FEDERAL POWERS.
See CONSTITUTIONAL LAW, 9.
FEDERAL QUESTION.
See APPEAL AND Error;
CONSTITUTIONAL LAW, 3;
JURISDICTION.
FIFTH AMENDMENT.
See CONSTITUTIONAL LAW, 10.
FINDINGS OF FACT.
See PRACTICE AND PROCEDURE, 7.
See CONSTITUTIONAL LAW, 6;
PERSONAL RIGHTS;
STATES, 2.
See MORTGAGES AND DEEDS of Trust;
FOREIGN CORPORATIONS.
See JURISDICTION, A 8; B 2;
PROCESS;
STATES, 6.
FOURTEENTH AMENDMENT.
See CONSTITUTIONAL LAW;
COURTS, 3.
FULL FAITH AND CREDIT.
See CONSTITUTIONAL LAW, 11, 12;
JUDGMENTS AND DECREES, 5.
GOVERNMENTAL POWER.
See CONSTITUTIONAL LAW, 9;
CONTRACTS, 4;
STATES, 1, 2.
GOVERNMENT INSTRUMENTALITIES.
See TAXES AND TAXATION, 2, 3, 4.
GRANTS.
See CONTRACTS, 4.
GREAT BRITAIN.
See EXTRADITION, 2, 3;
TREATIES.
HABEAS CORPUS.
See COURTS, 3.
HEARSAY EVIDENCE.
See EVIDENCE.
HOMESTEADS.
See PUBLIC LANDS, 1, 2.
HOMICIDE.
See CRIMINAL LAW, 1.
IMPAIRMENT OF CONTRACT OBLIGATION.
See CONSTITUTIONAL LAW, 5;
1. Allotments-Secretary of Interior to determine who are members of tribe—
Mandamus will not lie to control his decision.
While the promise of the United States to allot 160 acres to each member
of the Wichita band of Indians under the act of March 2, 1895, 28
Stat. 876, 895, may confer a right on every actual member of the band,
the primary decision as to who the members are must come from the
Secretary of the Interior; and, in the absence of any indication in the
act to allow an appeal to the courts for applicants who are dissatisfied,
mandamus will not issue to require the Secretary to approve the selec-
tion of one claiming to be an adopted member of the tribe but whose
application the Secretary has denied. West v. Hitchcock, 80.
2. Control by Department of Interior over adoption of whites into tribes.
In view of long established practice of the Department of the Interior, and
the undoubted power of Congress over the Indians, this court will
hesitate to construe the language of §§ 441, 463, Rev. Stat., as not
giving the Department of the Interior control over the adoption of
whites into the Indian tribes. Ib.
3. Jurisdiction of Secretary of Interior to determine right to select land.
Where the Secretary of the Interior has authority to pass on the right of
one claiming to be a member of a band of Indians to select land under
an agreement ratified by an act of Congress, his jurisdiction does not
depend upon his decision being right. Ib.
INDICTMENT.
See CRIMINAL Law, 5;
JURISDICTION, A 5, 6.
INHERITANCE TAX.
See CONSTITUTIONAL LAW, 5.
INJUNCTION.
See JURISDICTION, B 3.
INSTRUCTIONS TO JURY.
See CRIMINAL LAW, 2;
VERDICT.
If an insurance company does business in a State it must do so subject to
such valid regulations as the State adopts. Whitfield v. Etna Life Ins.
Co., 489.
2. Defenses to actions on policies of life insurance; limitation by States.
The statute of Missouri, that suicide, unless contemplated when the policy
was applied for, shall be no defense to actions on policies of life in-
surance, is a legitimate exercise of the power of the State; and a stipu-
lation in a policy that the company shall only be liable for a portion
of the amount in case of suicide, not contemplated when the policy
was applied for, is void, and cannot be set up as a defense. Ib.
See BANKRUPTCY, 2;
JURISDICTION, A 8;
STATES, 6.
JUDGMENTS AND DECREES.
1. Right to attack validity of judgment sued on.
Whatever remedies may exist as to the judgment in the State where ren-
dered, want of jurisdiction may be pleaded by the judgment debtor
wherever the judgment is set up against him in another forum. Wet-
more v. Karrick, 141.
2. Correction of clerical mistake cannot be made after term without notice.
Although a mistake in regard to a judgment may be a clerical one it can-
not be corrected after the term without notice, especially where the
condition of the parties has changed in view of new rights acquired
which render it prejudicial to enter a new judgment. Ib.
3. Judgment rendered after loss of jurisdiction and without notice to party,
invalid.
Jurisdiction once lost can only be regained by some proper notice to the
other party and where, as in this case, had notice been given of the
motion to render a new judgment defendant could have pleaded a
discharge in bankruptcy, substantial rights are impaired, and the
judgment so rendered without notice is void. Ib.
4. When judgment final under Massachusetts law.
In Massachusetts the rule day when a judgment becomes final is equivalent
to the end of a term, and in that State the rule is that judgment is
final unless set aside within the exceptions for mistake. Ib.
5. Validity of new judgment rendered after term at which original judgment
entered.
A court which has once rendered a judgment in favor of a defendant, dis-
missing the cause and discharging him from further attendance, can-
not, after the term or at a subsequent term, without notice to the
defendant, set that judgment aside and render a new judgment against
the defendant; a judgment so entered is void and not required to be
enforced in another State under the full faith and credit clause of the
Constitution. Ib.
A judgment on demurrer is as conclusive as one rendered on proof. North-
ern Pacific Railway v. Slaght, 122.
See CONSTITUTIONAL LAW, 11, 12;
JURISDICTION, A 7; B 6;
RES JUDICATa, 1, 2.
JUDICIAL DISCRETION.
See CRIMINAL LAW, 4.
JUDICIAL NOTICE.
See COURTS, 4.
JUDICIAL SALES.
See SALES, 2, 3.
JURISDICTION.
A. OF THIS COURT.
1. Amount in controversy-Commissions of fiduciary convicted of embezzle-
ment-Review of judgment of Court of Appeals of District of Columbia.
One who embezzles money from an estate forfeits his right to commissions,
irrespective of whether he is or is not convicted of any crime in respect
thereto, and his conviction does not involve the pecuniary amount of
the commissions which he forfeits by reason of the embezzlement; nor
does the fact that such commissions amount to over $5,000 give this
court jurisdiction under § 233 of the Code to review the judgment of
the Court of Appeals of the District of Columbia affirming the con-
viction. The rule that a writ of error does not lie from this court to
the Court of Appeals of the District of Columbia in a criminal case
applies in such a case. Fields v. United States, 292.
2. Conclusiveness of judgment of state court.
Whether a state lien statute, otherwise constitutional, applies to vessels
not to be used in the waters of the State; on whose credit the supplies
were furnished; whether the lien was properly filed as to time and place;
and what the effect thereof is as to bona fide purchasers without notice,
are not Federal questions, but the judgment of the state court is final
and conclusive in this court. The Winnebago, 354.
3. Of appeal or writ of error from territorial court under act of March 3, 1905.
Where no right of appeal existed when the final judgment was entered in
the Supreme Court of a Territory, an appeal or writ of error will not lie
under the act of March 3, 1905, 33 Stat. 1035, granting appeals in
certain cases, because after final judgment a petition for rehearing
was entertained and not finally denied until after the passage of the
act. Harrison v. Magoon, 501.
4. Under § 709, Rev. Stat.; materiality of question of citizenship.
The question of citizenship is immaterial as affecting the jurisdiction of
this court under § 709, Rev. Stat. As a general rule aliens are subject
to the law of the territory where the crime is committed. Barrington
v. Missouri, 483.
5. To review decision of state court as to compliance with state statute.
Under the laws of Missouri the right of accused to the endorsement of names
of witnesses on the indictment does not rest on the common law but
on state statute, and whether the provisions have been complied with
is not a Federal question and the decision of the state court is not open
to revision here. Ib.
6. Of writ of error where Federal questions alleged to have been raised are with-
out merit-Review of rulings of state court in criminal case.
Although the brief alleges that certain Federal questions were duly raised
in the state court and so disposed of as to sustain the jurisdiction of
this court, if those questions are wholly without merit, or foreclosed
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