1011 DETROIT v. DETROIT ETC. RY. CO. 184 U. S. 368–399 prescribed rate for thirty years; Town of New Decatur v. American Telephone etc. Co., 176 Ala. 555, 562, Ann. Cas. 1915A, 875, 58 South. 633, 635, bill by telephone company against town alleging that ordinance of 1904 requiring removal of poles, wires and fixtures from street impairs contract of franchise ordinance of 1898 states cause of action; Murphy v. Worcester Consol. St. Ry. Co., 199 Mass. 290, 85 N. E. 511, restrictions requiring half fare for children attending school in Worcester, imposed by town of Clinton in grant of location accepted by company is binding upon its successor; Town of Haines v. Eastern Oregon L. & P. Co., 76 Or. 405, 149 Pac. 88, denying injunction to restrain installation of electric meters by successor to gas company accepting franchise ordinance providing in one clause for flat rate and in another clause for maximum rate in case meters were installed; Texarkana Gas etc. Co. v. Texarkana, 58 Tex. Civ. 113, 123 S. W. 215, franchise granting to railway use of street for poles and wires cannot be impaired by subsequently imposing license fee as rental for use of streets; Garey v. St. Joe Mining Co., 32 Utah, 528, 12 L. R. A. (N. S.) 554, 91 Pac. 380, Session Laws of 1903, authorizing two-thirds majority of stockholders to amend articles of incorporation against consent of minority making nonassessable full paid capital stock assessable, is impairment of contract; Wishkah Boom Co. v. Greenwood Timber Co., 88 Wash. 573, 574, 153 Pac. 369, laws providing for improvement of rivers and streams to render them navigable for floating logs and authorizing improvers to establish reasonable rates for driving logs within prescribed limit, leaves question of reasonableness to court; Tacoma v. Boutelle, 61 Wash. 444, 112 Pac. 664, street railway franchise reserving right to council to protect interests of city and providing minimum service, is not impaired by ordinanee requiring five minute service; Wilmington City Ry. Co. v. Taylor, 198 Fed. 194, arguendo. Distinguished in New York Electric Lines Co. v. Empire City Subway Co., 235 U. S. 192, Ann. Cas. 1915A, 906, 59 L. Ed. 191, 35 Sup. Ct. 72, revocation in 1906 of city's permission to use streets of New York for electric poles and wires granted in 1883, but not made use of, was not impairment of contract; Southern Bell Tel. & Tel. Co. v. Birmingham, 211 Fed. 713, ordinance repealing prior ordinance purporting to make effective ultra vires contract between city and telephone company fixing rates to subscribers for term of years, without substituting other rates did not impair contract; Home Tel. & Tel. Co. v. Los Angeles, 155 Fed. 563, 575, 576, 578, 579, city by franchise ordinance fixing maximum rates to be charged by telephone company did not surrender right to regulate rates for fifty year term of franchise; Public Service Ry. Co. v. Board of Public Utility Commrs., 82 N. J. L. 314, 81 Atl. 1118, contract right of ordinance granting company right to operate street railway and providing for system of transfers, subject to future regulations of board, is not impaired by subsequent ordinance requiring railroad to give transfers allowing passenger privilege of transferring at connecting or intersecting points; State ex rel. Webster v. Superior Court, 67 Wash. 50, Ann. Cas. 1913D, 78, L. R. A. 1915C, 287, 120 Pac. 866, where power to fix rates is reserved by State, ordinance granting franchise to telephone company and fixing rates is not binding on State as contract. Power of municipality, apart from contract, to regulate public service rates. Note, 33 L. R. A. (N. S.) 761. Right to reduce rates of public service corporation fixed by franchise or charter. Note, L. R. A. 1915C, 263, 273, 276, 279. Corporation may take franchises or other property, title to which does not expire with corporation itself. Approved in Owensboro v. Cumberland Tel. & Tel. Co., 230 U. S. 71, 57 L. Ed. 1395, 33 Sup. Ct. 988, grant to telephone company and its assigns of right to use streets passed to present consolidated company whose life by express action of stockholders is two hundred years; Omaha Water Co. v. Omaha, 147 Fed. 9, 15, 8 Ann. Cas. 614, 12 L. R. A. (N. S.) 736, 77 C. C. A. 267, mortgage of property of water company and foreclosure thereof, passes to purchaser right to collect rates specified in contract between city and company; State ex rel. County Atty. v. Des Moines City Ry. Co., 159 Iowa, 277, 292, 301, 307, 140 N. W. 445, 451, 454, 457, franchise to street railway was not in perpetuity,' nor for life of original grantee, but was for period of thirty years, during which it was exclusive, or was ambiguous subject to explanation by parol; Detroit v. Detroit United Ry. Co., 172 Mich. 150, 153, 137 N. W. 651, 652, franchises of street railway were not extended by ordinance of 1906, but expired on dates at which contractual relations of parties ended; Lancaster County v. Lincoln Auditorium Assn., 87 Neb. 95, 127 N. W. 229, lease of real estate to corporation authorized to purchase real estate in fee simple is not void because extending five years beyond corporate existence of lessee; Minneapolis v. Minneapolis Street Ry. Co., 215 U. S. 430, 54 L. Ed. 269, 30 Sup. Ct. 118, arguendo. Distinguished in Calder v. Michigan, 218 U. S. 600, 54 L. Ed. 1168, 31 Sup. Ct. 122, franchise of corporation to furnish water supply subject to reserved right of repeal is not extended after exercise of right of repeal by mortgage on franchise; Omaha Elec. Light etc. Co. v. Omaha, 179 Fed. 461, 102 C. C. A. 601, construing ordinance granting electric light company franchise to use streets for poles and wires as limited to period of corporate life of company, not as perpetual grant. Power of board to appoint officer or make contract for term extending beyond its own. Note, 29 L. R. A. (N. S.) 652. Miscellaneous. Cited in Detroit v. Guaranty Trust Co., 168 Fed. 609, 93 C. C. A. 604, dismissing appeal from order granting injunction where ROSE 1013 WILSON v. STANDEFER. 184 U. S. 399-416 party directly affected by order is not made party to appeal nor detached by summons and severance. 184 U. S. 399-416, 46 L. Ed. 619, 22 Sup. Ct. 384, WILSON v. STANDEFER. With reference to remedy, there is ordinarily no obligation arising. Approved in Waggoner v. Flack, 188 U. S. 603, 604, 605, 47 L. Ed. 613, 23 Sup. Ct. 349, holding obligation of contract with purchaser of public lands not violated by Texas Laws of 1897, repealing act denying remedy of forfeiture for nonpayment of interest. State decisions construing local statutes are binding on Federal courts. Approved in Tampa Waterworks Co. v. Tampa, 199 U. S. 244, 50 L. Ed. 173, 26 Sup. Ct. 23, Supreme Court follows State court's interpretation of statute deciding that city cannot contract away right to fix water rate; Citizens' Bank v. Parker, 192 U. S. 86, 48 L. Ed. 356, 24 Sup. Ct. 186, holding contract exemption of capital stock of Citizens' Bank secured by charter of 1836 included exemption from tax for carrying on business; Theological Seminary v. Illinois, 188 U. S. 674, 47 L. Ed. 649, 23 Sup. Ct. 388, following State decision that charter exemption of property belonging or appertaining to theological seminary does not include rented property not used for school purposes; Waggoner v. Flack, 188 U. S. 601, 47 L. Ed. 612, 23 Sup. Ct. 348, holding obligation of contract with purchaser of public lands not violated by Texas laws of 1897, repealing act denying remedy of forfeiture for nonpayment of interest; Towson v. Denson, 74 Ark. 307, 86 S. W. 662, upholding Kirby's Dig., § 5057, providing that payer of taxes on uninclosed land seven years, three of which subsequent to act, deemed to have possession. Statute of Texas of 1897 changing mode of procedure in respect to purchasers in default does not impair contract rights under statute of 1879. Approved in Minneapolis v. Minneapolis Street Ry. Co., 215 U. S. 436, 54 L. Ed. 271, 30 Sup. Ct. 118, franchise of Minneapolis street railway secured to it contract right to charge five cent fares for fifty years from 1873, and ordinance of 1907 requiring company to sell six tickets for quarter is void; Bernheimer v. Converse, 206 U. S. 531, 51 L. Ed. 1174, 27 Sup. Ct. 755, statute of Minnesota of 1899 for enforcement of stockholders' liability under which liability can be enforced by receiver without State repealing prior act under which stockholders' liability could not be so enforced is not void as impairment of contract; Aikins v. Kingsbury, 170 Cal. 680, 151 Pac. 147, act of 1889 providing for forfeiture of school land by purchaser for failure to pay arrears of principal or interest for five years, but giving six months instead of twenty days to redeem, is not impairment of contract. Due process is afforded litigants if they have opportunity to be heard before final judgment. Approved in Consolidated Rendering Co. v, Vermont, 207 U. S. 551, 552, 12 Ann. Cas. 658, 52 L. Ed. 335, 28 Sup. Ct. 178, statute of Vermont of 1906, providing for production of books and papers by corporations, is not denial of due process. 184 U. S. 416-425, 46 L. Ed. 619, 22 Sup. Ct. 428, UNITED STATES ▼. RIO GRANDE DAM & IRRIGATION CO. On appeal in equity, whole case is before appellate court. Approved in Hitz v. Jenks, 185 U. S. 170, 46 L. Ed. 857, 22 Sup. Ct. 604, holding where court recited in decree allowance of appeal, such allowance removed whole cause to appellate court; Miocene Ditch Co. v. Moore, 150 Fed. 493, 80 C. C. A. 301, order striking out amendment and setting aside decree settling property rights brought in by amendment is appealable; Mossberg v. Nutter, 124 Fed. 967, 60 C. C. A. 98, holding dismissal of appeal warranted by request of trial judge for return of record in patent suit because of newly discovered evidence. Distinguished in Smith v. Simpson, 140 Fed. 713, 72 C. C. A. 92, brief in appellate court containing irrelevant matter including disrespectful references to trial court will be stricken from file. Where absence of evidence of material character in record is due to action of trial court in not giving government time to prepare its case, decree will be reversed with orders to allow both parties to adduce further evidence. Approved in Rio Grande Dam & Irr. Co. v. United States, 215 U. S. 268, 54 L. Ed. 192, 30 Sup. Ct. 97, granting permission to file supplemental complaint, upon remand with orders to allow both sides to adduce further evidence, was within discretion of court. What adjudications of State courts reviewable in Federal Supreme 184 U. S. 425–432, 46 L. Ed. 623, 22 Sup. Ct. 425, BOOTH v. ILLINOIS. Courts will refuse to interfere with statute enacted to protect public morals, unless it is clearly infringement of fundamental rights. Approved in Rast v. Van Deman & Lewis Co., 240 U. S. 368, 60 L. Ed. 691, 36 Sup. Ct. 379, upholding statute of Florida imposing special license taxes on merchants using profit-sharing coupons and trading stamps; Purity Extract etc. Co. v. Lynch, 226 U. S. 201, 202, 57 L. Ed. 187, 33 Sup. Ct. 44, statute of Mississippi of 1908 prohibiting sale of malt liquors, whether intoxicating or not, as applied to sales of Poinsetta by dealer in Tennessee; Rosenthal v. New York, 226 U. S. 270, Ann. Cas. 1914B, 71, 57 L. Ed. 216, 33 Sup. Ct. 27, upholding provision of Penal Code of New York prohibiting junk dealers from buying wire or copper used by or belonging to railroad, telegraph or telephone company without ascertaining whether seller has right to sell; Murphy v. California, 225 U. S. 629, 41 L. R. A. (N. S.) 153, 56 L. Ed. 1232, 32 Sup. Ct. 697, upholding ordinance of South Pasadena of 1908 prohibiting keeping of billiardhalls for hire, except in case of hotels having twenty-five rooms or more; Chicago etc. R. R. Co. v. McGuire, 219 U. S. 568, 55 L. Ed. 339, 31 Sup. 1015 BOOTH v. ILLINOIS. 184 U. S. 425-432 Ct. 259, upholding statute of Iowa of 1898, providing that acceptance of benefits after injury under contracts of relief benefit, or indemnity entered into by railway before injury, shall not be defense to action for injuries by employee; Kidd etc. Co. v. Musselman Grocer Co., 217 U. S. 472, 54 L. Ed. 845, 30 Sup. Ct. 606, upholding Michigan Sales in Bulk Act of 1905 similar to that of Connecticut of 1903; Lemieux v. Young, 211 U. S. 496, 53 L. Ed. 300, 29 Sup. Ct. 174, upholding law of Connecticut of 1903 regulating sales of entire stock in trade to prevent fraud on creditors; Otis v. Parker, 187 U. S. 607, 609, 610, 47 L. Ed. 327, 328, 23 Sup. Ct. 170, 171, upholding Cal. Const., art. IV, § 26, avoiding all contracts for sale of shares of corporate stock on margin; Wiseman v. Tanner, 221 Fed. 701, upholding act of Washington of 1914 prohibiting employment agency from demanding or receiving fee for furnishing employment or information leading thereto; Mutual Film Co. v. Industrial Commission, 215 Fed. 141, upholding Act of Ohio of 1913 requiring censorship of motion picture films; Ware v. Pearsons, 173 Fed. 881, 98 C. C. A. 364, denying recovery in action for commissions advanced in grain transactions under contracts executed in Chicago in violation of section 130 of Criminal Code of Illinois; Logan & Bryan v. Postal Tel. etc. Co., 157 Fed. 579, upholding statute of Arkansas declaring dealings in futures on margin gambling and prohibiting them within its borders; Grainger v. Douglas Park Jockey Club, 148 Fed. 521, 522, 526, 534, 8 Ann. Cas. 997, 78 C. C. A. 199, upholding act of Kentucky of March 26, 1906, creating racing commission with power to regulate running races except certain State fair races; Young v. Lemieux, 79 Conn. 441, 129 Am. St. Rep. 193, 8 Ann. Cas. 452, 20 L. R. A. (N. S.) 160, 65 Atl. 439, upholding act of 1903 regulating sales of entire stock in trade to prevent fraud on creditors; People v. Weiner, 271 Ill. 78, 110 N. E. 872, provision of act of 1915, prohibiting use of second-hand material in mattresses, quilts or comforters manufactured for sale cannot be upheld as regulation to prevent fraud in sale of goods, but provision of act of 1915 requiring sterilization of such material, when so used, is valid; Hirth-Krause Co. v. Cohen, 177 Ind. 7, Ann. Cas. 1914C, 708, 97 N. E. 3, upholding act of 1909 prohibiting sales of merchandise or goods in bulk except on certain prescribed conditions as to inventory and notice to creditors; State v. Fairmont Creamery Co., 153 Iowa, 708, 42 L. R. A. (N. S.) 821, 133 N. W. 898, upholding act of 1907 prohibiting purchasers of dairy products, poultry, eggs, or grain from discriminating between different localities as to prices paid; McGuire v. Chicago etc. R. Co., 131 Iowa, 375, 33 L. R. A. (N. S.) 706, 108 N. W. 914, upholding statute making railroad liable for injuries to employee caused by negligence of fellow-servant, regardless of contract of insurance, relief, benefit or indemnity entered into prior to injury; State v. Durein, 70 Kan. 34, 80 Pac. 994, upholding constitutional amendment making grant of permit to manufacture or sell intoxicants discretionary with probate judge; Purity Extract etc. Co. v. Lynch, 100 Miss. 659, 56 South. 317, upholding act of 1908 prohibiting |