8. W. 286, holding insurance company subrogated to rights of owner; American, etc., Ins. Co. v. Chicago, etc., Ry., 74 Mo. App. 106, sub-lessee, receiving benefits of parol lease, is estopped to deny its validity; Hartford Ins. Co. v. Chicago, etc., Ry., 175 U. S. 96, 20 S. Ct. 35, and Wachusett Nat. Bank v. Sioux City Stove Works, 63 Fed. 370, arguendo.

117 U. S. 327-336, 29 L. 901, GLASGOW v. LIPSE.

Payment in Confederate money, to Virginia executor, in 1862, in good faith, was valid, p. 334.

Approved in Washington v. Ople, 145 U. S. 221, 36 L. 684, 12 S. Ot. 824, upholding payment of mortgage bonds, made in Confederate notes, and acquiesced in by heirs; Hendry v. Benlisa, 37 Fla. 622, 20 So. 802, 34 L. R. A. 285, regarding payment during Civil War in Confederate money as full settlement.

Distinguished in Ople v. Castleman, 32 Fed. 514, 515, holding acceptance of payment in Confederate money, and investing same in Confederate bonds, was illegal.

Executors or administrators could not invest in Confederate securities, p. 334.

Cited in 12 Am. St. Rep. 315, note.

117 U. S. 336-340, 29 L. 904, NEW PROVIDENCE v. HALSEY. Courts.- Circuit Court has no jurisdiction of sult on bonds, assigned to give Federal jurisdiction, p. 338.

Reaffirmed in Bernards Twp. v. Morrison, 133 U. S. 527, 33 L 729, 10 S. Ct. 335.

Courts.- Transferée of negotiable bonds may sue in Federal court, though transferrer could not, p. 338.

Reaffirmed in Cross v. Allen, 141 U. S. 533, 35 L. 847, 12 S. Ct. 69. Cited in 51 Am. St. Rep. 857, note.

Municipal corporations.- Bond purchaser is entitled to rely on commissioners' decision as to amount issued, p. 338.

Approved in Fulton v. Riverton, 42 Minn. 397, 44 N. W. 258, holding recital by officers conclusive upon municipality.

Costs. To stop costs, offer to allow judgment should be in open court, after notice, p. 339.

117 U. S. 340-345, 29 L. 907, RAND v. WALKER.

Parties. In suit for assignment of dower, in lots jointly held, though legal title in one, both are necessary, p. 344.

Approved in Weller v. J. B. Pace Tobacco Co., 32 Fed. 862, holding cause being inseparable, not removable; Watkins v. Bryant, 91

Cal. 504, 27 Pac. 777, holding decree annulling deed of trust, not void as to creditors not made parties.

Distinguished in Thompson v. Dixon, 28 Fed. 6, remanding cause. Removal of separable controversy is confined to parties "actually interested in such controversy," p. 345.

Approved in Merchants, etc., Press Co. v. North America Ins. Co., 151 U. S. 387, 38 L. 205, 14 S. Ct. 373, holding there was no right of removal on part of plaintiffs.

Courts. Bill alleging Federal judgment ineffective as to one not party, raises no Federal question, p. 345.

117 U. S. 346–347, 29 L. 912, DUNPHY v. SULLIVAN.

Adverse possession for three years gave title in Montana, before 1877, p. 346.

Not cited.

117 U. S. 347-348, 29 L. 912, CORE v. VINAL.

Removable case, because of separable controversy, cannot arise on general issue, pleaded by defendants in tort action, p. 348.

Reaffirmed in Little v. Giles, 118 U. S. 601, 30 L. 271, 7 S. Ct. 35. Approved in Brooks v. Clark, 119 U. S. 511, 30 L. 485, 7 S. Ct. 303, holding that controversy was not a separable one; Weller v. J. B. Pace Tobacco Co., 32 Fed. 862, arguendo.

117 U. S. 348-355, 29 L. 909, MACKIN v. UNITED STATES.

Indictment.- Crime punishable in penitentiary is infamous, requiring presentment by grand jury, p. 354.

Reaffirmed in United States v. De Walt, 128 U. S. 393, 32 L. 486, 9 S. Ct. 111, In re Claasen, 140 U. S. 204, 35 L. 411, 11 S. Ct. 737, United States v. Johannesen, 35 Fed. 412, Ex parte M'Clusky, 40 Fed. 72, 73, 74, and United States v. Smith, 40 Fed. 757, 758, 759, 760. Approved in Ex parte Bain, 121 U. S. 13, 30 L. 853, 7 S. Ct. 787, holding falsifying of reports by bank cashier, an infamous crime; Parkinson v. United States, 121 U. S. 282, 30 L. 960, 7 S. Ct. 896, holding offenders against §§ 5511 and 5512, R. S., must be prose cuted by indictment; Medley, Petitioner, 134 U. S. 169, 33 L. 839, 10 S. Ct. 387, holding statute adding to punishment of death, solitary confinement until execution, is ex post facto; In re Mills, 135 U. S. 267, 34 L. 109, 10 S. Ct. 763, holding "punishable by imprisonment at hard labor," in act of 1889, embraces offenses which may, in the discretion of court, be punishable by imprisonment in a penitentiary; In re Bonner, 151 U. S. 257, 38 L. 152, 14 S. Ct. 326, after person is convicted and sentenced in Federal court, judge cannot adjudge that imprisonment be in State penitentiary; Bannon v. United States, 156 U. S. 466, 467, 39 L. 495, 496, 15 S. Ct. 468, 469,

holding conspiracy to commit an offense against United States is not a felony; Wong Wing v. United States, 163 U. S. 234, 41 L. 142, 16 S. Ct. 979, act subjecting aliens coming to this country in spite of exclusion act to infamous punishment, must provide for a judicial trial; United States v. Harmon, 34 Fed. 873, holding bad, indictment for mailing of obscene matter; Ex parte Brown, 40 Fed. 83, an assault with an intent to kill is an infamous offense; United States v. Cobb, 43 Fed. 571, 573, one sentenced for less than a year, cannot be imprisoned in State prison; United States v. Sutton, 47 Fed. 130, declaring adultery to be an infamous crime; Ex parte Van Vranken, 47 Fed. 889, holding punishment "at hard labor" could only be inflicted by naval court-martial in cases punishable with death; United States v. Wong Dep Ken, 57 Fed. 211, holding imprisonment at hard labor renders crime "infamous; " United States v. Cadwallader, 59 Fed. 679, holding that statute defines three separate crimes; Bright v. Patton, 5 Mack. 534, 60 Am. Rep. 399, 400, officer may not arrest without warrant for misdemeanor after offense; Stokes v. United States, 60 Fed. 598, 23 U. S. App. 289, holding conviction for using mails to defraud, reviewable in Supreme Court; Gardes v. United States, 87 Fed. 185, holding, where statute provides imprisonment, 'at hard labor" should not be added to sentence; Crum v. State, 148 Ind. 409, 47 N. E. 836, declaring larceny to be an infamous crime; Butler v. Wentworth, 84 Me. 32, 24 Atl. 458, 17 L. R. A. 766, and n., rendering imperative, a sentence of imprisonment, makes crime infamous; In re Kirby, 84 Fed. 607, disbarring attorney for offense for which Congress has provided infamous punishment, though not a felony; Harris v. Terry, 98 N. C. 134, 3 S. E. 746, charging postmaster with breaking mail is actionable as slander; dissenting opinion in Rosen v. United States, 161 U. S. 45, 40 L. 611, 16 S. Ct. 481, majority upholding indictment for mailing obscene matter; United States v. Van Leuven, 62 Fed. 68, arguendo.

117 U. S. 355-363, 29 L. 920, UNION PAC. RY. v. UNITED STATES. Post-office.- Court of Claims finding as to amount due Union Pacific railway for mails, held sufficient, p. 360.

Railroads.- Omaha bridge is part of Union Pacific railway, for purpose of computing government transportation rates, p. 362.

Approved in Union Pac. Ry. v. Chicago, etc., Ry., 51 Fed. 323, 10 U. S. App. 98, upholding contract to let another company into the joint use of a bridge.

Railroad service in carrying local passenger, is not same 88 through passenger between same points, p. 363.

Reaffirmed in Texas Pac. Ry. v. Interstate Commerce Commission, 162 U. S. 231, 40 L. 951, 16 S. Ct. 680, and Kentucky, etc., Bridge Co. v. Louisville, etc., R. Co., 37 Fed. 632, 2 L. R. A. 326.

Cal. 504, 27 Pac. 777, holding decree annulling deed of trust, not void as to creditors not made parties.

Distinguished in Thompson v. Dixon, 28 Fed. 6, remanding cause. Removal of separable controversy is confined to parties "actually interested in such controversy," p. 345.

Approved in Merchants, etc., Press Co. v. North America Ins. Co., 151 U. S. 387, 38 L. 205, 14 S. Ct. 373, holding there was no right of removal on part of plaintiffs.

Courts.- Bill alleging Federal judgment ineffective as to one not party, raises no Federal question, p. 345.

117 U. S. 346–347, 29 L. 912, DUNPHY v. SULLIVAN.

Adverse possession for three years gave title in Montana, before 1877, p. 346.

Not cited.

117 U. S. 347-348, 29 L. 912, CORE V. VINAL.

Removable case, because of separable controversy, cannot arise on general issue, pleaded by defendants in tort action, p. 348.

Reaffirmed in Little v. Giles, 118 U. S. 601, 30 L. 271, 7 S. Ct. 35. Approved in Brooks v. Clark, 119 U. S. 511, 30 L. 485, 7 S. Ct. 303, holding that controversy was not a separable one; Weller v. J. B. Pace Tobacco Co., 32 Fed. 862, arguendo.

117 U. S. 348-355, 29 L. 909, MACKIN v. UNITED STATES. Indictment.- Crime punishable in penitentiary is infamous, requiring presentment by grand jury, p. 354.

Reaffirmed in United States v. De Walt, 128 U. S. 393, 32 L. 486, 9 S. Ct. 111, In re Claasen, 140 U. S. 204, 35 L. 411, 11 S. Ct. 737, United States v. Johannesen, 35 Fed. 412, Ex parte M'Clusky, 40 Fed. 72, 73, 74, and United States v. Smith, 40 Fed. 757, 758, 759, 760. Approved in Ex parte Bain, 121 U. S. 13, 30 L. 853, 7 S. Ct. 787, holding falsifying of reports by bank cashier, an infamous crime; Parkinson v. United States, 121 U. S. 282, 30 L. 960, 7 S. Ct. 896, holding offenders against §§ 5511 and 5512, R. S., must be prosecuted by indictment; Medley, Petitioner, 134 U. S. 169, 33 L. 839, 10 S. Ct. 387, holding statute adding to punishment of death, solitary confinement until execution, is ex post facto; In re Mills, 135 U. S. 267, 34 L. 109, 10 S. Ct. 763, holding “punishable by imprisonment at hard labor," in act of 1889, embraces offenses which may, in the discretion of court, be punishable by imprisonment in a penitentiary; In re Bonner, 151 U. S. 257, 38 L. 152, 14 S. Ct. 326, after person is convicted and sentenced in Federal court, judge cannot adjudge that imprisonment be in State penitentiary; Bannon v. United States, 156 U. S. 466, 467, 39 L. 495, 496, 15 S. Ct. 468, 469,

holding conspiracy to commit an offense against United States is not a felony; Wong Wing v. United States, 163 U. S. 234, 41 L. 142, 16 S. Ct. 979, act subjecting aliens coming to this country in spite of exclusion act to infamous punishment, must provide for a judicial trial; United States v. Harmon, 34 Fed. 873, holding bad, indictment for mailing of obscene matter; Ex parte Brown, 40 Fed. 83, an assault with an intent to kill is an infamous offense; United States v. Cobb, 43 Fed. 571, 573, one sentenced for less than a year, cannot be imprisoned in State prison; United States v. Sutton, 47 Fed. 130, declaring adultery to be an infamous crime; Ex parte Van Vranken, 47 Fed. 889, holding punishment "at hard labor" could only be inflicted by naval court-martial in cases punishable with death; United States v. Wong Dep Ken, 57 Fed. 211, holding imprisonment at hard labor renders crime "infamous; " United States V. Cadwallader, 59 Fed. 679, holding that statute defines three separate crimes; Bright v. Patton, 5 Mack. 534, 60 Am. Rep. 399, 400, officer may not arrest without warrant for misdemeanor after offense; Stokes v. United States, 60 Fed. 598, 23 U. S. App. 289, holding conviction for using mails to defraud, reviewable in Supreme Court; Gardes v. United States, 87 Fed. 185, holding, where statute provides imprisonment, "at hard labor" should not be added to sentence; Crum v. State, 148 Ind. 409, 47 N. E. 836, declaring larceny to be an infamous crime; Butler v. Wentworth, 84 Me. 32, 24 Atl. 458, 17 L. R. A. 766, and n., rendering imperative, a sentence of imprisonment, makes crime infamous; In re Kirby, 84 Fed. 607, disbarring attorney for offense for which Congress has provided infamous punishment, though not a felony; Harris v. Terry, 98 N. C. 134, 3 S. E. 746, charging postmaster with breaking mail is actionable as slander; dissenting opinion in Rosen v. United States, 161 U. S. 45, 40 L. 611, 16 S. Ct. 481, majority upholding indictment for mailing obscene matter; United States v. Van Leuven, 62 Fed. 68, arguendo.

117 U. S. 355-363, 29 L. 920, UNION PAC. RY. v. UNITED STATES. Post-office.- Court of Claims finding as to amount due Union Pacific railway for mails, held sufficient, p. 360.

Railroads. Omaha bridge is part of Union Pacific railway, for purpose of computing government transportation rates, p. 362.

Approved in Union Pac. Ry. v. Chicago, etc., Ry., 51 Fed. 323, 10 U. S. App. 98, upholding contract to let another company into the joint use of a bridge.

Railroad service in carrying local passenger, is not same as through passenger between same points, p. 363.

Reaffirmed in Texas Pac. Ry. v. Interstate Commerce Commission, 162 U. S. 231, 40 L. 951, 16 S. Ct. 680, and Kentucky, etc., Bridge Co. v. Louisville, etc., R. Co., 37 Fed. 632, 2 L. R. A. 326.