MAIL CARS-Continued.

regulations of Postmaster General, Safety Appliance Act,
and regulations of Interstate Commerce Commission.
Pennsylvania R. R. v. Public Service Comm..

MANDAMUS:

Examination of facts as to work done, and construction by
Secretary of Interior that it was not opening or improving a

mine," not reviewable by mandamus. Alaska Smokeless
Coal Co. v. Lane...

MARRIED WOMEN. See Principal and Agent.

MASTER. See Procedure, VIII, 15.

MASTER AND SERVANT. See Constitutional Law, XI,
5-16, 36; XII, 2; Employers' Liability Act.

PAGE

566

549

Under law of Pennsylvania, servant who goes on with peri-
lous work under peremptory orders of master, although
knowing attendant danger, is not guilty of contributory
negligence unless he knows or should know that danger is
inevitable or imminent. Fillippon v. Albion Vein Slate Co. 76

MICHIGAN:

Maximum passenger rate law held confiscatory. Groesbeck
v. Duluth &c. Ry....

MIGRATORY BIRDS. See Constitutional Law, III, 4.

MILITARY SERVICE. See Claims, 2-4; Criminal Law, 8,
10, 12, 13.

MINES AND MINING. See Public Lands, I.

MISSISSIPPI. See Boundaries; Eminent Domain, 2.

MISSISSIPPI RIVER. See Boundaries.

MISTAKE. See Interstate Commerce Acts, 9-11.

MONOPOLIES. See Anti-Trust Act.

MOOT CASE. See Procedure, VIII, 7, 8; IX, 6.

607

MORTGAGES:

Regarded as "property; " situs for taxation at place other
than owner's domicile. De Ganay v. Lederer..

MOTIVE. See Anti-Trust Act, 1; Constitutional Law, VII,
4; Criminal Law, 13; Statutes, 6.

MUNICIPALITIES. See Constitutional Law, III, 5, 6, 7;
IV, 1; XI, 37; Ordinances.

Action against, for accounting and failure to sell lands and
apply proceeds to satisfaction of improvement certificates.
Benedict v. City of New York...

NATIONAL BANKS. See Franchises, 5.

Who are shareholders liable to assessment. See Principal
and Agent.

1. Director's Liability. In addition to specific duties under
National Banking Law, director is under common-law obliga-
tion to exercise care and prudence in supervision of bank's
affairs. Bowerman v. Hamner....

2. Id. Knowledge. Not essential element of common-law
liability. Id.

3. Id. Negligence. Wilful failure to attend meetings and
supervise affairs of bank renders director liable for loss re-
sulting from mismanagement by executive officers. Id.

4. Id. Absentee. Residence at distance from bank does not
excuse. Id.

5. Id. Proceedings to Enforce. Where bill charged both
statutory and common-law liability, and defendant obtained
dismissal on plaintiff's proofs and Court of Appeals reversed
and directed decree against him on ground that common-law
liability was established, defendant not entitled to new
trial on ground that that issue was not considered as in-
volved in District Court. Id.

6. Id. When Responsibility Continues. Director remains
responsible as such in absence of evidence that he has re-
signed or refused to qualify when reëlected. Id.

NAVIGABLE WATERS. See Admiralty; Boundaries;
Constitutional Law, III, 8, 9.

NAVY REGULATIONS. See Claims, 2.

PAGE

376

321

504

NEGLIGENCE. See Constitutional Law, XI, 5 et seq.; Em- PAGE
ployers' Liability Act; Interstate Commerce Acts, 14;
Master and Servant; National Banks, 1, 3.

NEW JERSEY:

Inheritance tax law sustained. Maxwell v. Bugbee....

525

NEWSPAPERS. See Criminal Law, 8, 10; Libel.

NEW YORK:

Workmen's Compensation Law; awards for disfigurement,
sustained. New York Cent. R. R. v. Bianc...

596

NEW YORK CITY:

Action against, for accounting and failure to sell lands and
apply proceeds to satisfaction of improvement certificates.
Benedict v. City of New York.....

NEW YORK HARBOR. See Admiralty, 4.

NONRESIDENTS. See Constitutional Law, VI, 2, 3; XI, 4,
34, 35, 39, 40; Jurisdiction, V, 7, 12-17; Taxation, I.

NONSUIT. See Pleading, 6–9.

NOTICE. See Constitutional Law, XI (2); Insurance;
Judicial Notice.

Of claim of loss. See Interstate Commerce Acts, 14.

OFFICERS. See Fees; Indians, 3, 5–9; Mail Cars; Manda-
mus; National Banks; Taxation, II.

Enjoining federal and state officials. See Jurisdiction, I,
3; V, 5; VIII.

President; power to initiate intrastate rates. See Federal
Control Act.

Id. Under Shipping Act of 1916. See Shipping Board, 2-4.
Id. Control of telephones and telegraphs. See Telephones
and Telegraphs.

Primary elections; investigation of violations of Corrupt
Practices Act. See Witnesses.

Administrative decisions. See Claims, 3; Constitutional
Law, I, 3; Customs Law, 2, 4; Interstate Commerce
Acts, 1, 4; Public Lands, I; II, 4, 8–11.

321

Suit to enjoin Postmaster General from interfering with
cable lines. Commercial Cable Co. v. Burleson....

360

ORDINANCES:

1. Requiring removal from public street of railroad track.
Denver & Rio Grande R. R. v. Denver...

PAGE

241

2. Validity of tax on telegraph poles and wires erected in
city streets under franchise. Mackay Tel. Co. v. Little Rock 94

OSAGE INDIANS. See Indians, 4, 5.

PAIN. See Constitutional Law, XI, 12.

PAROL EVIDENCE. See Evidence, 6.

PARTIES. See Injunction.

Intervention. See Equity, 8; Procedure, V.
Costs. See Procedure, III.

Service of process. See Jurisdiction, V, 12-17.

Enjoining federal and state officials. See Jurisdiction, V,
5; VIII.

Who may question constitutionality of statutes. See Con-
stitutional Law, XII.

When shareholder may sue in his own name. See Con-
tracts, 1.

When occupant of public lands may not avail of statute of
limitations or attack patent collaterally. See Public
Lands, II, 12.

1. United States. In suit to collect dividends on corporate
shares, United States acts in governmental capacity. Ches.
& Del. Canal Co. v. United States.

See Limitations, 1, 2.

2. Joint Obligors. In action on joint contract, all of obligors
are not indispensable parties; District Court may render
judgment against those over whom it has acquired jurisdic-
tion. Camp v. Gress.

123

308

3. Suit by Minority Shareholders, to affix trust on new shares
acquired by majority through unfair reorganization; old com-
pany is not necessary party. Southern Pacific Co. v. Bogert. 483
4. Id. Intervention. In class suit by minority, others in like
case may intervene in District Court after interlocutory
decree. Id.

5. Id. In such suit, application of other minority share-
holders to intervene in this court denied, without prejudice to
right to apply to District Court, the case being remanded. Id.

PARTITION. See Judgments, 11.

PARTNERSHIP. See Bankruptcy Act, 5.

PASSENGER FARES. See Carriers, 2-4.

PATENTS FOR INVENTIONS:

PAGE

1. Accounting; Jurisdiction. Suit by patentee for account-
ing for royalties under contract assigning patent is not one
arising under patent laws. Odell v. Farnsworth Co........ 501
2. Assignments; Unliquidated Claim Against United States.
Under Act of 1910, for infringement of patent, not assignable
with patent. Brothers v. United States..

3. Infringement. Patent No. 551,614, to Sarah E. Brothers
for "improvements in cable cranes with gravity anchors "
not infringed. Id.

888

4. Interpretation of Claims. Where claims called for
"pocket" without indicating whether it must be integral
or might be in two parts to be assembled, latter interpreta-
tion held correct, in view of language of another claim and
of specifications. Symington Co. v. National Castings Co.. 383
5. Priority. He of prior application and patent is pre-
sumptively prior inventor. Id.

6. Evidence. Oral testimony of prior invention as against
existing patent, in absence of models, drawings, etc., open
to suspicion. Id.

7. Mental Conception, in process of development, occa-
sionally outlined on scraps of paper, subsequently discarded,
and roughly worked into small model, not invention. Id.
8. Infringement. Patent No. 835,120, for improvements in
process of concentrating ores, by means of oils, sustained as
to certain claims. Minerals Separation v. Butte & Superior
Co.....

9. Construction of Claims. The claims cover use, in the
process, of oils of patent in amounts equal to any fraction
of one per cent. on the ore. Id.

10. Id. Strict. When inventor comes late into field well
developed and approaching results of his invention, patent
construed strictly. Id.

336