LONG AND SHORT HAUL.
See INTERSTATE COMMERCE, 33, 34, 35;
INTERSTATE COMMERCE COMMISSION, 9.
See INTERSTATE COMMERCE, 22, 23, 24;
INTERSTATE COMMERCE COMMISSION, 4.
1. Functions of writ directed to judicial officer.
The writ of mandamus lies to compel the exercise by a judicial officer of
existing jurisdiction but not to control his decision. Ex parte Roe,
70.
2. Availability of writ in case of refusal of judicial officer to remand cause.
Mandamus may not be used to correct alleged error in a refusal to re-
mand, especially where the order may be reviewed after final judg-
ment on writ of error or appeal. (Ex parte Harding, 219 U. S. 363.)
Ib.
3. Right of importer to review action of Secretary of Treasury in determin-
ing rate of duty on import.
Even an importer may not invoke the aid of the courts to clog the
wheels of government by attempting to review by mandamus the
action of the Secretary of the Treasury in determining the rate of
duty to be collected on imported articles. Louisiana v. McAdoo,
627.
4. Nature of action of Secretary of Treasury in determining rate of duty
on import.
Determining the rate of duty to be collected under the existing statutes
and treaties on foreign sugar is not a mere ministerial act on the
part of the Secretary of the Treasury, but one involving judgment
and discretion. Ib.
5. Public officers; acts compellable by.
While a public officer may by law, and at the instance of one having
a particular legal interest, be required to perform a mere minis-
terial act not requiring the exercise of judgment or discretion, he
may not be so required in respect to matters committed to him by
law and requiring the exercise of judgment and discretion. Ib.
6. Availability of writ to compel action by Secretary of Treasury in respect
of collection of duty on import.
Application for leave to file a petition for writ of mandamus against
the Secretary of the Treasury to compel him to collect a different
amount of duty on sugar imported from Cuba under the provisions
of the existing statute and the treaty of 1902 with Cuba, denied,
without expressing any opinion on the merits of the questions in-
volved. Ib.
See CONSTITUTIONAL LAW, 34;
UNITED STATES, 3.
Direction in cases coming from Commerce Court.
Judgments of the Commerce Court reviewed by this court are remanded
to the District Court of the United States for the district where the
case would have been brought had the Commerce Court not been
established pursuant to the act of October 22, 1913, c. 32, 38 Stat.
208, 221. Los Angeles Switching Case, 294.
Navigability; determination of; effect of Ordinance for Government of
Northwest Territory and subsequent acts of Congress.
The provisions in the Ordinance for Government of the Northwest
Territory and subsequent acts of Congress to the effect that navi-
gable waters leading into the Mississippi and St. Lawrence rivers
shall be common highways and forever free to the inhabitants of
that Territory and of the United States do not determine naviga-
bility of any of the streams but only define rights dependent upon
the existence of navigability. Illinois v. Economy Power Co., 497.
See ADMIRALTY, 2, 3;
JURISDICTION, A 12, 13.
NEGLIGENCE.
See ADMIRALTY, 2.
NEGOTIABLE INSTRUMENTS.
See BILLS AND NOTES;
LOCAL LAW (N. Mex.).
NEW PROMISE.
See BILLS AND NOTES, 2.
OIL TRANSPORTATION.
See INTERSTATE COMMERCE.
ONUS PROBANDI.
See EVIDENCE;
PUBLIC LANDS, 20.
See PUBLIC LANDS, 21;
UNITED STATES, 2.
See INTERSTATE COMMERCE, 20, 21, 40.
PATENTS FOR LAND.
See PUBLIC LANDS.
Effect of payment by life insurance company to one of two claimants.
A payment made by a life insurance company to one of two claimants
on receiving a bond of indemnity, held, under the circumstances of
this case, not to have been the payment of a stakeholder seeking to
discharge his duty but of a person espousing the cause of one claim-
ant against the other and thereby subjecting himself to the legal
consequences arising from his action. Manhattan Life Ins. Co. v.
Cohen, 123.
See CONSTITUTIONAL LAW, 31.
PENAL STATUTES.
See CONSTITUTIONAL LAW, 20, 21, 28, 29.
VOL. CCXXXIV-53
PENALTIES AND FORFEITURES.
See CONTRACTS, 10.
PERSONAL PROPERTY.
See LOCAL LAW (Ohio).
1. Jurisdiction of Supreme Court on appeal in criminal case.
The appellate jurisdiction of the Supreme Court of the Philippine
Islands is not confined to errors of law but extends to a review of the
whole case. It has power to reverse the judgment of the Court of
First Instance in a criminal case and find the accused guilty of a
higher crime and increase the sentence. (Trono v. United States,
199 U. S. 521.) Ocampo v. United States, 91.
2. Equal protection of the law; territorial uniformity of guaranty.
The guaranty of equal protection of the law in the Philippine Bill of
Rights does not require territorial uniformity. It is not violated if
all persons within the territorial limits of their respective jurisdic-
tions are treated equally. Ib.
3. Arrest; finding of probable cause; sufficiency of.
A finding of probable cause for arrest by a prosecuting attorney is only
quasi-judicial; and a statute, otherwise valid, is not invalidated by
delegating the duty of investigation to a prosecuting attorney. Ib.
4. Preliminary examination of accused; right to; law in force.
Section 2 of act No. 612 of the Philippine Commission of February 3,
1903, providing that in cases triable before the Court of First In-
stance in the City of Manila the accused should not be entitled as of
right to a preliminary examination in any case in which the prose-
cuting attorney after due investigation shall have presented an in-
formation against him, necessarily operated to repeal inconsistent
provisions previously in force in the City of Manila. Ib.
5. Presentment or indictment by grand jury; right of accused to.
The Philippine Bill of Rights, as contained in § 5 of the act of July 1,
1902, contains no specific requirement, such as is contained in the
Fifth Amendment, of a presentment or indictment by grand jury,
nor is such a requirement included within the guaranty of due
process of law. Ib.
6. Warrants; prerequisite to issuance; conflict of laws.
Section 2 of Act No. 612 is not in conflict with that paragraph of § 5
of the act of July 1, 1902, which provides that no warrant shall issue
but upon probable cause supported by oath or affirmation; a pre-
liminary investigation by the prosecuting attorney upon which he
files a sworn information is a compliance with such provision. Ib.
7. Libel; responsibility for.
On the evidence in this case the trial court properly held that the de-
fendant was, under the law of the Philippine Islands, the re-
sponsible proprietor of the newspaper which published the libel
on which the prosecution was based. Ib.
See CONSTITUTIONAL LAW, 19, 39;
INTERSTATE COMMERCE, 2, 17, 18, 19.
PLANT FACILITIES.
See COMMON CARRIERS, 1;
INTERSTATE COMMERCE COMMISSION, 10, 11.
See CONSTITUTIONAL LAW, 9; JURISDICTION, A 1, 2, 11; C 4;
PRACTICE AND PROCEDURE, 7;
1. Chattel mortgage differentiated; effect on former of state statute requiring
delivery of chattel or recording of instrument.
There is a well-recognized distinction between a chattel mortgage and
a pledge; and a state statute requiring the delivery of the chattel or
recording of the instrument does not necessarily apply to a pledge
of personal property so situated that it is not within the power of
the owner to deliver it to the pledgee. Dale v. Pattison, 399.
2. Delivery; when delivery of warehouse receipt equivalent.
Where property is from its character or situation not capable of actual
delivery, the delivery of a warehouse receipt or other evidence of
title is sufficient to transfer the property and right of possession.
(Gibson v. Stevens, 8 How. 384.) Ib.
3. Delivery; sufficiency of delivery of warehouse receipt; case followed.
The law of Ohio not being dissimilar from that of Pennsylvania in
recognizing the validity of transfers by delivering warehouse re-
ceipts representing property under conditions similar to those in-
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