ABATEMENT. See Jurisdiction, I, 2.
ADMINISTRATIVE LAW. See also Constitutional Law, III; X,
1; Habeas Corpus, 2; Jurisdiction, I, 1; III, 2; Labor, 2;
Procedure, 3.
Scope of judicial review-Administrative findings-Sufficiency of
evidence-Longshoremen's Act.-Administrative Procedure Act re-
quires that findings of Deputy Commissioner under Longshoremen's
Act be accepted unless unsupported by substantial evidence on record
considered as a whole. O'Leary v. Brown-Pacific-Maxon, Inc., 504.
ADMIRALTY. See also Insurance; Workmen's Compensation.
Seamen-Maintenance and cure-Liability of shipowner.-Seaman
entitled to maintenance and cure; Shipowners' Liability Convention
construed; injury "in the service of the ship" and not due to “wilful
act, default or misbehaviour." Warren v. United States, 523.
AGENTS. See Constitutional Law, VI, 4.
ALIENS. See also Jurisdiction, I, 1; Procedure, 2.
Suspension of deportation-Eligibility for citizenship-"Residing"
in United States.-Danish citizen as not "residing" in United States
while war prevented return to Denmark; relief from military service
did not render him ineligible for naturalization or for suspension of
deportation. McGrath v. Kristensen, 162.
1. Sherman Act violations-Gypsum industry-Decree.-Restraint
of trade and monopoly in gypsum board industry; conspiracy; evi-
dence; summary judgment for United States; provisions of decree;
patent licenses; assessment of costs. United States v. U.S. Gypsum
Co., 76.
2. Sherman Act-Fixing maximum resale prices-Common owner-
ship of defendant corporations.-Agreement between distributors of
liquor in interstate commerce to fix maximum resale prices illegal;
sufficiency of evidence of conspiracy; no defense that complainant
also violated Act; corporations under common ownership not immune
from liability; instructions to jury. Kiefer-Stewart Co. v. Seagram
& Sons, 211.
3. Clayton Act-Robinson-Patman Act-Price discrimination-
Meeting competition.-Oil company's lower price to "jobber" cus-
tomers justified where made to meet lawful and equally low price of
ANTITRUST ACTS Continued.
competitor, notwithstanding injury to competition; burden of proof;
temporary local storage: Federal Trade Commission procedure.
Standard Oil Co. v. Federal Trade Comm'n, 231.
4. Treble-damage suit-Conviction as evidence-Function of trial
court. Conviction in criminal prosecution under antitrust laws as
evidence in treble-damage suit against defendant; effect of general
verdict in criminal case; function of trial court. Emich Motors
Corp. v. General Motors Corp., 558.
APPEAL See Administrative Law; Antitrust Acts, 1-2; Consti-
tutional Law, XI, 3; Judgments, 2, 4; Jurisdiction; Procedure;
Waiver.
APPORTIONMENT. See Constitutional Law, VII, 5.
ARBITRATION. See Jurisdiction, II, 1.
ARGUMENT. See Procedure, 4.
ARMED FORCES. See Aliens; Courts-Martial; Habeas Corpus,
2; Tort Claims Act, 1.
ARREST. See Constitutional Law, IV, 1.
ARTICLES OF WAR. See Habeas Corpus, 2; Jurisdiction, III, 2.
ATTACHMENT. See Jurisdiction, I, 4; Priority.
ATTORNEY GENERAL. See Aliens; Executive Departments;
Jurisdiction, I, 1; Witnesses.
ATTORNEYS. See Procedure, 4.
BACK PAY. See Labor, 1.
BARGE LINES. See Transportation, 2.
BONUS. See Taxation, 2.
BOOKS AND RECORDS. See Constitutional Law, VI, 4.
BURDEN OF PROOF. See Antitrust Acts, 3.
BREACH OF PEACE. See Constitutional Law, IV, 1.
CALIFORNIA. See Jurisdiction, I, 4; Priority.
CARRIERS. See Constitutional Law, II; VII, 5; VIII; X, 1-2;
Employers' Liability Act; Transportation.
CERTIORARI. See Jurisdiction, II, 6.
CITIZENSHIP. See Jurisdiction, I, 1.
COLLATERAL ATTACK. See Constitutional Law, IX.
COLLISION. See Insurance.
COMMERCE. See Antitrust Acts; Constitutional Law, II; VII;
X, 1-2; Employers' Liability Act; Transportation.
COMMERCIAL SUCCESS. See Patents.
COMMUNISM. See Constitutional Law, VI, 1-4; Evidence; Juris-
diction, II, 4.
COMPETITION. See Antitrust Acts.
CONDITIONS. See Constitutional Law, X, 2.
CONFESSIONS. See Constitutional Law, X, 5.
CONFIDENTIAL COMMUNICATIONS.
CONGRESS. See Constitutional Law, II.
CONNECTICUT. See Constitutional Law, VII, 4.
CONSERVATION. See Constitutional Law, X, 4.
CONSPIRACY. See Antitrust Acts, 1-2, 4; Constitutional Law,
VI, 3.
CONSTITUTIONAL LAW. See also Courts-Martial; Employers'
Liability Act, 2; Habeas Corpus, 4; Tort Claims Act.
I. Federal-State Relations, p. 961.
II. Legislative Power, p. 961.
III. Judicial Power, p. 962.
IV. Freedom of Speech and Religion, p. 962.
V. Jury Trial, p. 962.
VI. Self-Incrimination, p. 962.
VII. Commerce, p. 963.
VIII. Imports and Exports, p. 963.
IX. Full Faith and Credit, p. 964.
X. Due Process of Law, p. 964.
XI. Equal Protection of Laws, p. 964.
I. Federal-State Relations.
Conflicting legislation-Public utility strikes-Supremacy Clause.—
Wisconsin law forbidding strikes which would interrupt essential
public utility service, invalid as in conflict with federal labor law.
Street Railway Employees v. Wisconsin Board, 383.
Powers of Congress-Preference to ports-Transportation rates.-
Order of I. C. C. prescribing barge-rail rates not unconstitutional as
giving preference to ports of one State over those of another. Ala-
bama G. S. R. Co. v. United States, 216.
CONSTITUTIONAL LAW-Continued.
Scope-Justiciable question-Declaratory judgment-Administra-
tive decision.—Suit for declaratory judgment to review administrative
decision as presenting justiciable question under Art. III of Consti-
tution. McGrath v. Kristensen, 162.
IV. Freedom of Speech and Religion.
1. Freedom of speech-Restraints-Preventing breach of peace.-
Conviction for disorderly conduct of street-corner speaker, who
disobeyed order of police officers to stop incitive speech and was
arrested to prevent breach of peace, sustained. Feiner v. New York,
2. Public parks-Religious meetings-Discrimination.-Conviction
of members of religious sect for use of park without permit, which
was arbitrarily denied them though customarily granted to others,
invalid. Niemotko v. Maryland, 268.
3. Freedom of speech and religion-Street preaching-Prior re-
straint.-Ordinance vesting in administrative official unbounded dis-
cretion to issue or withhold permit to preach in streets, invalid;
conviction for violation invalid. Kunz v. New York, 290.
1. Right to jury trial-Scope.-Sixth Amendment's guarantee of
trial by jury inapplicable to trials by courts-martial or military
commissions. Whelchel v. McDonald, 122.
2. Right to jury trial-Tort Claims Act.-Power of federal court
under Tort Claims Act to require United States to be impleaded as
third-party defendant not precluded by Seventh Amendment's guar-
antee of trial by jury. United States v. Yellow Cab Co., 543.
3. Right to jury trial-Waiver.-In action under Housing & Rent
Act for restitution independently of injunction, right to jury trial was
waived. United States v. Moore, 616.
1. Grand-jury witness-Communist connections.-Constitutional
right of grand-jury witness to refuse to answer questions concerning
connections with Communist Party, in view of Smith Act. Blau v.
United States, 159, 332; Rogers v. United States, 367.
2. Grand-jury witness-Waiver of privilege-Details.-Grand-jury
witness who had freely given self-incriminating testimony concerning
Communist connections could not invoke privilege as to questions
which would not incriminate further. Rogers v. United States, 367.
CONSTITUTIONAL LAW—Continued.
3. Grand-jury witness-Incrimination under Smith Act-Con-
spiracy. Questions relative to witness' activities in Communist Party
were incriminating both as to violation of Smith Act and conspiracy
to violate it. Rogers v. United States, 367.
4. Grand-jury witness-Books and records.-Books and records
kept in representative capacity cannot be subject of privilege.
Rogers v. United States, 367.
1. Interstate commerce-Sales of gasoline-Temporary local stor-
age. Sales of gasoline from other states did not lose interstate char-
acter by temporary storage at terminal in delivery area. Standard
Oil Co. v. Federal Trade Comm'n, 231.
2. State regulation-Natural gas-Conservation.-State may fix
minimum wellhead price for natural gas produced in state, though
destined for interstate commerce. Cities Service Gas Co. v. Peerless
Co., 179.
3. State health regulation-Milk-Discrimination.-City ordinance
forbidding sale of milk as pasteurized unless pasteurized within five
miles of city, invalid as unjustifiable discrimination against interstate
commerce. Dean Milk Co. v. Madison, 349.
4. State taxation-Corporation franchise tax-Exclusively inter-
state business.-Connecticut franchise tax for privilege of doing busi-
ness within State, invalid as applied to foreign corporation doing
exclusively interstate business. Spector Motor Service v. O'Connor,
602.
5. State taxation-Gross receipts of railroads-Apportionment to
mileage. Maryland nondiscriminatory tax on gross receipts of rail-
road, apportioned to mileage within State, valid though revenues from
handling exports and imports included. Canton R. Co. v. Rogan,
511; Western Maryland R. Co. v. Rogan, 520.
6. State taxation-Retailers' gross receipts-Foreign corporation-
Interstate sales.-Validity of Illinois tax on gross receipts from sales
to Illinois customers by foreign corporation with branch office and
warehouse in State. Norton Co. v. Department of Revenue, 534.
VIII. Imports and Exports.
State taxation-Gross receipts of railroads-Foreign trade.-Mary-
land franchise tax on railroads' gross receipts, valid though revenues
from handling exports and imports included. Canton R. Co. v.
Rogan, 511; Western Maryland R. Co. v. Rogan, 520.
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