Discretion of legislature; effect of difference of opinion as to excellence of
necessary safety device.
The existence of difference of opinion as to which is the best form of
necessary safety device does not preclude the exercise of legislative
discretion; and so far as the question is simply one of expediency
the legislature is competent to decide it. Atlantic Coast Line v.
Georgia, 280.
See CONGRESS, POWERS OF;
GOVERNMENTAL FUNCTIONS;
GOVERNMENTAL POWERS.
LEVY OF EXECUTION.
See BANKRUPTCY, 1, 2;
INDIANS, 3.
See PHILIPPINE ISLANDS, 7.
See INTERSTATE COMMERCE, 11, 12, 13;
LIMITATION OF ACTIONS.
See CORPORATIONS, 10.
LIQUIDATED DAMAGES.
See CONTRACTS, 10-13.
LIQUORS.
See INDIANS, 6–11.
District of Columbia. Materialmen's Act of 1899 (see Contracts, 6, 7,
8). Equitable Surety Co. v. McMillan, 448.
Georgia. Locomotive Headlight Law (see Constitutional Law, 12).
Atlantic Coast Line v. Georgia, 280.
Kansas. Allowance of attorney's fees in mandamus proceedings (see
Constitutional Law, 34). Missouri Pacific Ry. Co. v. Larabee, 459.
Kentucky. Anti-trust act of 1890 (see Constitutional Law, 21). Col-
lins v. Kentucky, 634; Malone v. Kentucky, 639.
Anti-trust laws of 1900 and 1906 (see Constitutional Law, 29).
International Harvester Co. v. Kentucky, 216.
Pooling crops; c. 117, Laws of 1906, as amended by c. 8 of Laws of
1908 (see Constitutional Law, 21). Collins v. Kentucky, 634;
Malone v. Kentucky, 639.
Minnesota. Liability of stockholders (see Constitutional Law, 22).
Selig v. Hamilton, 652 (see Corporations, 4, 5, 7, 8, 9). Ib.
Mississippi. Suits to dispel cloud on title; right to maintain under § 975,
Rev. Code of 1871. As construed by the highest court of Missis-
sippi, § 975, Rev. Code of 1871 of that State entitles the rightful
owner of real property in that State to maintain a suit to dispel a
cloud cast upon the title thereto by an invalid deed, even though,
under applicable principles of equity, it be void on its face. Louis-
ville & Nashville R. R. Co. v. Western Union Tel. Co., 369.
Eminent Domain; attack on judgment of special court of (see
Jurisdiction, C 2). Louisville & Nashville R. R. Co. v. Western
Union Tel. Co., 369.
Missouri. Anti-trust laws of 1899 and 1909 (see Constitutional Law,
26). International Harvester Co. v. Missouri, 199.
Loans on policies of life insurance (see States, 5). New York Life
Ins. Co. v. Head, 149.
New Mexico. Negotiable Instrument Act of 1907; effect of fraud in pro-
curement of signature. Under the construction of the Negotiable
Instrument Act of 1907 of New Mexico accepted by the courts of
that State, the title of a person negotiating commercial paper is
defective if any signature thereto has been obtained by fraud, and
if any one person is relieved from liability by proof of fraudulent
inducement, all other persons who signed the paper are likewise
relieved although they did not participate in and were ignorant of
such fraud. Schmidt v. Bank of Commerce, 64.
New York. Limitation of actions; Code Civ. Proc., §§ 382, 394 (see
Corporations, 10). Selig v. Hamilton, 652.
Ohio. Delivery of personal property; effect of delivery of warehouse re-
ceipts. Notwithstanding §§ 8560 and 8619, General Code of Ohio,
the law of that State recognizes the force of long continued com-
mercial usage and the effectiveness of a symbolical delivery of per-
sonal property by the transfer of warehouse receipts representing
the same. Dale v. Pattison, 399.
Philippine Islands. Criminal law; preliminary examination of ac-
cused (see Philippine Islands, 4, 6). Ocampo v. United States, 91.
South Carolina. Telegraph companies (see Constitutional Law, 6).
Western Union Tel. Co. v. Brown, 542.
Tennessee. Descent from colored freedmen. While a colored freedman
in Tennessee could dispose of property acquired during freedom
by deed or will and it descended to his issue, if any, if he died in-
testate, if no issue survived, it passed under the terms of the act
of 1865 to his widow, if she survived, and not to his collateral
relatives. Jones v. Jones, 615.
See CONSTITUTIONAL LAW, 35.
Texas. Allowance of attorney's fee as costs in contested cases (see
Constitutional Law, 8, 11, 18). Missouri, K. & T. Ry. Co. v.
Harris, 412.
Virginia. Laws of 1888, c. 391, § 3, relative to method of payment of
labor (see Constitutional Law, 31). Keokee Coke Co. v. Taylor, 224.
Generally. See BANKRUPTCY, 7;
DESCENT AND DISTRIBUTION,
INTERSTATE COMMERCE, 5, 6, 7.
LOCOMOTIVE HEADLIGHTS.
See CONSTITUTIONAL LAW, 12;
SAFETY APPLIANCE ACT, 2
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,
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.
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