1001 NOTES ON U. S. REPORTS. 184 U. S. 297-329 Miscellaneous. Cited in Clark v. Seagraves, 186 Mass. 438, 71 N. E. 816, where deed made in Massachusetts between citizens thereof, bill to have deed declared mortgage will be heard in Massachusetts court though land in Ohio; dissenting opinion in Alabama etc. Mfg. Co. v. Riverdale Cotton Mills, 127 Fed. 503, 62 C. C. A. 295, majority holding neither Alabama laws nor corporations can make corporation organized in Alabama citizen of Georgia for jurisdictional purposes. 184 U. S. 297-302, 46 L. Ed. 549, 22 Sup. Ct. 455, IN RE HUGULEY MFG. CO. Writ of prohibition will not be granted where there is adequate remedy by appeal. Approved in Ex parte Oklahoma, 220 U. S. 208, 55 L. Ed. 435, 31 Sup. Ct. 426, denying prohibition against Federal judge to prevent further interference by orders and injunction with enforcement of State statute relating to regulation of intoxicating liquors; Ex parte Joins, 191 U. S. 102, 48 L. Ed. 111, 24 Sup. Ct. 28, refusing prohibition against Choctaw and Chickasaw Citizenship Court, where such court had acted and certified its judgment to Dawes commission; Cross v. Superior Court of San Francisco, 2 Cal. App. 343, 83 Pac. 816, prohibition will not issue on heir's petition to prohibit court directing payment of inheritance tax; Kilty v. Railroad Commissioners, 184 Mass. 311, 68 N. E. 236, refusal of writ of prohibition to prohibit railroad commissioner issuing certificate not reviewable where petitioner interested only as inhabitant of town; dissenting opinion in State v. Godfrey, 54 W. Va. 77, 46 S. E. 194, majority holding prohibition issues against city ordinance prohibiting gaming in absence of charter authorization. Writ of prohibition. Note, 111 Am. St. Rep. 964. Prohibition as a process for review and correction of errors. Note, 1 Ann. Cas. 714. Miscellaneous. Cited in dissenting opinion in Alabama etc. Mfg. Co. v. Riverdale Cotton Mills, 127 Fed. 505, 62 C. C. A. 295, reciting history of litigation. 184 U. S. 302-329, 46 L. Ed. 552, 22 Sup. Ct. 327, WAITE v. SANTA CRUZ. Bona fide purchasers may rely on recitals in bonds that they were issued in conformity with law. Approved in County of Presidio v. Noel-Young Bond etc. Co., 212 U. S. 69, 53 L. Ed. 407, 29 Sup. Ct. 237, bona fide purchaser relying on recitals in bonds, by authorized officers, that bonds were issued in virtue of statute, may recover thereon in action against county; Stanley County v. Coler, 190 U. S. 451, 47 L. Ed. 1134, 23 Sup. Ct. 816, holding recitals in county bonds that they were issued under North Carolina Code to pay railroad subscriptions warranted reliance by bona fide purchasers; Tulare Irr. Dist. v. Shepard, 185 U. S. 24, 46 L. Ed. 784, 22 Sup. Ct. 540, holding land owners in irrigation district cannot defeat bonds reciting com ་ 10r pliance with statute where issue was invalid for failure to give notice in formation of district; Town of Aurora v. Gates, 208 Fed. 105, L. R. A. 1915A, 910, 125 C. C. A. 329, recitals in municipal bonds. that they were issued in accordance with provisions of enabling statute estops municipality from denying that lawful ordinance was passed; Hamilton County v. Montpelier Sav. Bank etc. Co., 157 Fed. 27, 28, 84 C. C. A. 523, recital in funding bonds that outstanding bonds were valid estops county to deny their validity in action on bonds by bona fide holder; Defiance v. Schmidt, 123 Fed. 6, 7, 8, 59 C. C. A. 159, holding city estopped by recitals in bonds issued for purpose within municipal authority to deny that they were issued for different unlawful purpose; Wetzell v. Paducah, 117 Fed. 654, holding city estopped to deny bond recitals declaring compliance with statute made by mayor and council authorized by charter to make such investigation; King v. Superior, 117 Fed. 117, 54 C. C. A. 499, holding municipality estopped by recital in bonds to deny provision made for payment of such bonds by tax levy as required by State Constitution; Fairfield v. Rural Independent School District, 116 Fed. 841, 842, 54 C. C. A. 342, holding recitals in bonds that same were issued pursuant to statute and city ordinance naming latter bind city though ordinance referred to would show invalidity; Perris Irrigation District v. Thompson, 116 Fed. 834, 838, 54 C. C. A. 336, holding bona fide purchaser of irrigation bonds from president of district is protected by recitals therein of compliance with statute; Hayden v. Town of Aurora, 57 Colo. 397, 142 Pac. 186, municipality is estopped to attack validity of bonds for waterworks, in view of recitals in ordinance and bonds, on ground that ordinance was not published as required by law; City of Tyler v. Tyler Building & Loan Assn., 99 Tex. 9, 86 S. W. 751, where ordinance recites that outstanding bonds are legal and authorizes refunding bonds, and bonds recite issuance in accordance with law, city is estopped to deny validity of refunding bonds in hands of innocent purchaser, though outstanding bonds were invalid. Distinguished in City of Santa Cruz v. Wykes, 202 Fed. 369, 120 C. C. A. 485, holders of bonds executed by private corporation operating city waterworks and which were assumed by city as part of purchase price of waterworks, and which contained no recitals that they were executed in conformity with Constitution or laws of State, are charged, as against city with notice of want of power in city to authorize bonds. City cannot escape liability on bonds by fact that mortgage bonds of water company assumed by city were included in refunding scheme. Approved in City of Santa Cruz v. Wykes, 202 Fed. 376, 377, 120 C. C. A. 485, where city assumed water bonds as part of purchase price of works, and electors, after inhibition against incurring indebtedness is removed, ratify acts of city in incurring indebtedness, city cannot deny its obligation to pay same. Estoppel of public corporation to deny validity of bonds. Note, 1003 CLARK v. TITUSVILLE. 184 U. S. 329-334 Circuit Court has no jurisdiction of suit by holder of bonds for collection only, where amount of claim of owner, apart from claims of other owners, is insufficient. Approved in Woodside v. Beekham, 216 U. S. 121, 54 L. Ed. 411, 30 Sup. Ct. 367, Federal court has no jurisdiction of suit by assignee of several claims none of which is sufficient in amount to confer jurisdietion; Hartford Fire Ins. Co. v. Erie R. Co., 172 Fed. 902, where insurance companies having paid losses, assign claims to plaintiff, suit may be maintained on those claims where amount of each is sufficient; Woodside v. Vasey, 142 Fed. 619, Circuit Court without jurisdiction of action against corporation on claims under two thousand dollars assigned to give plaintiff right to sue in Circuit Court, assignors remaining real owners. Distinguished in Louisville etc. R. R. Co. v. Smith, 128 Fed. 4, 63 C. C. A. 1, holding in suit against land owners to enjoin interference with railroad right of way, amount in controversy is right of way. Act of California of 1893, relating to refunding of municipal bonds, is not void as special legislation. Approved in Worthington v. District Court, 37 Nev. 230, 142 Pac. 237, act of 1913 requiring one year's residence to secure divorce, where parties are not residents of State, is not void as special legislation. Validity of statute classifying according to differences in population. Note, 15 Ann. Cas. 862. Miscellaneous. Cited in Page Belting Co. v. Prince, 77 N. H. 310, 312, 91 Atl. 963, allowing rescission of contract to purchase Santa Cruz bonds from persons purchasing bonds on credit from city authorized to sell for cash only, making bonds worthless between them and maker. 184 U. S. 329–334, 46 L. Ed. 569, 22 Sup. Ct. 382, CLARK v. TITUSVILLE. Fourteenth Amendment only requires tax to operate on all alike under same circumstances. Approved in Michigan etc. R. R. Co. v. Powers, 201 U. S. 293, 50 L. Ed. 761, 26 Sup. Ct. 466 (affirming Michigan R. R. Tax Cases, 138 Fed. 233), upholding Pub. Acts Mich. 1901, No. 173, p. 236, providing for taxation of railroad property on basis of average rate of taxation of other property; Pabst Brewing Co. v. Crenshaw, 120 Fed. 151, upholding Mo. Act of 1899, § 5, requiring affidavit of manufacturer of beer from outside State that only wholesome ingredients were used in manufacture; People v. Reardon, 184 N. Y. 450, 112 Am. St. Rep. 640, 77 N. E. 976, upholding act of 1905, imposing tax on transfer of stock in domestic and foreign corporation; Chicago etc. R. Co. v. State, 128 Wis. 645, 108 N. W. 582, upholding Laws of 1903, c. 315, p. 491, providing for taxation of railroad property according to average tax on other property, determined by ministerial board. Constitutional limitations on the power to impose license or occupation taxes. Note, 129 Am. St. Rep. 255. License tax on certain occupations in city is tax on privilege of doing business regulated by amount of sales, and is valid. Approved in Board of Commrs. of Johnson County v. Johnson, 173 Ind. 85, 89 N. E. 594, upholding act of 1903 authorizing unincorporated banks to deduct deposits from moneys, credits and other assets other than real estate, while individuals could only deduct indebtedness from credit proper, and incorporated banks were permitted to deduct assessed value of real estate, tangible property, and indebtedness in fixing value of shares taxed to owners; City of St. Louis v. United Rys. Co., 263 Mo. 444, 450, .174 S. W. 90, 92, upholding ordinance imposing quarterly license fee for each car used in transporting passengers to amount of one mill for every passenger carried during preceding quarter; State v. Parker Distilling Co., 236 Mo. 279, 139 S. W. 469, Laws of 1909 imposing graduated tax on manufacturers and dealers in liquor based on amount of business transacted does not violate provision of Constitution that taxes shall be uniform; Quong Wing v. Kirkendall, 39 Mont. 69, 101 Pac. 251, upholding license tax on hand laundries excluding women engaged in such business where not more than two are employed; Salt Lake City v. Christensen Co., 34 Utah, 44, 17 L. R. A. (N. S.) 898, 95 Pac. 526, upholding ordinance, under statute of 1898, imposing tax on business, profession, trade or calling, and dividing merchants and bankers into twenty-two classes based on amount of capital stock; Postal Tel. Co. v. City of Norfolk, 118 Va. 457, 87 S. E. 556, upholding license tax on intrastate business of telegraph company; Maercker v. Milwaukee, 151 Wis. 330, Ann. Cas. 1914B, 199, L. R. A. 1915F, 1196, 139 N. W. 201, upholding ordinance prohibiting rendering of certain substances within city; 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 corporations under Constitution, part 2, chapter 1, section 1, article IV. Distinguished in Standard Oil Co. v. Spartanburg, 66 S. C. 45, 44 S. E. 380, holding unconstitutional ordinance requiring dealers in oils on which license has not been paid to pay license on two hundred and fifty dollars per year. Grading license tax according to volume of business, or capital employed. Note, 17 L. R. A. (N. S.) 898. 184 U. S. 334-342, 46 L. Ed. 573, 22 Sup. Ct. 391, ROTHSCHILD V. KNIGHT. To what actions remedy of attachment may be given is for legislature of State to decide. Approved in Bates Machine Co. v. Norton Iron Works, 113 Ky. 379, 68 S. W. 425, plaintiff may attach money due foreign corporation from resident debtor when about to be paid and amount insufficient to satisfy both obligations; Biggert v. Straub, 193 Mass. 79, 118 Am. St. Rep. 449, 78 N. E. 770, liability of Massachusetts corporation upon life insurance policy held by citizen and resident of another State is property, and 1005 NOTES ON U. S. REPORTS. 184 U. S. 342-368 court has jurisdiction to enter decree in nature of judgment in rem against it; Norman v. Pennsylvania Fire Ins. Co., 237 Mo. 582, 141 S. W. 619, garnishment proceeding in another State without proof of statutes of that State is no defense to action on fire insurance policy. Writ of error from Supreme Court should issue to Massachusetts Superior Court for review, after rescript affirming its judgments has been sent to it by State Supreme Court. Approved in Wedding v. Meyler, 192 U. S. 581, 48 L. Ed. 574, 24 Sup. Ct. 323, holding writ of error from Federal Supreme Court to State court is properly directed to lower State court where record remains. Distinguished in Kentucky v. Powers, 139 Fed. 489, petition for removal granted where on numerous trials jury shows bias, judgment of Superior Court on their qualifications being final. Federal question is sufficiently raised in State court for purpose of review by Supreme Court, though it was not raised in court to which writ of error was directed and which entered judgment after case passed upon by State Supreme Court, if Federal question was raised in latter court. Approved in National Mutual Building etc. Assn. v. Brahan, 193 U. S. 646, 48 L. Ed. 828, 24 Sup. Ct. 532, Federal question properly presented by requesting instructions in trial court claiming constitutional right. Time and manner of raising and deciding questions in State court Practice and procedure governing transfer of causes to Federal 184 U. S. 342-354, 46 L. Ed. 580, 22 Sup. Ct. 406, SCHUERMAN V. ARIZONA. Arizona territorial statute of 1887 is foundation for appointment of loan commissioners. Distinguished in Murphy v. Utter, 186 U. S. 110, 46 L. Ed. 1078, 22 Sup. Ct. 782, holding Arizona legislature not authorized to repeal act of June 25, 1890, by provision that said act amended act of 1887, subject to future territorial legislation; dissenting opinion in Ackley v. Perrin, 10 Idaho, 539, 79 Pac. 194, majority holding majority of State prison commissioners can hold meeting without notifying number outside jurisdiction. 184 U. S. 354–368, 46 L. Ed. 385, 22 Sup. Ct. 400, SKANEATELES WATER WORKS CO. v. SKANEATELES. Water company in applying to village and filing certificate with Secretary of State acquired no contract right, express or implied, to exclusive privilege of supplying village with water. |