restrictions upon
alienation of allotments to members of Five Civilized Tribes,
means Federal, not state, law. Truskett v. Closser.
See Appeal and Error; Conflict of Laws.
What within § 250, cl. 6, Judicial Code. See Washington,
A. & Mt. V. Ry. v. Downey
LEGISLATIVE POWER. See Congress; Delegation of
Power; States.
Lessee of railroads built under special charters containing
irrepealable contracts against taxation at higher than speci-
fied per cent. on income, not subject to ad valorem tax as
owner of the property. Wright v. Central of Georgia Ry.... 674
Wright v. Louisville & Nashville R. R.......
Exemption of lessor railroad from taxation on its leased road
held applicable to betterments made by lessee and to sub-
stituted rolling stock. Wright v. Louisville & Nashville R. R. 687
That owners of railroad, exempt by statute from other than
specified tax on income, lease entire road, does not open right
of State to tax lessee on fee of property. Id.
Taxes based on ownership of property cannot be enforced
LESSOR AND LESSEE-Continued.
against lessee of the property under statutes of Georgia and
leases involved. Wright v. Central of Georgia Ry.......... 674
Title under lease made by guardian of Indian minor pur-
suant to provisions of act of May 27, 1908, held superior to
that under lease made by minor after removal of disabilities
by state court under state law. Truskett v. Closser....... 223
LIBERTY AND PROPERTY:
Liberty and property are co-existent rights recognized by
Fourteenth Amendment and are without state interference.
Coppage v. Kansas....
State may not indirectly strike down rights of liberty or
property by invoking police power to remove inequalities
resultant from such rights. Id.
Fourteenth Amendment inhibits state restriction of liberty
or property rights as public welfare. Id.
An individual has no inherent right to join a labor union and
remain in employ of one unwilling to employ a union man.
Id.
Employers and employés and labor organizations bound by
one rule of liberty. Id.
Condition precedent to employment that employé agree to
refrain from affiliation with labor union not an infringement
of constitutional freedom. Id.
LIBERTY OF CONTRACT. See Constitutional Law.
LIBERTY OF THE PRESS. See Freedom of Speech and
Press.
Vendor's lien held one dissolved by § 67f of Bankruptcy Act.
Lehman v. Gumbel....
Provisions of Bankruptcy Act superior to state laws in re-
gard to. Globe Bank v. Martin . . . . .
LIMITATION OF LIABILITY:
Duty of Interstate Commerce Commission to correct un-
reasonableness in. See Pierce Co. v. Wells, Fargo & Co..... 278
See Common Carriers; Contracts.
Where bills to set aside patents for fraud filed and subpoenas
delivered for service before statute has run, and reasonable
diligence shown in getting service, running of statute is in-
terrupted and rights of United States saved. Linn & Lane
Timber Co. v. United States....
Where secret transfer of wrongfully held land is made
through medium of corporation for purpose of busying
United States with wrong person until statute has run, serv-
ice on such person held to avoid statute. Id.
Purpose of joint resolution postponing effective date of
Commerce Act of 1906 was to cause act to speak and operate
at end of postponed period as if that time of its passage, giv-
ing full year after expiration of extended period for present-
ing accrued claims. Meeker & Co. v. Lehigh Valley R. R.... 412
Effect of § 16 of Act to Regulate Commerce as amended in
1906 was to extend time for invoking action by Commission
on complaints for damages to two years from accrual of
claim, but until one year after passage of act as to all claims
accruing before its passage. Meeker & Co. v. Lehigh Valley
R. R.
In amending § 16, Act to Regulate Commerce, Congress in-
tended to take all claims, other than those already barred,
out of operation of state laws and subject them to uniform
limitations of its own creation. Meeker & Co. v. Lehigh Val-
ley R. R......
Limitations in § 1047, Rev. Stat., do not relate to a liability
accruing under §§ 8, 9, 14, 16 of Act to Regulate Commerce,
but only to suits involving punitive penalties. Id.
See California, District of Columbia, Georgia, Indiana,
Kansas, Kentucky, Louisiana, Massachusetts, Michi-
gan, Missouri, New York, North Dakota, Ohio, Okla-
homa, Porto Rico, Practice and Procedure, Washing-
ton, West Virginia.
Order 295 of Railroad Commission, relative to switching
cars between connecting carriers and conformity to rates
established, held burden upon and attempt to regulate in-
terstate commerce. Illinois Central R. R. v. Louisiana R. R.
Comm...
Article 55, Code of Practice, relative to right of one sued in
possessory action to bring petitory action, is not uncon-
stitutional under Fourteenth Amendment. Grant Timber
Co. v. Gray....
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