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permit the trains of the claimant to proceed upon their journey, aris-

ing from the mere detention and delay occasioned thereby. 1b.
6. It appearing from the findings of the court below that “plaintiff's ani-

mals were often used to aid in hauling governinent trains; and thus
did extra work on insufficient food; ” and this being a possible ground
for recovery to some extent for property taken and impressed into the
service of the United States; and it not appearing in the findings what
amount is properly allowable therefor, the case is remanded for further

proofs and findings in that respect. Ib.
7. On a petition for a writ of mandamus to the Secretary of State to com-

pel him to pay to the petitioner the interest or income derived from
the investment of a sum of money received by a predecessor of his,
in office, as part of an award made by the Spanish-American Claims
Commission, which sum of money had been eventually paid to the
petitioner : Held, that the Secretary was not liable to pay such interest
or income, because (1) The award was to be paid by the Spanish gov-
ernment to the government of the United States ; (2) It was paid by
the Spanish government to the Secretary of State of the United
States, representing the government of the United States ; (3) The
money withheld was withheld by the United States, and the peti-
tioner's claim, based on the withholding, was a claim against the

United States. Angarica v. Bayard, 251.
8. Section 3737 of the Revised Statutes respecting the transfer of con-

tracts with the United States does not embrace a lease of real estate,
to be used for public purposes, under which the lessor is not required
to perform any service for the government, and has nothing to do, in
respect of the lease, but to receive from time to time the rent agreed

to be paid. Freedman's Saving and Trust Co. v. Shepherd, 494.
9. When the government, as lessee of real estate occupied by it, recognizes

through its proper officers a transfer of the property and an assign-
ment of the lease, and an assignment of rent under it, and pays the
rent, there is nothing in § 3477 Rev. Stat. respecting transfers and
assignments of claimis against the United States which invalidates
that transaction for the benefit of a third party. 16.

See INTEREST;

SALARY;

SET-OFF.
COLLECTOR OF CUSTOMS.

See PRINCIPAL AND AGENT.

COLLISION.
See COURT AND JURY, 1.

COMMON CARRIER.
See COURT AND JURY, 1;

RAILROAD, 2.
VOL. CXXVII-51

CONFLICT OF LAW.
See JURISDICTION, A, 6; B, 9; E.

CONSTITUTIONAL LAW

A. CONSTITUTIONAL LAW OF THE UNITED STATES.

1. The State Board of Equalization of California having included in their

assessment all the franchises of a railroad company, amongst which
were franchises conferred by the United States, of constructing a rail-
road from the Pacific Ocean across the State as well as across the Ter-
ritories of the United States, and of taking toll thereon; held, that the
assessment of these franchises was repugnant to the Constitution and
laws of the United States and the power given to Congress to regulate
commerce among the several States. California v. Central Pacific

Railroad Co., 1.
2. Franchises conferred by Congress cannot, without its permission, be

taxed .by the States. 16.
3. Congress has authority, in the exercise of its power to regulate com-

merce among the several States, to construct, or authorize individuals
or corporations to construct, railroads across the States and Territories

of the United States. 16.
4. The Statute of Missouri which, as construed by the Supreme Court of

that State, authorizes a special administrator, having charge of the
estate of a testator pending a contest as to the validity of his will, to
have a final settlement of his accounts, conclusive against distributees,
without giving notice to them, is not repugnant to the clause of the
Constitution of the United States which forbids a State to deprive
any person of his property without due process of law. RoBards v.

Lamb, 58.
5. The statute of Kansas of 1874, c. 93, § 1, p. 143, Comp. Laws Kansas,

1881, p. 784, which provides that “ Every railroad company organized
or doing business in this State shall be liable for all damages done to
any employé of such company in consequence of any negligence of its
agents, or by any mismanagement of its engineers, or other employés,
to any person sustaining such damage," does not deprive a railroad
company of its property without due process of law; and does not
deny to it the equal protection of the laws; and is not in conflict with
the Fourteenth Amendment to the Constitution of the United States

in either of these respects. Missouri Pacific Railway Co. v. Mackey, 205.
6. This case is affirmed on the authority of Missouri Pacific Railway Co.

v. Mackey, ante, 205. Minneapolis & St. Louis Railway v. Herrick, 210.
7. A single tax, assessed under the laws of a State upon receipts of a tele-

graph company which were partly derived from interstate commerce
and partly from commerce within the State, and which were capable
of separation but were returned and assessed in gross and without
separation or apportionment, is invalid in proportion to the extent

chat such receipts were derived from interstate commerce, but is other-
wise valid; and while a Circuit Court of the United States should
enjoin the collection of the tax upon the portion of the receipts de-
rived from interstate commerce, it should not interfere with those
derived from commerce entirely within the State. Ratterman v. West-

ern Union Telegraph Co., 411.
8. The decisions of this court respecting the taxation of telegraph com-

panies reviewed. 16.
9. The provision in article 3 of the Constitution of the United States that

“the trial of all crimes, except in cases of impeachment, shall be by
jury," is to be construed in the light of the principles which, at com-
mon law, determined whether or not a person accused of crime was
entitled to be tried by a jury; and, thus construed, it embraces not
only felonies punishable by confinement in the penitentiary, but also
some classes of misdemeanors the punishment of which may involve

the deprivation of the liberty of the citizen. Callan v. Wilson, 340.
10. The provisions in the Constitution of the United States relating to

.trial by jury are in force in the Districe of Columbia. Ib.
11. A person accused of a conspiracy to prevent another person

from pur-
suing a lawful avocation, and, by intimidation and molestation, to
reduce him to beggary and want, is entitled, under the provisions of

the Constitution of the United States, to a trial by jury. 16.
12. The Police Court of the District of Columbia is without constitutional

power to try, convict, and sentence to punishment a person accused of
a conspiracy to prevent another person from pursuing his calling and
trade anywhere in the United States and to boycott, injure, molest,
oppress, intimidate and reduce him to beggary and want, although the
Revised Statutes relating to the District of Columbia provide that

any party deening himself aggrieved by the judgment of the Police

Court may appeal to the Supreme Court” of the District. 16.
13. Where a telegraph company is doing the business of transmitting mes-

sages between different States, and has accepted and is acting under
the telegraph law passed by Congress July 24th, 1806, no State within
which it sees fit to establish an office can impose upon it a license tax,
or require it to take out a license for the transaction of such business.

Leloup v. Port of Mobile, 640.
14. Telegraphic communications are commerce, as well as in the nature of

postal service, and, if carried on between different States, they are
interstate commerce, and within the power of regulation conferred
upon Congress, free from the control of state regulations, except such
as are strictly of a police character; and any state regulations by way
of tax on the occupation or business, or requiring a license to transact

such business, are unconstitutional and void. Ib.
15. A general license tax on a telegraph company affects its entire

business, interstate 'as well as domestic or internal, and is unconsti-
tutional. 16.

16.

16. The property of a telegraph company, situated within a State, may be

taxed by the State as all other property is taxed; but its business of

an interstate character cannot be thus taxed. 17. The Western Union Telegraph Company established an office in the

city of Mobile, Alabama, and was required to pay a license tax under a city ordinance, which iinposed an annual license tax of $225 on all telegraph companies, and the agent of the company was fined for the non-payment of this tax: in an action to recover the fine, he pleaded the charter and nature of occupation of the company, and its acceptance of the act of Congress of July 24th, 1866, and the fact that its business consisted in transmitting messages to all parts of the United

States, as well as in Alabama: Held, a good defence. 16. 18: The Fourteenth Amendment to the Constitution was not designed to

interfere with the exercise of the police power by the State for the protection of health, the prevention of fraud, and the preservation of

the public morals. Powell v. Pennsylvania, 678. 19. The prohibition of the manufacture out of oleaginous substances, or

out of any compound thereof other than that produced from unadulterated milk or cream from unadulterated milk, of an article designed to take the place of butter or cheese produced from pure unadulterated milk or cream from unadulterated milk; or the prohibition upon the manufacture of any imitation or adulterated butter or cheese, or upon the selling or offering for sale, or having in possession with intent to sell, the same, as an article of food, is a lawful exercise by the State of

the power to protect, by police regulations, the public health. Ib. 20. Whether the manufacture of oleomargarine, or imitation butter, of the

kind described in the act of the legislature of Pennsylvania of May 21, 1885, (Laws of Penn. of 1885, p. 22, No. 25,) is, or may be, conducted in such a way, or with such skill and secrecy, as to baffle ordinary inspection, or whether it involves such danger to the public health as to require, for the protection of the people, the entire suppression of the business, rather than its regulation in such manner as to permit the manufacture and sale of articles of that class that do not con. tain noxious ingredients, are questions of fact and of public policy,

which belong to the legislative department to determine. Ib. 21. The Statute of Pennsylvania of May 21, 1885, “ for the protection of

the public health, and to prevent adulteration of dairy products and fraud in the sale thereof” neither denies to persons within the jurisdiction of the State the equal protection of the laws; nor deprives persons of their property without that compensation required by law; and is not repugnant in these respects to the Fourteenth Amendment

to the Constitution of the United States. 16, 22. No mode is provided by the Constitution and laws of the United States

by which a person, unlawfully abducted from one State to another, and held in the latter State upon process of law for an offence against the State, can be restored to the State fronı which he was abducted. Mahon v. Justice, 700.

23. There is no comity between the States by which a person held upon an

indictment for a criminal offence in one State can be turned over to the authorities of another .State, although abducted from the lat

ter. 13. 24. A, being indicted in Kentucky for felony, escaped to West Virginia.

While the governor of West Virginia was considering an application from the governor of Kentucky for his surrender as a fugitive from justice, he was forcibly abducted to Kentucky, and when there was seized by the Kentucky authorities under legal process, and put in jail and held to answer the indictment. Held, that he was not entitled to be discharged from custody under a writ of habeas corpus

from the Circuit Court of the United States. 16. 25. The authority of Congress to protect the poll books which contain the

vote for a member of Congress, from the danger which might arise from the exposure of these papers to the chance of falsification or other tampering, is beyond question, and this danger is not removed because the purpose of the conspirators was to falsify the returns as to state officers found in the same poll books and certificates, and not those of the member of Congress. In re Coy, 731.

See Costs;

INDICTMENT;
JURISDICTION, A, 4;
PUBLIC LAND, 5.

B. CONSTITUTIONAL LAW OF A STATE.

By the constitution of California two modes of assessment for taxation

are prescribed : one, by a state board of equalization; the other, by county boards and local assessors. All property is directed to be assessed in the county, city, etc., in which it is situated, except that the franchise, roadway, road-bed, rails, and rolling-stock of any railroad operated in more than one county, are to be assessed by the state board, and apportioned to the several counties, etc. By an act of the legislature the state board is required to include in their assessment steamers engaged in transporting passengers and freights across waters which divide a railroad. This act was held by the Supreme Court of California, in San Francisco v. Central Pacific Railroad Co., 63 Cal. 469, to be contrary to the constitution, and steamboats were held to be assessable by the county board, and not by the state board. This court, following that decision, and that of Santa Clara County v. Southern Pacific Railroad Co., 118 U. S. 394, holds that the assessment of the steamers of a railroad company by the state board is in violation of the constitution of California, and void; and, being inseparably blended with the other property assessed, it makes the whole assessment void. California v. Central Pacific Railroad Ço., 1.

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