for steam joints, not sufficiently described; Thomasson v. Bumpass, 78 Fed. 492, 42 U. S. App. 295, holding new features in poultry crates not covered by claim.

114 U. S. 453–463, 29 L. 216, DISTRICT OF COLUMBIA COMMRS. V. BALTIMORE, ETC., R. R.

District of Columbia.- Title to streets of Washington city is in United States, not in city or owners of adjacent lots, and right to use them for any other than ordinary use of streets, must proceed from Congress, pp. 460, 461.

Cited in Daly v. Georgia, etc., R. R., 80 Ga. 801, 12 Am. St. Rep. 292, 7 S. E. 150, holding, where fee of streets was in State, their use for railway must be by State's authority; Bauman v. Ross, 167 U. S. 565, 42 L. 280, 17 S. Ct. 973, historically.

114 U. S. 463-464, 29 L. 221, PACIFIC BANK v. MIXTER.

Banks and banking.— No bond is required, on writs of error, or appeals issuing from, or brought to, Supreme Court, by direction of comptroller of currency, in suits by or against insolvent national banks, or receivers thereof, p. 464.

Approved in Gibson v. Peters, 150 U. S. 344, 37 L. 1105, 14 S. Ct. 135, receiver of national bank is officer of United States, within § 380, R. S.; Robinson v. Southern Nat. Bank, 94 Fed. 22, dispensing with bond in such an appeal.

Appeal and error.— Where record shows that comptroller directed receiver of national bank to take out writ of error, case will not be dismissed for mere clerical mistake in name, p. 464.

Approved in Walton v. Marietta Chair Co., 157 U. S. 347, 39 L. 727, 15 S. Ct. 628, allowing amendment to correct mistake in name of plaintiff in error; Citizens' Bank v. Farwell, 56 Fed. 572, 12 U. S. App. 409, holding mere clerical errors in spelling, or arrangement of plaintiffs' names, immaterial; United States, etc., Accident Assn. v. Weller, 30 Fla. 219, 11 So. 788, use of “ guardian" for "next friend," held immaterial error.

114 U. S. 464-474, 29 L. 212, CAVENDER v. CAVENDER.

Equity. If statements of answer supply material facts, omitted from bill, the defect is thereby waived, p. 471.

Approved in Provisional Municipality v. Lehman, 57 Fed. 330, 13 U. S. App. 411, holding defects in bill cured by allegations of answer; Richardson v. Green, 61 Fed. 431, 15 U. S. App. 488, regarding demurrer as waived, where answer supplied defect.

Trusts. Where trustee's acts show want of reasonable fidelity, equity will remove him; e. g., failure to invest funds as directed, pp. 471, 473.

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Trustee, who not only fails to discharge any duty of the trust, but denies receipt of trust property, will be removed upon application, pp. 473, 474.

Approved in Kintner v. Jones, 122 Ind. 153, 23 N. E. 702, removal of trustee for failure to sell property as directed.

114 U. S. 474-477, 29 L. 215, BURTON v. WEST JERSEY FERRY CO.

Appeal and error.- General exception to charge, which does not direct attention of court to portions objected to, raises no question for review in Supreme Court, p. 476.

Approved in Anthony v. Louisville R. R., 132 U. S. 173, 33 L. 302, 10 S. Ct. 54, Holder v. United States, 150 U. S. 92, 37 L. 1010, 14 S. Ct. 10, Baltimore, etc., R. R. v. Mackey, 157 U. S. 92, 39 L. 631, 15 S. Ct. 497, M'Clellan v. Pyeatt, 50 Fed. 687, 4 U. S. App. 319, and Price v. Pankhurst, 53 Fed. 313, 10 U. S. App. 497, collecting authorities, Walker v. Windsor Nat. Bank, 56 Fed. 78, 5 U. S. App. 423, and Masonic Ben. Assn. v. Lyman, 60 Fed. 500, 18 U. S. App. 507, citing cases; Thom v. Pittard, 62 Fed. 236, 8 U. S. App. 597, St. Louis, etc., Ry. v. Spencer, 71 Fed. 95, 36 U. S. App. 229, Shelp United States, 81 Fed. 700, 48 U. S. App. 385, Ohio, etc., Ry. v. McCartney, 121 Ind. 388, 23 N. E. 259, and Morrill v. Palmer, 68 Vt. 17, 33 Atl. 834, 33 L. R. A. 417, and n., all holding general exception of no avail, where part of charge was sound. Approved also in Van Stone v. Stillwell, etc., Mfg. Co., 142 U. S. 135, 35 L. 964, 12 S. Ct. 183, and Black v. Lewiston, 2 Idaho, 257, 13 Pac. 81, reviewing authorities refusing to consider general exception to charge as a whole; Chateaugay Iron Co. v. Blake, 144 U. S. 488, 36 L. 514, 12 S. Ct. 734, and Pittsburgh, etc., Ry. v. Thompson, 82 Fed. 728, 54 U. S. App. 236, both holding exception to refusal to charge series of propositions as requested, insufficient.

Negligence. Mere failure of ferry company to provide passenger with seat, is not, in law, negligence, without proof of habitual failure to provide those customarily travelling thereon, pp. 476, 477.

114 U. S. 477-488, 29 L. 179, CLAWSON v. UNITED STATES.

Jury.- Venire to summon jurors is writ, proper and necessary to exercise of jurisdiction of the court, where affirmative provisions of law, so far as they extend, have been first observed, p. 487.

Approved in Lovejoy v. United States, 128 U. S. 173, 32 L. 390, 9 S. Ct. 58, holding act of June 30, 1879, did not change rule; Territory v. Harding, 6 Mont. 330, 12 Pac. 754, holding court might appoint special attorney, in absence of prosecutor, to sign indictment; Territory v. Carmody, 8 N. Mex. 384, 45 Pac. 882, where failure to resort to open venire was held error; State v. Hart, 19 Utah, 450, 57 Pac. 418, 419, holding court retained power to impanel by open venire,

State's admission to Union; Carter v. Territory, 3 Wyo. 195, Pac. 751, 752, approving practice under Wyoming statutes. Jury-Act of March 22, 1882 (22 Stat. 30), providing that belief a certain doctrines of Mormon church should be cause for challengjurors in prosecutions for bigamy, polygamy, and unlawful coabitation, is valid, and applies to grand juries, pp. 478–484.

Approved in Jenkins v. State, 99 Tenn. 575, 42 S. W. 265, sustaining act excluding from jury service, all persons engaged in conspiracy against law and order. See 12 Am. St. Rep. 907, note.

Miscellaneous.— In re Wilson, 11 Utah, 118, 39 Pac. 498, miscited.

114 U. S. 488–492, 29 L. 183, HOPT v. UTAH.

Criminal law.- Under Utah criminal code, record of conviction of murder must either set forth charge in writing, or defendant's waiver of such charge; failing in this, new trial will be granted, without formal bill of exceptions, pp. 490, 491.

Cited in Bassett v. United States, 137 U. S. 502, 34 L. 763, 11 S. Ct. 166, generally.

Distinguished in Territory v. Christensen, 4 Dak. 421, 422, 424, 81 N. W. 853, 854, holding, under local statute, charge was not necessary part of judgment-roll.

Criminal law.- Lawfulness of conviction and sentence is determined by formal record of what was done at trial, in open court, and ex parte affidavits of subsequent private conversation in defendant's absence, will not be considered on appeal, pp. 491, 492.

Miscellaneous.- Hopt v. Utah, 120 U. S. 431, 30 L. 709, 7 S. Ct. 614, historically; United States v. Ball, 163 U. S. 672, 41 L. 303, 18 S. Ct. 1195, miscited.

114 U. S. 492-501, 29 L. 221, ATLANTIC PHOSPHATE CO. v. GRAFFLIN.

Sales. Where contract of sale is executed by vendor, by delivery of goods, liability of vendee to pay for them accrues, and law raises implied contract to pay interest from delivery, on purchase money, which was liquidated by terms of invoices in name of plaintiff, received and retained by defendant, pp. 499, 500.

Not cited.

114 U. S. 501-511, 29 L. 244, NEW ORLEANS, ETC., R. R. DELAMORE.

Courts. Supreme Court has jurisdiction on error to State court judgment, adverse to title based on sale in bankruptcy, p. 506.

Cited in Traer v. Clews, 115 U. S. 534, 29 L. 469, 6 S. Ct. 156, taking jurisdiction when dispute was as to validity of transfer by trustee in bankruptcy.

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Distinguished in Merritt v. American, etc., Barge Co., 75 Fed. 816, U.S. App. 127, holding Circuit Court of Appeals has jurisdiction ✔ question whether full faith and credit has been given judgment dister State.

Bankruptcy.-Court has jurisdiction to adjudicate railway com any bankrupt, and to administer its property under the bankrupt р. 506.

Corporations.- Franchise to be a corporation is not subject of e and transfer, unless so made by positive law; but franchises to down and manage railroad, and to take tolls thereon, are not ecessarily corporate rights, and have nothing in their nature inEstent with their being assignable, p. 508.

Approved in New Orleans v. Railroad, 40 La. Ann. 588, 4 So. 513, boiding business of street railroad, subject to license tax; dissentopinion in Citizens, etc., R. Co. v. City Ry., 64 Fed. 656, major bolding elty council could not limit franchise to use street to erm than life of company. See 7 Am. St. Rep. 725, and 35 Am St. Rep. 402, notes.

Luted in Detroit v. Detroit City Ry., 56 Fed. 882, 888, reviewing

ties, holding franchises, though assigned, terminate with of corporation; State v. Railway, 140 Mo. 548, 62 Am. St. Rep. 4. 41 S. W. 957, 38 L. R. A. 220, holding quo warranto proper medy to enforce forfeiture of street railroad franchise; dissenting ion in Railroad v. Gibbes, 27 S. C. 404, 4 S. E. 57, majority rating income tax on railroad companies.

Broads. Upon judicial sale of railroad property, under mortnovering franchises, those franchises necessary to use and zent of road pass to purchaser; hence, where they may be ged, those franchises are carried by surrender of company's ty in bankruptcy, and pass to purchaser at bankruptcy sale, 1500

Approved in Nat. Foundry, etc., Works v. Oconto Water Co., 52 decreeing sale of water company's franchises, under lien Baltimore Trust, etc., Co. v. Mayor, etc., 64 Fed. 160, collecting hes, grant of right to build double track, accepted and acted >ould not be repealed; Louisville Trust Co. v. Cincinnati, 76 420, 47 U. S. App. 36, holding mortgagee succeeded to railroad's

Burrus v. Columbus, 105 Ga. 45, 31 S. E. 125, where to operate side track passed by judicial sale; Chadwick Colony R. R., 171 Mass. 243, 30 N. E. 630, collecting cases, far franchise to operate road passed to assignee of mortgage;

7. O'Brien, 111 N. Y. 43, 7 Am. St. Rep. 897, 18 N. E. 700, 1 R. A. 262, and n., holding indefinite grant of franchise to use for railroad, survived corporation; Chicago, etc., Ry. v. Pete.. Ry., 139 Ind. 303, 47 Am. St. Rep. 268, 38 N. E. 606, TRA. 338 obiter. See 7 Am. St. Rep. 722, 25 Am. St. Rep. 477, Am. St. Rep. 398, 403, notes.

Constitutional law.- City of New Orleans, having granted right of way to one railroad, could not repeal said grant by subsequent attempt to confer same right on another, any more than by special repealing ordinance, p. 510.

Approved in Africa v. Board of Mayor, etc., 70 Fed. 734, 738, reviewing authorities, and holding repealing ordinance void.

Distinguished in Lake Roland, etc., Ry. v. Mayor, etc., 77 Md. 868, 26 Atl. 512, 20 L. R. A. 130, sustaining repealing ordinance, after track laid.

114 U. S. 511-523, 29 L. 240, STURGES v. CARTER.

Taxation. Where taxpayer, in attendance before auditor, was told of latter's purpose to increase his assessment, this was substantial compliance with Ohio statute, requiring notice of increase, p. 516.

Approved in Lee v. Dawson, 8 Ohio C. C. 371, 372, involving same legislation.

Distinguished in Meyers v. Shields, 61 Fed. 720, holding notice, under § 2782 of said statute, did not cover proceedings under § 2781.

Constitutional law. Ohio act of 1878, authorizing tax auditor to go back for period of four years to correct false returns, merely gives new remedy for enforcing existing right to taxes, and is not retroactive, within constitutional prohibition, pp. 516-519.

Cited in Reynolds v. Bowen, 138 Ind. 445, 36 N. E. 760, and Gager v. Prout, 48 Ohio St. 107, 26 N. E. 1015, sustaining similar statutes; Mergenthaler v. Crites, 4 Ohio C. C. 488, amendment of 1886, having an added penalty, is invalid if retrospective; Wade v. Kimberley, 5 Ohio C. C. 39, judgment for taxes, which omits penaltles, is not invalid under amendment of 1886.

Constitutional law. Every statute which takes away or impairs vested rights, acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions already past, must be deemed retrospective, p. 519.

Approved in Commissioners v. Rosche, 50 Ohio St. 112, 40 Am. St. Rep. 656, 33 N. E. 409, 19 L. R. A. 585, statute authorizing recovery of taxes already paid, without protest, held unconstitutional; Wade v. Kimberley, 5 Ohio C. C. 39, construing Ohio tax legislation.

Taxation of both capital stock, and shares in stockholders' hands, is not necessarily double taxation, p. 521.

Approved in Herrman v. Guttenberg, 62 N. J. L. 616, 43 Atl. 707, bond issue for improvements, for which assessment had been paid,

not double taxation.

Taxation. Exemption from taxation must be express and clear, p. 521.