2. Shipment by more expensive of two routes may be justi-
fied by reasonable general practice of carrier. Id.
3. Reasonableness of practice of carrier in shipping intra-
state by one of two routes, the charges on which under inter-
state tariff were more than those allowed on the other by
state law, held an administrative question within jurisdic-
tion of Interstate Commerce Commission, whose decision
state courts without jurisdiction to anticipate. Id.
4. Two railroad companies, between them owning all stock
and controlling completely property and operations of third
company, which had legal title to terminal tracks, caused
separate switching charges to be made in its name on traffic
moved by them over those tracks, although for substantially
same service over terminals which each owned separately,
neither made any charge in addition to its line haul rates.
Held, that state commission and lower courts were justified
in holding third company mere agency or instrumentality
of other two; that its technical corporate individuality and
ownership of tracks in question did not entitle it to be
treated as independent carrier; and that order requiring
separate charges to be discontinued and that tracks be
operated as part of terminal properties of the other com-
panies, in intrastate traffic did not deprive it or them of
property without compensation or due process of law, nor
impose unlawful burden on interstate commerce. Chicago,
M. & St. P. Ry. v. Minneapolis Civic Assn....
5. Switch tender held within class described in proviso of
§ 2 of Hours of Service Act, whose service is thereby limited
to 9 hours in 24. Chicago & Alton R. R. v. United States.... 197
CAUSE OF ACTION. See Actions and Defenses.
1. Nature and functions of writ, employed to supervise crim-
inal proceedings of inferior tribunals in District of Columbia,
are to be tested by common-law principles. Hartranft v.
Mullowny...
2. At common law, where cause before judgment removed
by certiorari in order that justice might be done by quash-
ing indictment or information or proceeding to trial, nature
of cause not changed by removal, and quashing of writ was
followed by procedendo as matter of course. Id.
3. Upon review by certiorari court confines its discussion
to matter relied on in procuring writ. Alice State Bank v.
Houston Pasture Co.....
4. A summary conviction for criminal contempt is review-
able by this court by certiorari. Toledo Newspaper Co. v.
United States....
5. Writ may issue under Jud. Code, § 262, to review inter-
locutory judgment which is not subject to certiorari under
$ 240. Union Pacific R. R. v. Weld County.
6. Where petition for certiorari postponed to hearing of ap-
peal and latter found without jurisdiction, certiorari granted
and record on appeal treated as return to writ. Id.
CHICKASAW INDIANS. See Indians, 7.
Act of Sept. 1, 1916, held unconstitutional as exceeding com-
merce power of Congress and as invading powers reserved to
States. Hammer v. Dagenhart . . .
Doctrines announced in Watson v. Jones, 13 Wall. 679, held
affirmatively and conclusively settled. Shepard v. Barkley..
CIRCUIT COURT OF APPEALS. Authority to review. See
Jurisdiction, II, (1).
COMBINATIONS IN RESTRAINT OF TRADE. See Anti-
Trust Act.
See Constitutional Law, II; Interstate
Commerce; Interstate Commerce Acts.
COMMON CARRIERS. See Admiralty; Carriers; Employ-
ers' Liability Act; Interstate Commerce Acts.
COMMON LAW. See Admiralty; Certiorari, 1-2; Employ-
ers' Liability Act, 3.
COMPETITION. See Anti-Trust Act; Constitutional Law,
II, 2.
CONDEMNATION. See Constitutional Law, XI, 2-4;
Eminent Domain.
For acts cited. See Table at front of volume.
For powers. See Constitutional Law.
Remarks of committee chairman. See Statutes, I, 6.
For military duty. See Constitutional Law, I.
I. Army Power: Militia Power, p. 534.
II. Commerce Clause, p. 534.
III. Contract Clause, p. 536.
IV. Tax on Exports, p. 536.
V. Full Faith and Credit Clause, p. 537.
VI. First Amendment: Freedom of Press, p. 537.
VII. Fourth Amendment: Unreasonable Seizure, p. 537.
VIII. Fifth Amendment: Self-Incrimination, p. 538.
IX. Sixth Amendment: Trial by Jury, p. 538.
X. Tenth Amendment: Reserved Powers of States, p. 538.
XI. Fourteenth Amendment:
(1) Notice and Hearing, p. 538.
(2) Depriving of Property, p. 538.
(3) Equal Protection of the Laws, p. 539.
XII. Sixteenth Amendment: Income Tax, p. 540.
XIII. Who May Question Constitutionality of Statutes, p. 540.
As to inherent power of federal courts to punish for con-
tempt. See Contempt.
I. Army Power: Militia Power.
Congress may conscript for military duty in a foreign coun-
try; the militia clause is not a limitation upon the war power.
Cox v. Wood....
1. Power to regulate interstate commerce is power to pre-
scribe rule by which commerce is to be governed-to con-
trol means by which it is carried on. Hammer v. Dagenhart. 251
2. Such power not intended as means of enabling Congress
to equalize economic conditions in States for prevention of
unfair competition among them, nor was it intended as au-
CONSTITUTIONAL LAW-Continued.
thority to control States in exercise of their police power
over local trade and manufacture. Id.
3. Child Labor Law of Sept. 1, 1916, held unconstitutional
as exceeding power of Congress and invading powers re-
served to States. Id.
4. Manufacture of goods is not commerce, nor do facts that
they are intended for, and are afterwards shipped in, inter-
state commerce, make their production part of that com-
merce subject to control by Congress. Id.
5. Right to exclude from interstate commerce not recog-
nized save in cases where character of particular things
excluded is such as to bring them peculiarly within govern-
mental authority of State or Nation and render their exclu-
sion, in effect, but a regulation of interstate transportation,
necessary to prevent accomplishment, through that means,
of evils inherent in them. Id.
6. State in laying general income tax upon gains and profits
of domestic corporation may include in computation net in-
come derived from transactions in interstate commerce. So
held as to Wisconsin Income Tax Law, as applied to income
from sales outside of State of goods delivered from factory
within it, and from company's branches in other States of
goods previously made within State. United States Glue
Co. v. Oak Creek..
7. Order of state commission requiring discontinuance of
terminal charges exacted by company having legal title to
terminal tracks, but which in fact was but a mere agency
or instrumentality of other railroad companies, neither of
which made any charge for substantially same service over
terminals each owned separately, and requiring that such
terminal tracks be operated as part of terminal properties
of such other companies in interstate traffic, held to impose
no unlawful burden on interstate commerce. Chicago,
M. & St. P. Ry. v. Minneapolis Civic Assn..
8. Tax on life insurance business is not tax on interstate
commerce. Northwestern Life Ins. Co. v. Wisconsin...... 132
9. Assuming that foreign investment business of domestic
life insurance company amounts to interstate commerce, a
state tax of 3% of gross income from all sources during
CONSTITUTIONAL LAW-Continued.
year, except rents from real estate and premiums collected
outside of State on policies of non-residents, casts no burden
upon such commerce, where gross receipts are in effect used
as fair measure of value of property and franchise taxable,
but not otherwise taxed, within State. Id.
10. Transmission of stock quotations by wire from New
York Stock Exchange to Boston where they were decoded
and wired to tickers of subscribers there, held to remain inter-
state commerce until completed in the subscribers' offices;
and that order of Massachusetts commission requiring tele-
graph companies to cease discriminating against a would-
be subscriber whom Stock Exchange disapproved was direct
interference with such commerce, infringing constitutional
rights. Western Union Tel. Co. v. Foster......
11. Provisions of interstate contract for sale of complicated
plant, whereby purchaser agreed to pay expert sent by seller
to supervise assembling and testing, obligation to accept
plant being made dependent upon test, held not to involve
doing of local business subjecting seller to state regulations
concerning foreign corporations. York Mfg. Co. v. Colley... 21
12. Exclusion of evidence in prosecution under drug law of
State held to deny federal right of defendants arising under
commerce clause. McGinis v. California..
1. Legislative, not judicial, action, impairing obligation
of contracts, contemplated by clause.
Elevated R. R...
2. By law as it was when he bought, purchaser of state
lands in default as to interest on deferred payment was
liable to have his interest in land and contract foreclosed by
court proceeding begun on summary notice, but with right
of redemption. A later act declared forfeiture in such cases
in which default had continued for five years and in which
State prior to passage of act had issued another certificate
for same land to subsequent purchaser, unless all arrears of
interest were paid within six months of its passage. Held
a change of remedy, not impairing obligation of contract of
purchase. Aikins v. Kingsbury ....
Tax on net income of corporation derived from exporting
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