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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.

ECCLESIASTICAL BODIES.
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 greement 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.

See COURTS, 6.

EMINENT DOMAIN.

.
See CONSTITUTIONAL Law, 23, 39.
VOL. CCXXXIV-51

EMPLOYER AND EMPLOYE.
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 84
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.

EQUITY
See PUBLIC LANDS, 21.

ESTOPPEL
See BILLS AND NOTES, 3;

INTERSTATE COMMENCE COMMISSION, 1;
PUBLIC LANDS, 10.

EVIDENCE.
Benefit of testimony; who entitled.
A party is entitled to the benefit of all thử testimony in the case from

whatever source it comes; nd, 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; CUSTON AND USAGE;
CONSPIRACY, 2;

INTERSTATE COMMERCE, 41;
CORPORATIONS, 11; PUBLIC LANDS, 19, 20.

EXECUTION.
See BANKRUPTCY, 1, 2;

INDIANS, 3.

EXECUTIVE DEPARTMENTS.

See Courts, 1.

EXEMPTION FROM LIABILITY.

See INTERSTATE COMMERCE, 21.

FACTS.
See CLAIMS AGAINST UNITED STATES;

INTERSTATE COMMERCE COMMIS-
SION, 2, 12, 13, 14;

STATES, 1.

JURISDICTION, A 12;
PRACTICE AND PROCEDURE,

3-6;

FEDERAL QUESTION.
1. Claim of impairment of Federal right; when precluded by decision of

state court.
The criticism that a police statute requires a carrier to comply with

conditions beyond its control and, therefore, deprives it of its prop-
erty without due process of law, is not open in this court if the
state court has construed the statute as not so requiring the carrier.
Atlantic Coast Line v. Georgia, 280.

2. Not involved in obstruction of non-navigable stream wholly within State.
There is no Federal right involved in the obstruction, or use by private

owners, of a non-navigable stream wholly within a State. Illinois
v. Economy Power Co., 497.

3. Deprivation of Federal right; effect of refusal of state court to allow filing

of amended pleading.
In this case held, that defendant had not been deprived of Federal rights

because the state court had refused to allow him to file an amended
pleading and relitigate a question already decided by setting up
alleged violations of Federal rights. Louisville & Nashville R. R.
Co. v. Higdon, 592.

See CONSTITUTIONAL LAW, 9;

JURISDICTION;
PRACTICE AND PROCEDURE, 10, 11.

FEES.
See BANKRUPTCY, 4;

CONSTITUTIONAL LAW, 8, 11, 18, 34;

COURTS, 4, 5;
INTERSTATE COMMERCE, 25.

FERRIES.
1. Right to maintain under common law.
At common law the right to maintain a public ferry lies in franchise.

Port Richmond Ferry v. Hudson County, 317.

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2. Right to maintain, in England and in this country.
In England such a ferry could not be set up without the King's license,

and, in this country, the right bas been made the subject of legis-
lative grant. Ib.

3. Transportation by; unrelated character of; regulation of.
Questions in respect to ferries such as the one involved in this case,

generally imply transportation for a short distance, generally be-
tween two specified points, unrelated to other transportation, thus
presenting situations essentially local and requiring regulation ac-
cording to local conditions. Ib.

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4. Regulation by State; limitations upon power.
A State being able to exercise the power to regulate ferries, it follows

that it may not derogate from the similar authority of another
State; its regulating power therefore extends only to transactions
within its own territory and to ferriage from its own shores. Ib.

5. Regulation of rates on boundary ferry; power of respective States.
Rates of ferriage fixed by one State from its own shore on a boundary

ferry do not preclude the other State from fixing other rates if rea-
sonable with respect to the ferry maintained on its side. Ib.

6. Regulation of rates on boundary ferry; power of State as to round trip

tickets.
Although the state court has not construed an ordinance fixing rates

of ferry on a boundary ferry as requiring the issuing of round trip
tickets, and this court does not so construe it, the ordinance may
be valid as limiting the amount which may be charged if such trip
tickets are issued; and so held in this case. Quære as to whether
a State may require round trip tickets to be issued on a boundary
ferry. Ib.

See CONSTITUTIONAL Law, 1;

INTERSTATE COMMERCE, 1, 13, 14;
TREATIES.

FIFTH AMENDMENT.
See CONSTITUTIONAL LAW, 23, 39.

FINDINGS OF FACT.
See Claims AGAINST UNITED STATES;

PRACTICE AND PROCEDURE, 3-6;
STATES, 1.

FLOATS.
See PUBLIC LANDS, 3, 5, 7, 15.

FOREIGN COMMERCE.
See CONSTITUTIONAL LAW, 1.

FOREIGN CORPORATIONS.

See STATES, 4.

FOURTEENTH AMENDMENT.

See CONSTITUTIONAL LAW.

FRAUD.
See BILLS AND NOTES, 1, 2, 3;

LOCAL LAW (N. Mex.);
PUBLIC LANDS, 1, 4, 21.

FULL FAITH AND CREDIT.
See CONSTITUTIONAL Law, 36, 37, 38.

GOVERNMENTAL FUNCTIONS.
1. Legislative and judicial functions in respect of legislation.
The responsibility for the justice and wisdom of legislation rests with

Congress and it is the province of the courts to enforce, not to
make, the laws. United States v. First National Bank, 245

2. Legislative and not judicial; application of police statute.
It is for the legislature to determine to what classes a police statute

shall apply; and unless there is a clear case of discrimination the

courts will not interfere. Keokee Coke Co. v. Taylor, 224.
See APPEAL AND ERROR, 1; INDIANS, 10;

CONGRESS, POWERS OF; INTERSTATE COMMERCE COMMISSION, 5;
COURTS;

MANDAMUS, 3.

GOVERNMENTAL POWERS.
1. Legislative; questions of policy within.
Questions of policy are for the legislature and not for this court to

determine. International Harvester Co. v. Missouri, 199.

2. State and Federal; effect on power of former of investigation of subject

by latter.
The intent of Congress to supersede the exercise of the police power of

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