CONSTITUTIONAL LAW.-Continued.
V. Fourteenth Amendment.
(A) Due Process Clause.
1. Liberty. Freedom of Speech and Press. Right secured by First Amendment against abridgment by United States similarly secured by Fourteenth Amendment against abridgment by State. Schneider v. State, 147.
2. Id. Distribution of Printed Matter. Prohibition of distribu- tion of printed matter on streets, invalid. Id.
3. Id. Ordinance prohibiting distribution of literature not justi- fied by purpose to keep streets clean. Id.
4. Id. Prohibitory ordinance not validated by circumstance that it is enforced against distributor only if printed matter is thrown in streets by distributees. Id.
5. Id. Prohibition of distribution of printed matter not validated by limitation of operation to streets and alleys, leaving other public places free. Id..
6. Id. Canvassing. Ordinance forbidding canvassing unless li- censed by police, after inquiry and decision amounting to censor- ship, void as applied to one who delivered literature and solicited contributions in name of religion. Id.
7. Intoxicating Liquors. Statute forbidding transportation of in- toxicating liquors by other than licensed common carriers, valid. Ziffrin, Inc. v. Reeves, 132.
8. Foreign Corporation. As condition of doing local business, State may require designation of agent on whom process may be served. Neirbo Co. v. Bethlehem Shipbuilding Corp., 165.
9. Taxation. Inheritance Tax. Jurisdiction to Tax. Transac- tion involving foreign-held federal reserve notes was taxable trans- fer in contemplation of death. Pearson v. McGraw, 313.
10. Taxation. Foreign Corporations. Ratio of gross receipts from local business to entire gross receipts as measure of privilege tax on capital stock, etc., sustained. Ford Motor Co. v. Beau- champ, 331.
11. Criminal Proceedings. Right of Accused to assistance of counsel; opportunity for consultation; effect of denial of con- tinuance. Avery v. Alabama, 444,
(B) Equal Protection Clause.
Intoxicating Liquors. Statute forbidding transportation of in- toxicating liquors by others than licensed common carriers, valid. Ziffrin, Inc. v. Reeves, 132.
CONTINUANCE. See Constitutional Law, V, (A), 11. CONTRACTS. See Flood Control Act, 4.
1. Construction. Terms of Contract for sale of aircraft to United States did not require additional compensation to seller on account of federal Social Security taxes. U. S. v. Glenn L. Martin Co., 62. 2. Id. Query whether tax under state unemployment compen- sation statute is tax "imposed by Congress." Id.
CORPORATIONS. See Bankruptcy, 6; Constitutional Law, I, 3; II, 4-5; Taxation, II, 2, 8; III, 1–3.
1. Stockholders. Duties of dominant or controlling stockholders; validity and priority of claim in bankruptcy. Pepper v. Litton, 295.
2. Foreign Corporations. State constitutionally may require designation of agent on whom process may be served; such designa- tion gives consent to be sued in federal courts of State. Neirbo Co. v. Bethlehem Shipbuilding Corp., 165.
COUNSEL. See Constitutional Law, V, (A), 11. COUNTIES. See Indians.
CREDITORS. See Bankruptcy, 1-6.
CRIMINAL APPEALS ACT. See Jurisdiction, I, 4; II, 19-22. CRIMINAL LAW. See Evidence, 1-3; Jurisdiction, I, 4; II, 19–22. 1. Right of Accused to assistance of counsel; opportunity for consultation; effect of denial of continuance. Avery v. Alabama, 444.
2. Instructions to Jury. Failure of accused to testify; right to instruction that no presumption raised against him; refusal of in- struction was not "technical error." Bruno v. U. S., 287.
CURRENCY. See Constitutional Law, V, (A), 9.
DAIRYMEN. See Antitrust Acts.
DEATH TAX. See Constitutional Law, V, (A), 9. DECLARATORY JUDGMENT. See Jurisdiction, I, 2. DECREES.
See Texas v. New Mexico, 510.
DEDUCTIONS. See Taxation, II, 3-7.
DEPLETION. See Taxation, II, 7.
DEPRECIATION. See Taxation, II, 6. .
DIVERSITY OF CITIZENSHIP. See Constitutional Law, I, 6. ELECTION. See Labor Relations Act, 7.
1. What Constitutes Taking. Land in area of projected Boeuf Floodway not "taken"; compensation not required by Fifth Amend- ment or Flood Control Act. United States v. Sponenbarger, 256.
2. Id. Enactment of Flood Control Act; fluctuations in land values resulting; prosecution of program under Act, etc., as "taking." Danforth v. U. S.,, 271.
3. Time of Taking. Time of payment of money award by United States as time of taking under Flood Control Act. Danforth v. U. S., 271.
4. Interest. No interest accrues before taking. Id.
5. Proceedings. Value. Agreement of Secretary of War under Flood Control Act for purchase of flowage rights fixed value in later condemnation proceedings. Danforth v. U. S., 271.
EMPLOYER AND EMPLOYEE. See Interstate Commerce Acts, 5; Labor Relations Act.
EQUITY. See Bankruptcy, 1, 6.
ESTATE TAX. See Taxation, II, 12.
ESTOPPEL. See Judgments, 3-5.
EVIDENCE. See Criminal Law, 2; Trial, 1-3.
1. Admissibility. Wire Tapping. Evidence obtained by inter- ception of intrastate telephone communication inadmissible in fed- eral court. Weiss v. U. S., 321.
2. Id. Not only intercepted communications themselves, but also evidence procured through use thereof inadmissible. Nardone v. U. S., 338.
3. Id. Accused entitled to opportunity to prove that case against him was tainted by illicit wire-tapping. Nardone v. U. S., 338.
4. Burden of Proof. Federal court must follow local law as to burden of proof on issue of bona fide purchase of land. Cities Service Oil Co. v. Dunlap, 208.
5. Finding by Board of Tax Appeals that transaction between taxpayer and bank, in form a transfer of ownership, was in reality a mortgage, conclusive on review. Helvering v. Lazarus & Co., 252.
6. Finding that Flood Control Act program benefited lands of owner in Boeuf Floodway, sustained. United States v. Sponen- barger, 256.
EXEMPTIONS. See Constitutional Law, I, 1-2; Indians.
FARMERS. See Bankruptcy, 3-4.
FEDERAL INSTRUMENTALITY. See Constitutional Law, I, 1–3. FEDERAL RESERVE NOTES. See Constitutional Law, V, (A), 9.
FINDINGS. See Board of Tax Appeals; Evidence, 5-6; Labor Relations Act, 4.
FLOOD CONTROL ACT. See Jurisdiction, IV, 4.
1. Construction of Act. Compensation not required for lands benefited. U. S. v. Sponenbarger, 256.
2. Id. United States did not assume complete control over all levees to exclusion of local authorities. Id.
3. Id. Owner's "right of self defense" against floods held not taken away. Id.
4. Id. Flowage Rights. Agreement by Secretary of War to purchase, fixed value of rights in condemnation proceeding; time of payment by United States as time of "taking"; no interest accrues before taking. Danforth v. U. S., 271.
FORECLOSURE. See Bankruptcy, 3.
FOREIGN CORPORATIONS. See Constitutional Law, II, 4-5; V, (A), 8, 10; Venue, 3.
FREE PRESS. See Constitutional Law, V, (A), 1-6. FREE SPEECH. See Constitutional Law, V, (A), 1–6. GIFT TAX. See Taxation, II, 9-11.
GROSS RECEIPTS. See Constitutional Law, V, (A), 10. HANDBILLS. See Constitutional Law, V, (A), 2-6. HEARING. See Constitutional Law, III, 6.
HOME OWNERS' LOAN ACT.
Construction of Act. Exemption of Loans from State Taxa- tion. Mortgages taken by H. O. L. C. immune from Maryland tax. Pittman v. Home Owners' Loan Corp., 21.
HOT SPRINGS NATIONAL PARK. See Constitutional Law, I, 2. IMMUNITY FROM TAXATION. See Constitutional Law, I, 1–2; Indians.
INCOME TAX. See Taxation, II, 1-7.
Allotments. Exemption from Taxation. County not liable for interest in suit by United States on behalf of Indian allottee for recovery of taxes. Board of Comm'rs v. U. S., 343.
INDICTMENT. See Jurisdiction, II, 19-21.
INHERITANCE TAX. See Constitutional Law, V, (A), 9; Taxa- tion, II, 12; III, 4.
Jurisdiction of federal court under Interpleader Act of 1936; injunction against proceeding in state court involving same prop- erty. Treinies v. Sunshine Mining Co., 66.
INSOLVENCY. See Bankruptcy.
INSTRUCTIONS TO JURY. See Criminal Law, 2.
INSTRUMENTALITIES OF GOVERNMENT.
INTEREST. See Eminent Domain, 4; Taxation, II, 5.
Liability. County not liable for interest in suit by United States on behalf of Indian allottee for recovery of taxes; what law gov- erns. Board of Comm'rs v. U. S., 343.
INTERPLEADER. See Constitutional Law, I, 6.
Interplecder Act of 1936. Construction. Requirements as to diversity of citizenship satisfied where diversity exists as between claimants; authority of court to enjoin proceedings in other court involving same property. Treinies v. Sunshine Mining Co., 66. INTERSTATE COMMERCE ACTS. See Bankruptcy, 5; Juris- diction, IV, 1.
1. Jurisdiction of Commission. Pipeline Companies. Oil com- pany piping oil interstate to its own refineries, as subject to valua- tion provisions of Act; validity of order requiring company to furnish maps, charts and schedule of properties; significance of extent of company's operations; construction of §1 (b) (3) of Act. Valvoline Oil Co. v. United States, 141.
2. Jurisdiction of Commission. Stockyard Company in loading and unloading livestock provided "terminal facilities" for "trans- portation service"; was "common carrier" and charges were subject to regulation by Commission. Union Stock Yard Co. v. United States, 213.
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