juries because of their race. Said section does not embrace a case
in which a right is denied by judicial action during a trial, or in the
sentence, or in the mode of executing the sentence. For such denials
arising from judicial action after a trial commenced the remedy lies
in the revisory power of the higher courts of the State, and ulti-
mately in the power of review which this court may exercise over
their judgments whenever rights, privileges or immunities claimed
under the Constitution or laws of the United States are withheld
or violated. The denial of or inability to enforce in the judicial
tribunals of a State, rights secured by any law providing for the
equal civil rights of citizens of the United States, to which § 611
refers, and on account of which a criminal prosecution may be re-
moved from a state court, is primarily, if not exclusively, a denial of
such rights or an inability to enforce them, resulting from the con-
stitution or laws of the State, rather than a denial first made mani-
fest at and during the trial of a case. Neal v. Delaware, 103 U. S.
370, and Gibson v. Mississippi, 162 U. S. 565, affirmed to the above
points. Murray v. Louisiana, 101.

TAX AND TAXATION.

1. The mandates in these cases, (161 U. S. 134,) are recalled, and so much
of the judgment of the state court as permits a recovery against the
holders of the old stock in the bank is reversed; and the judgment,
so far as it permits a recovery for taxes assessed against the holders
of the new shares in the bank, is affirmed. Bank of Commerce v.
Tennessee, 416.

2. Personal property, bequeathed by will to the United States, is subject
to an inheritance tax under state law. United States v. Perkins, 625.
3. Under the Statutes of New York the United States are not a corpora-
tion, exempted from such inheritance tax. Ib.

See CONSTITUTIONAL LAW, 1, 2.

TRADE MARK.

See PATENT FOR INVENTION, 2 to 7.

TORT.

1. In an action to recover for injuries suffered by reason of disease being
communicated to herds of plaintiffs' cattle through negligence of the
defendants in handling and managing their herds of cattle, allegations
concerning the particular spot where the disease was communicated
are not material and may be disregarded—especially if never called
to the attention of the trial court. Grayson v. Lynch, 468.

2. Witnesses not experts may testify as to symptoms observed by them in
the progress of the disease. Ib.

3. The plaintiff being in uncontroverted possession of the land on which
his cattle were grazing, it is immaterial in this action whether his
possession was lawful. 1b.

4. The objections to the admissibility of the testimony of the chief of the
veterinary division of the Department of Agriculture, and of others,
as experts have no merit. Ib.

5. The court was not bound to find, upon the facts, that the plaintiffs
were guilty of contributory negligence: what care it was necessary for
the plaintiffs to take, and was a proper question for the court. Ib.
See INTEREST.

ULTRA VIRES.

See RAILROAD, 10, 11.

VARIANCE.

No variance between the allegations of a pleading and the proofs offered to
sustain it is material unless it be of a character to mislead the opposite
party. This rule is applied to sundry assignments of error. Grayson

v. Lynch, 468.

WAR CLAIM.

See JURISDICTION, D.

WARRANTY.

See CONTRACT.