VOLUME 163 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1895 J. C. BANCROFT DAVIS REPORTER NEW YORK AND ALBANY BANKS & BROTHERS, LAW PUBLISHERS 1896 JUSTICES OF THE SUPREME COURT DURING THE TIME OF THESE REPORTS. MELVILLE WESTON FULLER, CHIEF JUSTICE. STEPHEN JOHNSON FIELD, ASSOCIATE JUSTICE. JOHN MARSHALL HARLAN, ASSOCIATE JUSTICE. HORACE GRAY, ASSOCIATE JUSTICE. DAVID JOSIAH BREWER, ASSOCIATE JUSTICE. HENRY BILLINGS BROWN, ASSOCIATE JUSTICE. GEORGE SHIRAS, JR., ASSOCIATE JUSTICE. EDWARD DOUGLASS WHITE, ASSOCIATE JUSTICE. RUFUS W. PECKHAM, ASSOCIATE JUSTICE. JUDSON HARMON, ATTORNEY GENERAL. JOHN MONTGOMERY WRIGHT, MARSHAL. iii Bank of Commerce v. Tennessee, for the use of Mem- Chicago, Milwaukee and St. Paul Railway Company, Union Pacific Railway Company v. (No. 2) Chicago, Portage and Superior Railway Company and Chicago, St. Paul, Minneapolis and Omaha Railway Company, Farmers' Loan and Trust Company v. Chicago, Rock Island and Pacific Railway Company, Union Pacific Railway Company v. V |