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Whether judge making order of removal had jurisdiction cannot be reviewed on habeas corpus.

Approved in Henry v. Henkel, 235 U. S. 227, 230, 59 L. Ed. 205, 206, 35 Sup. Ct. 54, denying habeas corpus to release person committed by district judge in New York for removal to District of Columbia under indictment for refusal to make disclosures in congressional inquiry; Price v. Henkel, 216 U. S. 492, 54 L. Ed. 586, 30 Sup. Ct. 257, decision in removal proceedings in New York that there was probable cause for removal to District of Columbia is not reviewable on habeas corpus, where New York indictments were admitted in evidence tending to show conspiring if any was done in New York; Tinsley v. Treat, 205 U. S. 30, 31, 51 L. Ed. 694, 695, 27 Sup. Ct. 430, releasing on habeas corpus person ordered removed from Virginia to Tennessee for trial for violation of Federal Anti-trust Act of 1890, where evidence to rebut prima facie case of probable cause made by indictment was excluded; United States ex rel. Fong On v. McCarthy, 228 Fed. 399, denying habeas corpus to release Chinese person held for deportation, where appeal lies from decision of commissioner to judge of District Court; Benson v. Palmer, 13 App. D. C. 573, 17 L. R. A. (N. S.) 1247, discharge by writ of habeas corpus does not operate as bar to further proceedings in same case; Farr v. Palmer, 24 App. D. C. 238, holding charges in indictment found in middle district of Tennessee for fraudulent use of mails in selling bogus degrees of law college are sufficient for removal of accused for trial in jurisdiction where indictment was found; Ex parte Show, 4 Okl. Cr. 424, 113 Pac. 1066, holding information charging precinct election inspector of depriving person of his vote was defective for failure to allege that such person had registered as voter subsequently to adoption of constitutional amendment prescribing educational qualification.

Distinguished in Harlan v. McGourin, 218 U. S. 446, 21 Ann. Cas. 849, 54 L. Ed. 1105, 31 Sup. Ct. 44, denying release on habeas corpus of person convicted in Florida of conspiring to return another person to peonage, where proceeding was under valid statute and court did not exercise jurisdiction in excess of its authority; Tillinghast v. Richards, 225 Fed. 234, discharging on habeas corpus persons indicted for conspiracy to defraud government by removing oleomargarine from factory without payment of tax, where overt acts alleged had no connection with conspiracy.

Indictment introduced in removal proceedings makes prima facie case of probable cause.

Approved in Green v. MacDougall, 199 U. S. 601, 50 L. Ed. 328, 26 Sup. Ct. 748, following rule; Price v. Henkel, 216 U. S. 491, 54 L. Ed. 585, 30 Sup. Ct. 257, holding prima facie case for removal made by indictments in District of Columbia is not destroyed by local indictments in district of New York where removal proceedings were held; Benson v. Henkel, 198 U. S. 10, 49 L. Ed. 922, 25 Sup. Ct. 569, in removal proceedings before court commissioner, objection cannot be made to indictment which raises interpretation of statute; Beavers v. Henkel,

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183 U. S. 263-277

194 U. S. 85, 87, 48 L. Ed. 887, 888, 24 Sup. Ct. 605, sufficiency of indictment to show probable cause in removal proceeding cannot be attacked by showing grand jury had insufficient evidence; Haas v. Henkel, 166 Fed. 625, separate indictments found in southern district of New York and in District of Columbia charging same offense are not mutually exclusive, so as to entitle accused to discharge on both; Pereles v. Weil, 157 Fed. 421, indictment charging defendants with conspiracy to defraud government by securing patents to land with money furnished by corporation and conveying land to corporation does not state offense under section 5440, Rev. Stats.; In re Benson 130 Fed. 487, sufficiency of indictment is to be determined in court where it was found; Benson v. Palmer, 31 App. D. C. 566, 567, 17 L. R. A. (N. S.) 1247, where party is arrested in extradition proceedings, indictment found and bench warrant issued in jurisdiction to which it is sought to take him are not process upon which he is arrested, but evidence upon which arrest is made; Eureka County Bank Habeas Corpus Cases, 35 Nev. 119, 126 Pac. 667, discharging on habeas corpus person charged with felony and bound over by committing magistrate, where evidence does not show he was guilty of offense.

Distinguished in dissenting opinion in Benson v. Henkel, 198 U. S. 16, 49 L. Ed. 924, 25 Sup. Ct. 569, majority holding objection to indictment raising interpretation of statute cannot be taken in removal proceeding before court commissioner.

Miscellaneous. Cited in Leary v. United States, 224 U. S. 573, Ann. Cas. 1913D, 1029, 56 L. Ed. 891, 32 Sup. Ct. 599, holding in suit by government to charge defendant with trust in respect to funds obtained by another through fraud, that personal representative of third 'person claiming interest in funds was entitled to intervene; Ex parte Black, 147 Fed. 841, action for conspiring to defraud government out of land must be commenced within three years from filing affidavits to consummate fraud.

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183 U. S. 263–277, 46 L. Ed. 190, 22 Sup. Ct. 102, THE KENSINGTON. As a general rule, the lex loci governs contracts.

Approved in Smith v. Ingram, 130 N. C. 104, 40 S. E. 985, holding deed executed in South Carolina covering lands situated in North Carolina is construed by North Carolina laws and must be acknowledged separately by wife.

Law of place where injury occurs defines rights of parties.

Approved in Grosman v. Union Trust Co., 228 Fed. 612, contract made in Illinois by married woman living in Texas, whereby she became surety for her husband, is contrary to public policy under act of Texas of 1913 and cannot be enforced in Federal court in Texas; Smith v. Atchison etc. Ry. Co., 194 Fed. 81, 114 C. C. A. 57, upholding waiver of liability for injuries printed on back of pass delivered to employee in Kansas as valid under law of Oklahoma, where accident occurred; Southern

Express Co. v. Hanaw, 134 Ga. 452, 458, 137 Am. St. Rep. 227, 67 S. E. 947, 950, holding stipulation making arbitrary limitation of liability for negligence in express company's contract made in New York relating to shipment to point in this State is void, as against public policy; Lake Shore etc. Ry. Co. v. Teeters, 166 Ind. 343, 5 L. R. A. (N. S.) 425, 77 N. E. 602, provision of interstate contract, valid in New York where made limiting liability of railroad transporting caretaker of livestock, is against public policy of Indiana and will not be enforced in action for injuries occurring in Indiana; American Radiator Co. v. Rogge, 86 N. J. L. 440, 92 Atl. 87, 7 N. C. C. A. 150, refusing to enforce New York law and allowing recovery under Workmen's Compensation Act of New Jersey of 1911, for death of servant in New Jersey where contract for work to be performed in New York and New Jersey was made in New York; International etc. R. Co. v. Vandeventer, 48 Tex. Civ. 369, 107 S. W. 561, contract made in Indiana restricting carrier's liability for negligence respecting shipment to Texas will not be enforced in Texas for injury occurring there; Adams Express Co. v. Green, 112 Va. 530, 72 S. E. 104, provision of express company's receipt issued in New York on shipment of goods to this State limiting liability to fifty dollars, though valid in New York, is void under provision of Virginia Code of 1904; Carstens Packing Co. v. Southern Pac. Co., 58 Wash. 247, 27 L. R. A. (N. S.) 975, 108 Pac. 616, refusing to enforce limitation of liability of carrier of livestock for gross negligence as against public policy of State under act of 1907, though valid in State where contract was made; Fox v. Postal Telegraph Cable Co., 138 Wis. 652, 653, 28 L. R. A. (N. S.) 490, 120 N. W. 400, 401, holding provision of contract, valid in State where made, limiting liability of telegraph company for damages resulting from delay in delivery of message is void as against public policy under statute of 1898.

Distinguished in Shelton v. Canadian etc. Ry. Co., 189 Fed. 158, contract made in Canada governing shipment between Canadian points and limiting liability for injuries to caretaker of livestock traveling on free pass is not against public policy under law of Canada and will be enforced in action in Federal court in Minnesota, though contrary to public policy of Minnesota; Atchison etc. Ry. Co. v. Rodgers, 16 N. M. 130, 113 Pac. 808, holding contract limiting liability to agreed valuation on shipment of mules from Kansas to New Mexico void under Kansas statute of 1883.

Law governing validity of contract limiting common-law liability of carrier of goods. Note, 4 Ann. Cas. 1108.

Conflict of laws as to carrier's contracts. Note, 63 L. R. A. 523, 528, 530.

Arbitrary limitation of liability of carrier without opportunity to increase amount by additional proportional payment, is void.

Approved in Oceanic Steam Nav. Co. v. Aitken, 196 U. S. 598, 49 L. Ed. 614, 25 Sup. Ct. 317, owner of vessel liable for sinking of ship in

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183 U. S. 263-277

port due to hurried and imprudent unloading; The Southwark, 191 U. S. 17, 48 L. Ed. 72, 24 Sup. Ct. 6, holding stipulations in bill of lading cannot relieve carrier of duty to furnish seaworthy vessel including safe refrigerating apparatus; The Morro Castle, 168 Fed. 557, upholding limitation of liability in steamship ticket to one hundred dollars for loss of baggage; The Fri, 154 Fed. 338, 83 C. C. A. 205, where charterparty gives to charterer full capacity of ship, owner is not common carrier, but bailee for hire, and contract, to which Harter Act has no application, relieving ship owner from liability for carelessness of employees is not contrary to public policy; Weinberger v. Compagnie etc. Transatlantique, 146 Fed. 517, provision in ticket for carrying six passengers limiting carrier's liability to one hundred dollars, void where not pointed out to passengers; The Minnetonka, 146 Fed. 512, 77 C. C. A. 217, affirming 132 Fed. 58, holding condition in ticket limiting liability of steamship company to one hundred dollars for loss due to ship owner's default will not be enforced; Northern Pac. Ry. Co. v. Kempton, 138 Fed. 999, 71 C. C. A. 246, stipulation in contract limiting time to sixty days for bringing action for damages resulting in delay in shipping cattle will not be enforced in Montana though enforceable where made in Minnesota; The Manitou, 116 Fed. 62, holding exceptions in bill of lading brought into operation by negligence of ship owner or his servants are of no avail in this country; Boering v. Chesapeake etc. Ry. Co., 20 App. D. C. 509, upholding limitation of liability printed on back of free pass, exempting carrier from liability for results of its own negligence; Atlanta etc. R. Co. v. Jacobs' Pharmacy, 135 Ga. 113, 68 S. E. 1039, carrier may by contract relieve itself from liability as insurer, but not from liability for damages resulting from its own negligence; Cleveland etc. Ry. Co. v. Druien, 118 Ky. 245, 80 S. W. 780, carrier limiting liability by contract on shipment of goods from Illinois to Kentucky cannot be sued in Kentucky for loss of goods in Illinois; Robert v. Chicago etc. R. Co., 148 Mo. App. 112, 127 S. W. 930, passenger buying ticket from California to St. Louis and return limiting liability for loss of baggage, where carrier had no unrestricted liability ticket on sale, may recover for loss free from limitations; International etc. R. Co. v. Vandeventer, 48 Tex. Civ. 368, 107 S. W. 561, holding carrier cannot limit liability for damage to interstate shipment resulting from its own negligence; Buck v. Oregon etc. Navigation Co., 53 Wash. 116, 101 Pac. 492, holding provision in contract requiring shipper of livestock to inspect cars and stockyards did not require such careful inspection as would disclose bent hook on gate, and allowing recovery for damage resulting from escape of stock. }

Distinguished in Santa Fe etc. Ry. Co. v. Grant Bros. Constr. Co., 228 U. S. 184, 57 L. Ed. 791, 33 Sup. Ct. 474, upholding stipulation in coutract made by railroad for construction work to the effect that contractor, in consideration of reduced rates for transportation of supplies and employees, will assume risk for damage including that caused by railroad's negligence; The Cretic, 224 Fed. 219, provision in steamship ticket limiting property of carrier to one hundred dollars for loss of baggage,

unless higher value is declared and additional payment made, is valid; George N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 564, 110 C. C. A. 645, upholding provision of bill of lading limiting liability of carrier to declared value, to which shipper assents in consideration of reduced rate; Bachman v. Clyde S. S. Co., 152 Fed. 404, 405, 81 C. C. A. 529, upholding stipulation in steamship ticket limiting liability for baggage to one hundred dollars unless excess freight is paid; Duncan v. Maine Cent. R. R. Co., 113 Fed. 508, holding person riding on free pass assenting to condition that he should assume risk cannot recover for injury for negligence of carrier's servants; Gardiner v. New York Cent. etc. R. Co., 201 N. Y. 395, Ann. Cas. 1912B, 281, 34 L. R. A. (N. S.) 826, 94 N. E. 878, upholding provision in ticket sold at reduced rate limiting baggage to wearing apparel and liability of carrier to fifty dollars.

Validity and effect of stipulating in ocean steamship ticket limiting liability for passenger's baggage. Note, 9 Ann. Cas. 914, 915. Limitation of carrier's liability for baggage. Note, 19 L. R. A. (N. S.) 1009.

183 U. S. 278–290, 46 L. Ed. 196, 22 Sup. Ct. 213, ORR v. GILMAN.

Inheritance tax law of New York of 1897 is not violation of Fourteenth Amendment.

Approved in Gillup v. Schmidt, 183 U. S. 307, 46 L. Ed. 213, 22 Sup. Ct. 164, holding nonresident executor who appeared was accorded due process although Indiana Statutes, § 8560, for listing of omitted property provides no notice to nonresidents; Attorney General v. Stone, 209 Mass. 191, 95 N. E. 397, upholding statute of 1902 providing that collateral inheritance tax shall not be assessed, as to estates limited over after preceding estate, until right of possession accrues; People v. Reardon, 184 N. Y. 450, 112 Am. St. Rep. 640, 77 N. E. 976, upholding Laws 1905, c. 241, §§ 315, 324, imposing tax on transfers of stock of domestic or foreign corporation; Matter of Delano, 176 N. Y. 493, 68 N. E. 872, upholding Laws 1896, p. 868, as amended 1897, imposing tax on transfer of property by will, or intestate law, or by exercise of power of appointment; Harvey Coal etc. Co. v. Dillon, 59 W. Va. 639, 6 L. R. A. (N. S.) 628, 53 S. E. 943, upholding act of 1905, taxing chattels real; dissenting opinion in Opinion of the Justices, 196 Mass. 625, 85 N. E. 554, majority holding legislature may impose tax on sales of certificates of stock of domestic and foreign eorporations.

Constitutionality of succession taxes. Note, 33 L. R. A. (N. S.) 598,

599.

Decision of State court that exercise of power of appointment subjects grantees to transfer tax is binding on Federal Supreme Court.

Approved in Chanler v. Kelsey, 205 U. S. 476, 477, 51 L. Ed. 888, 27 Sup. Ct. 550, following decision of State court and holding imposition of inheritance tax under New York law of 1897 upon exercise of power

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