POLICE POWER OF THE STATES-continued.)

A patent for illuminating oil, is no defense for violating a State regu-
lation forbidding the sale of such oil.

74!

A State cannot collect the expenses of maintaining paupers, or of c-
ercising its police laws, by a tax on immigrants.

460

POST OFFICE.
NON-MAILABLE MATTER.

A postal card, on which is written a demand for a debt, coupled with
a threat to place the account with a lawyer, or law agency for collec-
tion, is non-mailable matter under the provisions of the Act of Con-
gress of September 26, 1888
582

But a demand for a debt may be written upon a postal card, if
couched in respectful language, and not put in such form as to attract
public attention or make it offensive to the person addressed. 582
The Acts and the cases under them considered
585-592

PRINCIPAL AND SURETY.

BOND.

PAYMENTS BY MISTAKE

Made by the Post Office Department to contractors, may be recovered
back at the suit of the United States . . .

71

Surety is liable on bond for accounting by clerk of a District Court
ordered under the practice of the Court.

- 551

CONTRIBUTION

Refused in equity to an administrator of the paying surety after delay
of eighteen years

... 551

INSANITY

No excuse for delay on the part of co-surety, where trustee ap-
pointed..

551

PRIVILEGE.

SERVICE Of Process

In a civil suit upon one who has been brought from another State by
requisition and, after hearing, discharged from custody, but has not
left the court room, is void

408

PROCESS. See LEGAL HOLIDAYS, PRIVIlege.

PUBLIC LANDS.

MILITARY LAND WARRANT,

When located, vests the title at once in the holder and .ocator, and is
payment for the land.

72

TIMBER

Unlawfully severed from public lands and purchased by a railroad
company, may be recovered back from the latter at the suit of the
United States.

135

PUBLIC OFFICERS.

HABITUAL DRUNKENNESS

Chargeable to an official, so as to render nim liable .o removal from
his office under a constitutional provision, when he drinks to excess
six or eight times a year
· 334
SECRETARY OF THE TREASURY

May be compelled by mandamus to deliver a draft for his compensa-
tion to a government contractor, whose work has been approved . 624

PUBLIC OFFICES. See LEGAL HOLIDAYS.

PUBLIC SCHOOLS. See CHRISTIANITY.

RAILROADS. See COMMON CARRIER, MASTER AND SERVANT.
CONTRIBUTORY NEGLIGENCE.

Driving for two miles on a railroad track constitutes contributory
negligence, and the drunkenness of a person injured thereby does not
affect the question of his negligence
. 135

RAILROADS―(continued.)

... 33:

Is not chargeable to a passenger in the caboose of a freight train who
gets up while the train is in motion and is thrown down and jure
by a sudden jerking of the engine
Stumbling over baggage in the aisle of a passenger car, which coul
have been plainly seen, will not entitle person thus injured to dam
ages from the railroad company

335

COUPON TICKET

Over different lines does not render the company issuing it liable fo:
injuries sustained by the holder while riding over one of the connect
ing lines.

.. 72

FARE. See Return Ticket.

Of passenger may be refused after the train has been stopped for the
purpose of ejecting him for the non-payment of his fare . . . . . 207
FREE PASS,

Exempting from liability, frees the company from responsibility for
negligence
· 38€
391-404

Conflict in the decisions upon the question considered
INFANT

Who is injured while trespassing upon a railroad track, cannot re-
cover damages from the railroad company ...
....335

INJUNCTION

Will not be granted against a railroad company upon an allegation
that the running of its trains constitute a nuisance to persons residing
near its tracks, unless it be shown that there is some abuse or negli-
gent use by the railroad of its franchise

.. 624

INTERSTATE COMMERCE.

Equity has no power to compel a railroad to enter into contract
with another road for a joint through rate and routing of freight and
passengers under act relating to
LIABILITY.

...548

The fact that traveler's goods are lost in a sleeping car does not re-
lieve the railroad company ..
. . 266

LIVE STOCK.

Lookout for live stock upon its track need not be kept by a railroad
company, in order to relieve it from liability to the owners of cattle
killed by its trains
135

Statute making the killing of cattle by engines or cars prima facie
evidence of negligence, applies to cattle yoked to a cart and in charge
of a driver..
.. 207

LOOKOUT.

Engineer when not passing through an incorporated town or city or
crossing a public street or highway, not bound to look out for persons
on track . .
. . . 795

NEGLIGENCE

In the emission of sparks from a locomotive can only be rebutted by
showing proper appliances were used by a skilled engineer . . . 551
RETURN TICKET.

Condition requiring a return ticket to be stamped and signed at the
place of destination before it is used for return passage, is binding
upon the passenger presenting it, though he may have failed to read
the condition

.. 72

SIGNAL

Need not be given by a railroad train when approaching a private
farm crossing.

207

Need not be given before starting a train which has been stopped at a
point not a station, for the purpose of taking on wood. . . . . . 624
Speed.

In the discretion of the company when not passing through an in-
corporated town or passing a public street or highway.

- 795

RAILROADS―continued.)

STOCKHOLDER

Is not liable for the negligence of the officers, agents or employees of
a railroad company in the operation of its road, though the stock-
holder is another railroad corporation . .
RECORDS. See MUNICIPAL CORPORATIONS.

.385

Right of abstractor to examine municipal

49

49

Annual statement of sales for unpaid taxes, made by receiver of taxes,
delivered to city treasurer, is a public record
Statutes and decisions affecting the rights of abstract companies and
private persons to examine, discussed and considered
60-68
Alabama
Colorado

Georgia
Kansas

Michigan

RGISTRATION. See ELECTIONS.

64, 66 Minnesota
67
64, 67, 68
63, 66
49, 65, 67

New Jersey
New York.
Pennsylvania
Wisconsin

RELIGION. See CHRISTIANITY.

RELIGIOUS TEACHING. See CHRISTIANITY.

REMOVAL OF CAUSES.

ACT OF 1887.

Cause in which some of the defendants are residents and others non-
residents, wherein there is only a single controversy, cannot be re-
moved under . . .
... 796
DIVERSE CITIZENSHIP.

62
60, 65, 67

66
65
61, 68

When a creditor's bill cannot be removed from a State Court on the
ground of diverse citizenship, where one or more of the defendants are
citizens of the same State as the plaintiffs.
... 207

LIMITATION.

Extension of time to answer in the State Court does not extend the
time to file a petition for removal to the Federal Court
. . 135
LOCAL PREJUDICE

SET-OFF.

Sufficient ground for removal only when all the parties to the action
on one side are citizens of the State where suit is brought, and all on
the other side are citizens of other States.

LOSS OF TRADE

72

Not sufficiently established by an affidavit of the party, stating that
he has reason to believe and does believe that he will not be able to
obtain justice in the State Court. .

136

Causes may be removed from the State to the Federal Courts under
Act of March 3, 1887, on the ground of local prejudice

. . 796

SALE.

OLEOMARGARINE

Is sold when served with a meal in a restaurant, although not eaten
by the customer
. 207
WARRANTY

Will not be implied that a specific article of a known and recognized
kind and description shall answer the purpose for which it is intended
to be used.
. 207

SCHOOLS. See CHRISTIANITY.

SCHOOL ROOM.

A place of worship within the constitutional prohibition as contained
in the Fifteenth Amendment
. .286

Counter-claim for, by selling inferior articles when not sustained in
action for price of goods sold

552

SHIPPING.

LIMITED LIABILITY ACT

Of Congress (Act of June 19, 1886) is constitutional .
NEGLIGENCE.

134

Vessel using fog horn sounded by the breath, instead of by bellows, is
guilty of negligence

795

Vessel running at the rate of seven knots an hour, in a frequente.t
part of the ocean, and in a thick fog, is guilty of
. . .795
PHYSICIAN.

Failure of a freighting vessel to provide is not a neglect of duty. 552
SLANDER.

PUBLIC OFFICERS.

What words, when spoken of a public officer, are actionable, without
averment of special damage, when they impute positive incapacity or
misconduct
.. 335

SLEEPING CAR COMPANIES

Liable to the same responsibilities and obligations as inn-keepers, in
respect to passengers' goods.

The security of travelers requires such a rule

The previous cases establish a contrary rule .

259-265

The difference between, and an inn-keeper pointed out, and the cases
examined.
. 265

The question considered with reference to a steamboat owner and the
cases examined.

.265

Not an inn " on wheels'

. 266

.

Made on Sunday is valid. .

TAXATION. See INTERSTATE COMMERCE.

251
251

STATUTES. See LEGAL HOLIDAYS.

Right conferred by, upon "all persons," is conferred upon any per-

son....

50

.

STATUTE OF FRAUDS

Does not apply to contract to support a child until of age
STEAMBOAT OWNER. See SLEEPING CAR COMPANIES.

The question as to the liability of, as an inn-keeper, consid-
ered.
.. 265-266

STREETS.

Pedestrian injured by a dangerous nuisance which the city allows a
private corporation to maintain in its street, may recover damages
from the city.
. 324

SUNDAY LAWS. See LEGAL HOLIDAYS.
RUNNING TRAINS

On Sunday is not illegal in West Virginia
WILL

796

335

- 335

EXEMPTION.

A school using its receipts for maintenance is within the exemption
of a statute relieving the real estate of scientific institutions occupied
by them for the purposes for which they were incorporated . . . 136
TELEGRAPHS.

DELAY

In the transmission of a message, calling the person to whom it is ad-
dressed to a dying relative, is not excused by the fact that the tele-
graph company was not informed of the relationship of the par-

208

ties
HIGHWAY.

Erection of telegraph poles and stringing of wires along a highway al-
ready dedicated to the public constitutes an additional servitude for
which additional compensation must be made to the owners of the
soil.
. 720

INDEX.

ELEGRAPHS-(continued.)

LICENSE TAX

Cannot be imposed upon a telegraph company engaged in interstate
commerce to a greater amount than is necessary to defray the cost of
supervising and controlling its wires and poles for the protection of
property and person
MENTAL SUFFERING

..136

Will not of itself support an action of damages against a telegraph
company for the failure to deliver a message

.. 136

RAILROAD COMPANY

953

May construct a telegraph line over its right of way for its own use
and benefit in the operation of its road, without rendering itself liable
to the land owners for additional compensation, but not so when the
line is constructed for a different purpose . .
UNFAVORABLE ATMOSPHERIC CONDITIONS

... 208

Do not excuse the dropping out of words in the transmission of a tele-
graphic message.

. 272

TENDER. See COMMON CARRIERS.

A VALID.

Exact amount must be offered.

Change must not be required
WAIVER.

A payee, by saying it will be useless to exhibit the money to him,
when such money is present, waives his right to insist that no proper
tender was made
. . 93

TONNAGE TAXES.

A State law, authorizing a municipality to collect wharfage from ves-
sels laden with the products of other States and countries, while such
dues are not demanded from vessels laden with the same articles when
produced in the State, is a regulation of interstate-commerce, and is
void
. . 817
The denial to the States, of the power to lay any duty of tonnage with-
out the consent of Congress, was intended to protect the freedom of
commerce, and therefore does not invalidate legitimate wharf dues
measured by the capacity of the vessels using the wharves. . . . 817
Local taxation of vessels by their capacity instead of by value, is un-
constitutional
817

TRADE MARKS.
INFRINGEMENT

Is made out if the defendant's imitations lead to the conclusion that
they were methodically intended.
. . 796
The words "Warren Hose Supporter," used in connection with a hose
supporter connected with a stocking and placed as labels on boxes
containing hose supporters, are to be protected as

....796

JURISDICTION.

195
195

Suit cannot be brought in the Circuit Court for infringing trade marks
used in foreign commerce under Act of March 3, 1881, both parties
being in the State . .
. . . 796

May be used as a trade mark descriptive of hay knives
OLD MACHINES

NAME

Of place where goods are manufactured may be used as a trade mark
in combination with other words.
.. 208

Of manufacturer may be used as a trade mark, but not to the exclu-
sion of the right of another person of the same name
"LIGHTNING "

208

· 335

May be bought by a manufacturer, repaired, repainted and sold again,
without removing the original trade mark

"SINGER "

Cannot be used as a trade mark for sewing machines

336
336

.