toms or rules, and the issue of patents there- | Boycott. 2. One who attempts to relocate a mining claim on the theory that the required amount of annual assessment work has not been done, with full knowledge of the location and boundaries of the claim, cannot assert a forfeiture of title for failure, on the part of the original locators, to comply with the mining rules respecting notices of location. Yosemite Gold Min. & Mill. Co. v. Emerson, 374 3. Ground embraced in a mining location may become a part of the public domain so as to be subject to another location before the expiration of the statutory period for performing annual labor if, at the time been an actual abandonment of the claim by when the second location is made, there has the first locator. Farrell v. Lockhart, 994 4. The senior location takes the entire width of the vein on its dip, where the apex of such vein is partly within two or more adjacent lode mining claims. Lawson v. United States Min. Co. 65 3. A combination by members of labor organizations to destroy an existing interstate traffic in hats by preventing the manufacturers, through the instrumentality of a boycott, from manufacturing hats intended for transportation beyond the state, and to prevent their vendees in other states from reselling the hats so transported, and from further negotiating with the manufacturers for the purchase and transportation of such hats from the place of manufacture to the various places of destination, is a combination "in restraint of trade or commerce among the several states," within the meaning of the anti-trust act of July 2, 1890 (26 Stat. at L. 209, chap. 647, U. S. Comp. Stat. 1901, p. 3200), the members of which are der § 7 of that act, may be recovered by liable for the threefold damages which, unviolations of the act, although a negligible those injured, in business or property by amount of intrastate business may be affected in carrying out the combination, and although the members of the combination are not themselves engaged in interstate commerce. Loewe v. Lawlor, MORTGAGE. 488 Laches in attacking attachment sale of property covered by, see Limitation of Actions, 3. Liability of trustee in mortgage for expenses of receiver, see Receivers. MOTIVE. 5. Priority of entry and patent does not conclusively establish seniority of location, so as to give the holder of a lode mining claim under such patent the right to the entire width of the vein on its dip, where part of the apex of such vein is within such claim and part within an adjoining claim. MULTIFARIOUSNESS. Lawson v. United States Min. Co. 65 6. The acquiescence by the judgment debtor in an invalid judicial sale of his interest in a mining claim cannot be regarded as an abandonment of the claim and an election to accept the sale as a disposition of his property. Crary v. Dye, 595 MONOPOLIES. 1. An Oklahoma compress company, though financially embarrassed, cannot lease its entire property and good will to a foreign corporation, with a covenant to lend its assistance to discourage competition against its tenant, and to refrain from engaging in the business of compressing cotton within 50 miles of any plant operated by the tenant, where such lease is executed in pursuance of a plan to assemble under one management or ownership the compression business in the cotton-producing states. Shawnee Compress Co. v. Anderson, 865 Evidence of, see Evidence, 12-14. See Pleading, 3. MUNICIPAL CORPORATIONS. Requiring railway company to repair Estoppel of, see Estoppel, 1. 1. Municipal power to grant an exclusive franchise cannot be deduced from provisions 2. Any combination whatever to secure of the Kansas statutes conferring, inter alia, action which essentially obstructs the free power to provide for the general welfare, flow of commerce between the states, or re- and to enable the municipality to construct stricts, in that regard. the liberty of a water and lighting plants of its own, or to trader to engage in business, is within the make contracts with any person or cominhibition of the anti-trust act of July 2, pany for such purposes, and giving such 1890 (26 Stat. at L. 209, chap. 647, U. S. person or company the privilege of furnishComp. Stat. 1901, p. 3200), against com- ing light for streets, lanes, or alleys for any binations "in restraint of trade or commerce length of time not exceeding twenty-one among the several states." Loewe v. Law-years, especially where the section most lor. 488 relied upon as conferring this power had been so amended before its attempted exer- | Criminal law; former jeopardy in retrial 257 Carriers; effect of statutory provisions 681 252 on higher charge after setting aside Injunction; against dealing in nontransfer- able railroad tickets. 171 Insurance; liability of reinsurer as affected 950 ment. 436 Monopolies; validity of agreement not to duction of books and papers as un- one's own name as tradename. 481 NOTICE. Necessity and sufficiency of, to afford Copyright notice, see Copyright, 4, 5. Of mining location, see Mines, 1, 2. OFFICERS. Judicial interference with judicial dis- Extinguishing official emoluments by Attorney general as party to injunction Timber culture entry by employee of land office, see Public Lands, 4-6. Ratification of acts of military governor of Cuba, see United States, 1. Islands, to be used by him in connection with | property acquired during marriage, which his military command in the preparation and the bill seeks to administer and distribute. display of an exhibit at the Louisiana Pur- Garzot v. Rios De Rubio, 794 chase Exposition, did not make him a civil Intervention. officer, so as to be amenable to P. I. Pen. Code, art. 300, punishing the falsification of a public document by a public official. Carrington v. United States, 367 OYSTERS. 3. A Federal circuit court which has acquired jurisdiction over a street railway company, and has appointed receivers for it, may, in its discretion, permit another street railway company to intervene, making it a party defendant, and extending the State regulation of oyster industry, see receivership to it, where the two companies Commerce, 8. PAINT. Validity of statute prohibiting manufacture and sale unless label shows ingredients, see Constitutional Law, 16, 33. PAINTING. Copyright in, see Copyright, 3-5. Following local construction of Ha- PARTIES. Who may invoke appellate jurisdiction, see Appeal and Error, 30. On appeal, see Appeal and Error, 52 56. Who may be heard on appeal, see Ap peal and Error, 64. Alignment of, to test diversity of citi- Capacity of Roman Catholic church to sue, see Religious Societies, 1. 1. The duty imposed upon the attorney general of a state by the common law and statutes, requiring him to cause proceedings to be instituted against any corporation whenever it shall have offended against the laws of the state, and to enforce the railroad rate law at the instance of the railroad commission, sufficiently connects him with the enforcement of the statute to make him a proper party to a suit to enjoin its enforcement. Ex parte Young, 714 2. The mother's estate and her children by a second marriage are necessary parties defendant to a bill which seeks to set aside for fraud a family settlement made between the mother and the children of the first marriage, to annul the title which apparently flowed therefrom, to avoid collaterally decrees of the Porto Rican courts concerning the same, and to set aside, as simulated and fraudulent, the sales made in virtue of the title apparently vested by the settlement, where such bill, though alleging that the property transferred to the mother by such settlement was acquired by the nusband by inheritance, contains no averment concerning the property allotted to the daughters which tends to rebut the legal presumption of community as to the sustained respectively the relation of lessee and lessor, and their interests are inextricably bound together. Re Reisenberg, PARTNERSHIP. 403 A lien in favor of the partner contributing the entire capital and necessary advances to a land partnership is created by a provision of the partnership agreement for the repayment of the whole sum advanced by him for the venture before any division of profits is declared, although some earlier provisions in the agreement treat the advance of a part of the capital as a loan to the other partner. Smith v. Rainey, PATENTS. 679 Review on certiorari of concurrent findings in patent case, see Certiorari, 1. State regulation of sale of patented articles as denying equal protection of the laws, see Constitutional Law, 32. Sufficiency of evidence of notice of license restriction on use of patented article, see Evidence, 15. Injunctive relief against infringement, see Injunction, 3, 3a. The doctrine of equivalents may be invoked for all patents and not merely for pioneer ones, but the range of equivalents depends upon and varies with the degree of invention. Continental Paper Bag Co. v. Eastern Paper Bag Co. PAY. 1122 Of naval officer, see Army and Navy. PERJURY. Error in admitting evidence of other Conspiracy to suborn, see Conspiracy. spiracy to suborn perjury, see In- PHILIPPINE ISLANDS. Increasing sentence in appellate tribu- Former jeopardy in, see Criminal Law. Sufficiency of criminal complaint, see | standing and past due, to enforce the col Indictment, etc., 1. Preservation of private rights by treaty with Spain, see International Law, 3, 4. Criminal Liability of Army officer as public official, see Officers. Liability of United States for paper furnished for use in, see United States, 2. 2. The consent of defendant to the appointment of receivers, without setting up the defense that the complainants were not judgment creditors who had issued an execution which was returned unsatisfied, in whole or in part, amounts to a waiver of that defense. Re Reisenberg, 403 3. An objection of multifariousness based on misjoinder of parties and causes of action does not lie against a bill to enjoin ticket brokers from dealing in nontransferable reduced-rate excursion tickets, where the acts complained of as to each defendant were of a like character, their operation and effect upon the rights of the complaining carrier were identical, the relief sought against each defendant being the same, and the defenses which might be interposed being common to each defendant, and involving like legal questions. Bitterman v. Louisville & N. R. Co. 171 4. A bill by stockholders of a railroad company to enjoin it from complying with a statute relating to rates sufficiently sets out the reason for their commencing it and making the company a party defendant, by alleging that they had demanded of the corporate officers that they refuse obedience to the statute, and should institute suits to prevent its enforcement, but that the company and its officers had positively refused to do so, not because they considered the rates just, or that they would not be confiscatory, but because of the severity of the penalties provided for violation of the statute, to the ruinous consequences of which they would not subject themselves, and which no action by themselves, their stockholders, or directors, could avoid. Ex parte Young, PLEDGE. 714 Recovery of property pledged with bankrupt, see Bankruptcy, 3, 5, 6. Stockbroker as pledgee, see Brokers, 1. The right of the indorser of a note out1186 lateral held by him to secure him against liability on his indorsement, consisting of a note secured by a trust deed, is a matter solely between himself and the pledgeors, with which the purchasers of the property covered by the trust deed, under a sale made in attachment proceedings, are not concerned, where they have failed to establish their claim that the collateral had been extinguished by payment. Southern Pine Lumber Co. v. Ward, POLICE POWER. 420 Validity of license tax on intoxicating liquors under Wilson act, see Commerce, 12. Prohibiting diverting water beyond state as exercise of, see Waters, 2. See also Constitutional Law, 6. POLITICAL CONTRIBUTIONS. Solicitation of, see Civil Service. PORTO RICO. Writs of error from Federal Supreme Court to supreme court of Porto Rico, see Appeal and Error, 24, 25. Review of facts on appeal from Porto Rico district court, see Appeal and Error, 84. Jurisdiction of Porto Rico Courts, see Courts, 2, 3. Conflict of probate jurisdiction between Federal district court of Porto Rico and local court, see Courts, 33. Judicial notice of historical and political matters, see Evidence, 2. Judicial notice of lack of distinction between law and equity in, see Evidence, 3. Powers and rights of Roman Catholic PORTS. Church in, see Religious Societies. PRIVATE LAND CLAIMS. Statute authorizing recovery of excess PRIVILEGE. Of witness, see Witnesses. Delay as waiver of resulting trust in public lands, see Trusts. 1. The authority of the Commissioner of the General Land Office under the timber and stone act of June 3, 1878 (20 Stat. at L. 89, chap. 151, U. S. Comp. Stat. 1901, p. From arrest, see Writ and Process, 2. 1545), $ 3, to prescribe regulations to car PRIVILEGES AND IMMUNITIES. See Constitutional Law, 28, 29. PRIVITY. ry out the provisions of that act, does not Of owner to defeat limitation of lia- cluded from the requirements to be observed PROBATE COURTS. Jurisdiction of Porto Rico courts, see during the time allowed for an appeal to 2. A soldier's declaratory statement filed Courts, 3. PROBATE JURISDICTION. Conflict of jurisdiction between Federal PROCESS. See Writ and Process. PROMOTERS. the Secretary of the Interior from a decision of the Commissioner of the General Land Office against the validity of a prior homestead entry confers no rights upon the applicant, where, by a rule of the Land Department in force when a patent for the land is finally issued, no application will be received or any rights recognized as initiated by the tender of an application for a tract embraced in an entry of record until Sales to promoters of corporation, see ords of the local office. Holt v. Murphy, said entry has been canceled from the recCorporations, 1. 271 3. The omission in the timber and stone act of June 3, 1878, § 3 (20 Stat. at L. 89, chap. 151, U. S. Comp. Stat. 1901, p. 1545), exacting on the final application some of the requirements made necessary on the original application for the purchase of land requirements of the statute regarding a under that act, of any reiteration of the speculative purpose on the part of the applicant, his bona fides, and his intent to acquire the land for himself alone, is equivalent to an express declaration by Congress PROXIMATE CAUSE. The negligence of one who carelessly places herself in a position exposed to danger cannot, as matter of law, be said to be the proximate cause of an injury, if her negligence was discovered in time to avoid the injury by the use of reasonable care, and such care was not exercised. Chunn v. City & Suburban R. Co. 219 PUBLICATION. 3, 4. As affecting copyright, see Copyright, that these requirements shall not be exacted at the final hearing. Williamson v. United States, PUBLIC CONTRACTS. Requirement as to execution, see Con- Entry by employce of Land Office. Equal protection of the laws in, see Constitutional Law, 27. 278 4. A special agent of the General Land Office is prevented from making a valid timber-culture entry by U. S. Rev. Stat. § 452, U. S. Comp. Stat. 1901, p. 257, prohibiting officers, clerks, and employees in the General Land Office from directly or indirectly purchasing or becoming interested in the purchase of any of the public land. Prosser V. Finn, 392 Retroactive effect of statute protecting 3. PUBLIC LANDS. Conspiracy to suborn perjury in pro- dians, 4, 5. Mining claim, see Mines. visions of the U. S. Rev. Stat. § 452, U. S. Comp. Stat. 1901, p. 257, prohibiting officers. clerks, or employees in the General Land Office from entering lands within the public domain, did not embrace a special agent of the Land Office, can confer no interest upon such special agent which will prevent the government, by its proper officer or department, from canceling his entry. Prosser v. Finn, 392 6. Continuing in possession after ceasing |