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§§ 5197, 5198 [U. S. Comp. St. 1901, p.

3493] .............................. . 233

§ 5438 [U. S. Comp. St. 1901, p. 3674]. 919
COMPILED STATUTES 1901.
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COMPILED STATUTES (SUPP.) 1905.

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CIVIL CODE 1896.

§1_800 .............. ...............49E ALASKA. CODE OF CIVIL PROCEDURE.

§§ 93,504....... ..... .. ...... . ...... 1 PENAL CODE.

§ 1 ..... . ..... . ....................... 35

§ 128 .............................. 50, 52

§§ 0... ................ 00000.0 35 CALIFORNIA.

CODE OF CIVIL PROCEDURE. §385.... ..... .. .......... ...... 14( CITY CHARTERS.

Los Angeles, art. 3, §§ 12, 31..... 554

LAWS.

1901 p. 267, ch. 103.................... 554

COLORADO.

MILLS’ ANNOTATED STATUTES. § 1508

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000.....0000.000.0000000000000002'7

IDAHO.

ANNOTATED POLITICAL CODE 1901. § 1318

LAWS. 1901, pp. 238, 247, 11, 31.00.000.000... 63

KANSAS.

GENERAL STATUTES 1901. § 0000.00.00.000000

LAWS.

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1874 p. 143, ch. 93. Amended by Laws 1963, p. 599, ch. 393 .................. 1903, p0 00000 000.000.00.000.

MAINE.

REVISED STATUTES. Ch. 113, §

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MICHIGAN. COMPILED LAWS 1897. §3846............ ........ ..... 9 0.00.00000.00.00.00.00000000000

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LAWS. LAWS.
1899, p. 410, No. 255 .......... . . . . . . . . . 869 1907, p. 250, ch. 216, § 4 ...... . . . . . ..... 190
1905, pp. 153, 154, No. 105 ........... . 869 1907, p. 20;, ch. 217, § 2 ..... . ..... .. . . . 756
p.507,NO.329................Ho. p0 469§7000000000000o000
MINNESOTA. OHIO-
LAWS.
GENERAL STATUTES 1866. _,
011.34 ................ . ..... esoilswp 100"" ------- ' --------- 118
LAWS- Q5 PENNSYLVANIA.
1%7, p. Che 232.000.000.000.0001-000 I
1849, p. 533. . ............. . .......... . 892
MONTANA. 1868, p. 58 ........................... . 407
Art. 15,§14 ................... 207
CIVIL CODE SHANNON’S CODE.
‘ - § 1574, subd. 4 ......................... 73
§1001 ..... ................. .....207 §§ 4456, 4458 ,,,,,,,,,,,,,,,,,,,,,, 712
CODE OF CIVIL PROCEDURE. A LAWS.
.. 1824, ch. 22, § 6 ................. . ...... 712
§2213(°) """" 207 1901, p.248, ch. 141 .................. .. 54
NEVADA- tV'ISCONer.
_ COMPILED LAWS. STATUTES 1893_
§§1237,1294,1298,1338_,,_,,,_,,,,,,,, 882 §1114 172
LAWS. " ' ' a
1905, p. 23, ch. 8, § 9 ............. .. 882 STENOGRAPHERS-
1%5 p0 Ch. ooooooooooooooo o o o o o
. phers’ fees, see “Bankruptcy,” § 5.
NEW JERSEY.
GENERAL STATUTES. STOCK-
Page 1966, § 46 ............ . . . . . . . . . . . . 697 In§ gational bank, 399 “Banks and Banking,”
NEW YoRK' STOCKHOLDERS.-

com: or CIVIL PROCEDURE.
§ 1351 ............................... . 690

REVISED STATUTES.
First Edition.

Volume 1.
Pt. 2, ch. 3, tit. 5, § 1. Amended by Laws -
1896, p. 642, ch. 572 ....... . ........... 674
LAWS.
1896, p. 642, ch. 572 ......... . ..... . . . . . 674

NORTH CAROLINA:
REVISAL 1905.

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§ 1. \ Establishment,
maintenance.
*A street railroad company incorporated un-
der Gen. St. Minn. 1866, c. 34, is governed by,
and derives its powers from, title 1 of said
chapter, relating' generally to quasi public cor—
porations which-are or may be authorized to
exercise the power of eminent domain and
might lawfully under said title fix -the time of
its duration at 50 years—Minneapolis St. Ry.
Co. v. City of Minneapolis (C. C.) 989.

construction, and

§ 1066, 1082, 1099, 1106, 1113, 2567 ..... 756
§ 2567. subsec. 9. Repealed by Laws 1907,

p. 675, ch. 469, § 7 .................... 756
§§ 2618, 5380............ .............. 756

'Point annotated. See syllabus.

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the selections made have been finally approved by the Land Department or the Secretary of the Interior, and until such time the lands are not taxable.—Clearwater Timber Co. v. Shoshone County, Idaho (C. C.) 612.

*A deed to public lands of the United States which had been selected by the grantor in lieu of forest reserve lands, but whose selection had not at the time been approved, held not to render such lands taxable.—Clearwater Timber Co. v. Shoshone County, Idaho (C. C.) 612.

Under the Revenue Law of Idaho (Sess. Laws 1901, p. 238, 247, §§ 11, 31), and Ann. " Code 1901, g 1318, real estate exempt from taxation on the second Monday of January in any given year does not become subject to taxation during that year, even though transferred to a person in whose hands it is no longer ex~ empt.—Clearwater Timber Co. v. Nez Perce County (C. C.) 633. '

i 2. Collection and enforcement against persons or personal property.

That a complainant was not the owner of lands at the time of an illegal levy of taxes thereon does not deprive it of the right to maintain a suit in equity to enjoin the enforcement of such taxes by a sale of the lands after it has become the owner.——Clearwater Timber Co. v. Shoshone County, Idaho (C. C.) 612.

A complainant is not debarred from main— taining a suit to enjoin the enforcement of taxes illegally levied upon lands because its bill did not allege it to be the owner of such lands, where no objection was taken to the pleading, and the proofs, taken by stipulation, establish its ownership.—-Clearwater Timber Co. v. Shoshone County, Idaho (C. C.) 612.

The mere fact that a complainant accepted and recorded a deed purporting to convey to it lands, the legal and equitable title to which were both in fact in the United States, does not estop it to maintain a suit in equity to enjoin the collection of taxes levied on said lands by the taxing officers of the county who had actual knowledge of the condition of the title and of the claim of complainant that the land was not taxable, and were not misled by such deed or record.—Clearwater Timber Co. v. Nez Perce County (C. C.) 633.

TELEGRAPHS AND TELEPHONES.

Arbitration between railroad company and railroad telegraphers, see “Arbitration and Award,” § 1.

Ordinances fixing telephone rates as denying due process of law, see “Constitutional Law,”

Ordinances fixing telephone rates as .denying equahprotection of law, see “Constitutional Law’

Ordinances fixing telephone rates as impairing obligation of contract, see “Constitutional Law,” § 4. _

Restraining enforcement of ordinance fixing telephone rates, see “Injunction,” § 2.

See “Customs Duties”; “Internal Revenue.”

Jurisdiction of United States court to restrain revenue officers of state from prosecuting proceeding under state statutes, see “Courts,” § 2.

Right 0 educational corporation to raise con-
stitutional question as to taxation of it: lands,
see “Constitutional Law,” § 1

Tax statement as privileged communication, see
“Witnesses,” § 1.

I 1. Nature and extent of power in
general.

Lands which have not been officially surveyed by the United States are not as a rule taxable, nor are they under the statutes of Idaho, and such a survey is not completed until it has been accepted by the Land Department.—Clcarwater Timber CO. v. Shoshone County, Idaho (C. C.) 612.

*The equitable title to public lands selected in lieu of lands in a forest reserve relinquished under Act June 4, 1897, c. 2, 30 Stat. 34 [U. S. Comp. St. 1901, p. 1538], or under Act March 2, 1899, 30 Stat. p. 993, c. 377, establishing the Mt. Rainier reservation, does not pass until

'Point annotated. See syllabus.

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Const. art. 4, § 33, providing for the regula-
tion of telegraph rates does not contemplate the
passage of a general state law, or regulation
through commissions, but by delegation of pow-
er to municipalities—Home Telephone & Tele-
graph Co. v. City of Los Angeles (C. C.) 554.

Under Los Angeles City Charter, art. 3, §
31, the city council had power to require tele_
phone companies doing business within the city
to submit reports of the value of their plants,
receipts, and expenditures in order to enable
the council to fix reasonable rates—Home Tele-
phorgfigégelegraph Co. v. City of Los Angeles
, . . .

Under Const. art. 4, § 33, and Los Angeles
City Charter, art. 3, §§ 12, 31, the city council’s
power to fix telephone rates held not limited to
the right to contract for a specified rate once
for all so as to preclude the passage of a sub-
sequent ordinance changing rates once fixed.—
Home Telephone & Telegraph Co. v. City of
Los Angeles (C. C.) 554.

A state has power to regulate charges for
telephone service and to delegate such power
to municipalities—Home Telephone & Tele-
graph Co. v. City of Los Angeles (C. C.) 554.

A city held not to have surrendered its power
to establish lower telephone rates from the
maximum rates fixed in a 50-year franchise by
the giving of such franchise, under Cal. St.
1901, p. 267, c. 103, providing for certain
telephonic and electrical facilities furnished
gratis to the city and a 2 per cent. gross cam-
ings tax.-—Home Telephone & Telegraph Co.
v. City of Los Angeles (C. C.) 554.

TERMS.

Of patents, see “Patents,” § 3.

TICKETS.

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TIMBER.

Removal of as waste, see “Waste.”

TIME.

For particular acts in or incidental to judicial
proceedings.
Filing petition for removal of cause, see “Re-
moval of Causes,” § 3.
Taking appeal or suing out writ of error, see
“Appeal and Error,” § 3.

For particular acts not judicial.
Declaration of final dividend in bankruptcy, see
“Bankruptcy,” § 7.
Filing claim for mechanic’s lien, see “Mechanics’
Liens,” § 2.

TITLE.

Color of title, see “Adverse Possession."

Of statute, see “Statutes,” § 2.

To trade-mark or trade-name, see “Trade-Marks
and Trade-Names,” § 2.

TORTS.

Causing death, see “Death,” § 1.

Particular torts.
See “Libel and Slander”; ,“W'aste.”
Maritime torts, see “Collision.”

Remedies for torts.

Removal of cause from state to United States
court, see “Removal of Causes,” § 2.

TOWAGE.

Collisions with tugs and vessels in tow, see
“Collision.” § 1.

*A steamer taken in tow by a tug to be moved
from her loading berth is responsible for the
proper fastening of the lines to her own bitts,
and, where she is injured by reason of the slip-
ping of a hawser thereon, the tug cannot be
held in fault.—The H. B. Moore, Jr. (D. C.) 380.

*A tug which undertook to tow a schooner
from Grays Harbor to sea held in fault for
her loss, where the tug left her for the night in-
securely anchored, awaiting a favorable tide
f0r crossing the bar, and she was drifted by a
high wind and the tide onto the bar and wreck-
ed. The schooner also held in fault because of
her insufficient anchor chains both of which
broke when subjected to strain.—The Printer
(D. C.) 441.

TOWNS.

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F'tgr 1transportation of passenger, see “Carriers,”

*Point annotated. See syllabus.

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TRADE-MARKS AND TRADE-NAMES.

§ 1. Marks and names subjects of ownership.

*The name “thite House,” and the picture of the White House at “’ashington, held to constitute a valid trade-mark and trade-name for plaintiff’s cofiee.—Dwinell-Wright Co. v. Co-operative Supply Co. (C. C.) 909.

§ 2. Title, conveyances, and contracts.

*A complainant held not entitled to a preliminary injunction to restrain the use of a name by defendant as an infringement of a trade-mark; it appearing from the showing made that defendant’s use was prior to that of complainant’s assignor.-—Deitsch v. George R. Gibson Co. (C. C.) 383.

*Complainant held on the evidence to have succeeded to the right to the use of the name “Old Crow” as a trade-mark for its whisky made according to a special formula, and to be entitled to protection in such exclusive use.— W. A. Gaines & Co. v. Kahn (C. C.) 639.

§ 3. Infringement and unfair competition.

*The proprietor of a medicine or remedy made in accordance with a secret formula, which knowingly makes false and fraudulent representations as to the ingredients of such remedy to the public through its advertisements and labels, cannot maintain a suit in equity to protect its business of selling or administering such remedy from invasion and injury by another.— Memphis Keeley Institute v. Leslie E. Keeley Co. (C. C. A.) 964.

*That a complainant comes into a court of equity with unclean hands, in that he is chargeable with fraudulent misrepresentations to the public in respect to the subject-matter of the suit, is not, strictly speaking, a defense, and need not be pleaded; but upon such fact appearing it will be given effect by the court in the interest of the public by refusing to grant relief to the complainant.—Memphis Keeley Institute v. Leslie E. Keeley Co. (C. C. A.) 964.

Evidence considered, and held to establish the claim that a complainant was chargeable with fraudulent misrepresentations to the public as to the ingredients of a medicine which it manufactured and sold.—-Memphis Keeley Institute v. Leslie E. Keeley Co. (C. C. A.) 964.

While mere delay or acquiescence will not defeat the right to an injunction to restrain infringement of a trade-mark, it may afford good ground for denying a preliminary injunction to put a stop to an established business prior to a final hearing—Havana Commercial Co. v. Nichols (C. C.) 302.

*The name “La Carolina,” as a trade-mark for cigars, is not invalid as either the name of an individual or a geographical name, and is infringed by the name “La Coralina” used also for cigars—Havana Commercial Co. v. Nichols (C. C.) 302.

*One who uses the trade-mark of another on spurious goods for the purpose of deceiving purchasers acquires thereby no right ’to such trade

‘Point annotated.

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mark as against another who subsequently sucé ceeds to the manufacture of the genuine goods so des1gna9ted.—W. A. Gaines & Co. v. Kahn'

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TR EATIES.

Treaties and statutes of the United States have always been practically put in the same class so far as judicial action is concerned, and a later treaty has the same effect on a prior statute that a later statute has, and may supersede it as a later statute may supersede a prior treaty. Nor is there any practical dis~ tinction as between a statute and a treaty with regard to its becoming presently effective without awaiting further legislation, which depends entirely upon its terms—United Shoe Machineryv. Duplessis Shoe Machinery Co. (C. C. A.)

TRIAL.

See “Reference”; “Witnesses.”

Trial of actions by or against particular classesof persons See “Railroads,” § 2.

Trial of particular civil actions or proceedings.

For causing death by operation of railroad, see “Railroads,” § 2. '

For causing death in general. see “Death,” § 1.

For personal injuries, see “Electricity.”

On insurance policy, see “Insurance,” § 2.

§ 1. Taking case or question from jury.

*While questions of negligence are ordinarily for the jury in federal courts, a case may bewithdrawn from the jury and a verdict directed for plaintiff or defendant, as may be proper, where there is no conflict in the evidence, or where it is so conclusive in its character that the court, in the exercise of its sound judicial discretion, would be obliged to set aside a verdict rendered in opposition to such QVldenCG.—‘ gtzussell v. Oregon Short Line R. Co. (C. C. A.)-:

*Under the rule of the federal courts, a court should direct a verdict where the evidence produced by the party on whom rests the burden of proof is insufficient to sustain a verdict in hisl fawn—National Ass’n of Ry. Postal Clerks v. Scott (C. C. A.) 92. ‘

TRUSTS. ‘

Combinations to monopolize trade, see “Monopolies,” § 1.

Trust deed, see “Chattel Mortgages”; “Mortgages.”

§ 1. Creation, existence. and validity. Under St. Wis. 1898, § 1114, a county, to which a city has turned over for collection delinquent special assessments on real estat pledged by the city for the payment of improvement bonds, does not become a statutory trustee for the bondholders who have no standing in a court of equity to require an accounting from it. —Olmsted v. City of Superior (C. C.) 172. ‘

See syllabus. ,

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