206(1) (U.S.C.C.A.Hawaii) Statute of Hawaii regulating teaching of foreign language in . private schools held to abridge privileges and immunities of citizens, and to deprive them of liberty and property without due process of law (Rev. Laws Hawaii 1925, §§ 390-399). Farrington v. T. Tokushige, 11 F. (2d) 710.

X. EQUAL PROTECTION OF LAWS. classification 212 (U.S.D.C.La.) Whether under police power rests on reasonable public policy and has substantial relation thereto is test of its validity.-Herkness v. Irion, 11 F. (2d) 386.

229(1) (U.S.D.C.La.) State tax on rolling stock of nonresident oil company held not arbitrary, or violative of federal Constitution (Const. U. S. Amend. 14; Act La. No. 109 Ex. Sess. of 1921, § 5).-Sinclair Refining Co. v. Day, 11 F. (2d) 664.

229(3) (U.S.D.C.Ohio.) Public utility held denied equal protection of law when its property is assessed at true value while other property is assessed at 60 per cent. of true value (Const. U. S. Amend. 14).-Connecting Gas Co. v. Imes, 11 F. (2d) 191.

XI. DUE PROCESS OF LAW.

255 (U.S.C.C.A.Hawaii) Statute of Hawaii regulating teaching of foreign language in private schools held to abridge privileges and immunities of citizens, and to deprive them of liberty and property without due process of law (Rev. Laws Hawaii 1925, §§ 390-399).-Farrington v. T. Tokushige, 11 F. (2d) 710.

278(1) (U.S.C.C.A.Hawaii) Statute of Hawaii regulating teaching of foreign language in private schools held to abridge privileges and immunities of citizens, and to deprive them of liberty and property without due process of law (Rev. Laws Hawaii 1925, §§ 390-399).—Farrington v. T. Tokushige, 11 F. (2d) 710.

278(1) (U.S.D.C.La.) Statute or ordinance is not violative of Const. Amend. 14, § 1, merely because it deprives one of his liberty or property.-Herkness v. Irion, 11 F. (2d) 386.

278(1) (U.S.D.C.Neb.) Establishment of municipal plant for sale of oil and gas in competition with private persons is not deprivation of property without due process, even though private business is rendered unprofitable or property becomes less valuable (Const. Amend. 14). Mutual Oil Co. v, Zehrung, 11 F. (2d) 887. Amendment to charter, and ordinance thereunder, authorizing sale of oil and gasoline by city, held not in violation of federal and state Constitutions (Const. Neb. art. 1, § 3, and article 11, §§ 2-4).-Id.

278(1) (App.D.C.) Nolan Act, extending statutory limitations, held not invalid.-Kling v. Haring, 11 F. (2d) 202.

283 (U.S.C.C.A.La.) Ad valorem school tax on oil in tanks held not invalid, as constituting arbitrary taking of property without due process of law. Gulf Refining Co. of Louisiana v. Phillips, 11 F. (2d) 967.

283 (U.S.D.C.La.) State's distribution of transitory railroad property, for purpose of

taxation and allocation of tax to state purposes only, held proper (Const. Amend. 14).-Sinclair Refining Co. v. Day, 11 F. (2d) 664.

286 (U.S.D.C.Mich.) Gift tax, retroactively effective, held not taking of property without due process (Revenue Act 1924. §§ 319-324 [Comp. St. Supp. 1925, §§ 6336%s-6336%x]; Const. Amend. 5).-Blodgett v. Holden, 11 F. (2d) 180.

Const. Amend. 5, does not operate to limit or destroy broad powers of Congress to impose taxes.-Id.

318 (U.S.D.C.Va.) Penalty in addition to tax on illicit liquor held unlawful, no notice of assessment being provided for in statute (National Prohibition Act. tit. 2, § 35 [Comp. St. Ann. Supp. 1923, § 101381⁄2v]; Rev. St. § 3173. as amended by Act Feb. 24, 1919 [Comp. St. Ann. Supp. 1919, § 5896], and reproduced in Revenue Acts of 1921 and 1924 [Comp. St. Ann. Supp. 1923, Comp. St. Supp. 1925, § 5896]).—Coffey v. Noel, 11 F. (2d) 399.

CONTEMPT.

I. ACTS OR CONDUCT CONSTITUTING CONTEMPT OF COURT.

attacks

8 (U.S.C.C.A.Virgin Islands) Only on the tribunal, as distinguished from the judge, can be contempt and punishable as such.-Francis v. People of Virgin Islands, 11 F. (2d) 860. (U.S.C.C.A.Virgin Islands) Publication assailing the court and erroneously complaining of the writer's trial and conviction without a

9

jury, held a contempt, as calculated to prejudice the court in the public mind.-Francis v. People of Virgin Islands, 11 F. (2d) 860.

II. POWER TO PUNISH, AND PROCEEDINGS THEREFOR.

33 (U.S.C.C.A.Virgin Islands) Every court, colonial or national, has inherent power to enforce and protect administration of justice within its jurisdiction.-Francis v. People of Virgin Islands, 11 F. (2d) 860.

40 (U.S.C.C.A.W.Va.) Civil contempt proceedings are between original parties, whereas criminal contempt proceedings are between public and defendants and not part of original cause. U. S. ex rel. West Virginia-Pittsburgh Coal Co. v. Bittner, 11 F. (2d) 93.

Proceedings held criminal contempt proceedings.-Id.

66(112) (U.S.C.C.A.W.Va.) Jurisdiction of court to review contempt proceedings, depending on whether they are civil or criminal, can be disposed of by motion to dismiss.-U. S. ex rel. West Virginia-Pittsburgh Coal Co. v. Bittner, 11 F. (2d) 93.

66 (4) (U.S.C.C.A.W.Va.) Proceedings held criminal contempt proceedings wherein no appeal lay from decision exonerating defendants. U. S. ex rel. West Virginia-Pittsburgh Coal Co. v. Bittner, 11 F. (2d) 93.

Rule denying appeal from judgment for defendants in criminal cases applies in criminal contempt cases, notwithstanding statute (Criminal Appeals Act, March 2, 1907 [Comp. St. § 1704]).—Id.

CONTRACTS.

See Assignments; Bills and Notes; Frauds, Statute of; Guaranty; Sales; Specific Performance; Stipulations; Vendor and Purchaser.

1. REQUISITES AND VALIDITY.

(D) Consideration.

72 (U.S.C.C.A.Ala.) Agreement not to litigate is not legal consideration for contract, unless a prima facie ground for litigation exists. -U. S. Shipping Board Emergency Fleet Corporation v. Turner, 11 F. (2d) 921.

(E) Validity of Assent.

94 (3) (U.S.D.C.Mass.) Material misrepresentations, which are relied on and enter contract, avoid contract, regardless of fraud.-In re Barnet Mfg. Co., 11 F. (2d) 873.

Misrepresentations relating solely to inducements to contract, without becoming part thereof, do not furnish grounds for rescission, unless fraud is shown.-Id.

(F) Legality of Object and of Consideration.

103 (U.S.D.C.Minn.) Business transaction in violation of law cannot be made the foundation of a valid contract.-Smith v. Continental State Bank of Minneapolis, Minn., 11 F.(2d) 907.

113(3) (U.S.D.C.Minn.) Contract between member of bondholders' committee and purchaser of public ultilities property from committee for secret profit held void.-Marshall v. Lovell, 11 F. (2d) 632.

126 (U.S.C.C.A.Ga.) Contract to procure necessary legislation for construction of railroad held not void as against public policy. Drummond v. Steele, 11 F. (2d) 595.

138(3) (U.S.D.C.Minn.) Property delivered under an illegal contract cannot be recovered back by any party in pari delicto.-Marshall v. Lovell, 11 F. (2d) 632.

Dereliction of both intended purchaser of public utilities property and member of bondholders' committee in making agreement for secret profit held such that consideration paid thereunder could not be recovered.-Id.

Purchaser of public utilities property, paying secret profit to member of bondholders' committee, held not entitled to recover it on grounds of public policy.-Id.

II. CONSTRUCTION AND OPERATION. (A) General Rules of Construction.

171(1) (U.S.C.C.A.Mo.) Contract is entire when it shows that parties intended that each and all its parts and consideration are common each to the other and interdependent.-ObearNester Glass Co. v. Lax & Shaw, 11 F. (2d) 240.

III. MODIFICATION AND MERGER.

242 (U.S.C.C.A.Fla.) Structural steel contractor held entitled to extension of time and agreed additional compensation for completion on time, notwithstanding owners' arbitrary_refusal of extension.-Virginia Bridge & Iron Co. v. Camp, 11 F. (2d) 589.

COPYRIGHTS.

I. NATURE AND ACQUISITION.

4 (U.S.C.C.A.N.Y.) Ideas which are inserted in copyrighted work are not protected by copyright.-Dymow v. Bolton, 11 F.(2d) 690.

Infringement of copyright does not exist, if same idea can be expressed in totally different manners, as copyright law protects means of expressing ideas.-Id.

Protection accorded owner of copyright is of the intellectual product of the author.-Id. 7 (U.S.C.C.A.N.Y.) Subsection of plot presenting ambitious girl, willing to have ambition served by an ingenious young man, resulting in girl's gratification of ambition and requited affection on part of man, held not susceptible of copyright.-Dymow v. Bolton, 11 F. (2d) 690.

III. INFRINGEMENT.

(A) What Constitutes Infringement.

53 (U.S.C.C.A.N.Y.) Infringement of copyright is copying of some substantial and material part of that as to which statute affords protection.-Dymow v. Bolton, 11 F. (2d) 690.

Copying, to constitute infringement, must be able to be recognized by ordinary observation as having been taken from work of another. -Id.

CORPORATIONS.

See Banks and Banking; Carriers; Electricity; Gas; Municipal Corporations; Public Service Commissions; Railroads.

I. INCORPORATION AND ORGANIZATION. 18 (U.S.D.C.N.Y.) Charter is contract, essential part of which is certificate filed containing designation of principal place of business. -Gorman v. A. B. Leach & Co., 11 F. (2d) 454. III. CORPORATE NAME, SEAL, DOMICILE, BY-LAWS, AND RECORDS.

52 (U.S.D.C.N.Y.) Corporate change of residence or domicile, even within state, is invalid, unless allowed by or made pursuant to state statutes.-Gorman v. A. B. Leach & Co., 11 F. (2d) 454.

Corporation may be deemed to retain residence, abandoned in fact without complying with statute.-Id.

V. PERFORMANCE OR BREACH. 279(1) (U.S.C.C.A.Fla.) Refusal in vance to accept performance excuses a tender. -Clark v. Andrew, 11 F. (2d) 958.

279(2) (U.S.C.C.A.Fla.) Tender of performance is equivalent to performance.-Clark v. Andrew, 11 F.(2d) 958.

294 (U.S.C.C.A.N.Y.) Rule of strict performance of contract is relaxed only on substantial performance by one party of benefit to other, benefits of which are retained, when recovery may be had, subject to right to recoup damages. In re A. W. Cowen & Bros., 11 F. (2d) 692.

309 (2) (U.S.D.C.R.I.) Court will not imply term that subject-matter in power of one party to contract shall be kept in existence to provide accessory or subordinate benefit to other party.-Stockton Commission Co. v. Narragansett Cotton Mills, 11 F. (2d) 618.

316(6) (U.S.C.C.A.Ala.) Acceptance of delayed performance of contract specifying time of performance is not inconsistent with right to recover damages for delay.-R. B. Boak & Co. v. U. S. Shipping Board Emergency Fleet Corporation, 11 F. (2d) 523.

Purpose of by-law prohibiting corporation dealing in its own stock considered on issue of corporation's intent as to retirement in acquiring its own stock.-Id.

Failure to carry stock acquired by corporation as asset and liability held not to show that it was retired.-Id.

Evidence held to show that corporation did not intend to retire its own stock acquired by it. Id.

Agreement to retire common stock, which would leave less than $700,000 of common to about $6,000,000 of preferred stock, held void. Id.

68 (U.S.D.C.N.Y.) Own stock acquired by corporation held not retired.-Borg v. International Silver Co., 11 F. (2d) 143.

By-law prohibiting corporation from dealing in its own stock held not to retire stock purchased.-Id.

Corporation should not be deprived of use of

(B) Subscription to Stock.

72 (U.S.D.C.N.Y.) Whether it was better to sell treasury stock than to borrow held within discretionary powers of directors.-Borg v. International Silver Co., 11 F. (2d) 143.

74 (U.S.C.C.A.N.Y.) Stockholders have prior right to subscribe for new stock, but not to treasury stock.-Borg v. International Silver Co., 11 F. (2d) 147.

74 (U.S.D.C.N.Y.) Stockholders have first right to subscribe to new stock only.-Borg v. International Silver Co., 11 F. (2d) 143.

76 (U.S.C.C.A.N.Y.) Sale of treasury stock to highest bidder held proper method of sale by corporation; "value."-Borg v. International Silver Co., 11 F. (2d) 147.

(E) Interest, Dividends, and New Stock.

152 (U.S.C.C.A.N.Y.) Not unlawful in New Jersey to pay dividends out of profits, though capital is impaired.-Borg v. International Silver Co., 11 F. (2d) 147.

Dividends lawfully paid by New Jersey corporation under New Jersey laws are not unlawful in New York, where corporation does business. -Id.

V. MEMBERS AND STOCKHOLDERS. (C) Suing or Defending on Behalf of Corporation.

204 (U.S.D.C.Okl.) Stockholders' suit, seeking protection from illegal and ultra vires acts of their own company, is not action for benefit of corporation.-Keenan v. Gladys Belle Oil Co., 11 F. (2d) 418.

VI. OFFICERS AND AGENTS. (C) Rights, Duties, and Liabilities as to Corporation and Its Members.

316(3) (U.S.C.C.A.N.Y.) Directors cannot use to their own profit information as to value of treasury stock not available to other bidders. -Borg v. International Silver Co., 11 F. (2d) 147.

VII. CORPORATE POWERS AND LIABILI. TIES.

(A) Extent and Exercise of Powers in General.

376 (U.S.C.C.A.N.Y.) By-law prohibiting corporation from "buying" or otherwise "dealing" in its own stock held not applicable to stock acquired on dissolution of subsidiary. Borg v. International Silver Co., 11 F. (2d)

147.

VIII. INSOLVENCY AND RECEIVERS.

560 (4) (U.S.C.C.A.Pa.) Receivers of mortgage company, creature of Ohio corporation, held not entitled to recover from receivers of Pennsylvania corporation, another creature of Ohio corporation, for stock of mortgage company sold by Pennsylvania corporation, which had made full accounting to Ohio corporation.Ober v. White, 11 F. (2d) 833.

Mortgage company's receivers were entitled to return of fund forwarded to corporation selling its stock for purpose of paying dividends thereon; such fund having been deposited in special fund, and so remaining until receivership of both companies.-Id.

565 (5) (U.S.C.C.A.Okl.) Findings that stock was transferred by corporation as part consideration for lease interest, and that repurchase by president was separate transaction, sustained.-McCullough v. Satterthwait, 11 F.. (2d) 111.

XII. FOREIGN CORPORATIONS.

659 (U.S.C.C.A.China) Defendants, contracting with Russian corporation after its nationalization by decrees of Soviet government, held estopped to question corporation's capacity to sue on such contract.-Wulfsohn v. RussoAsiatic Bank, 11 F.(2d) 715.

COSTS.

IV. SECURITY FOR PAYMENT.

105 (U.S.D.C.La.) Defendant cannot compel plaintiff to give security for its costs (Act La. No. 136 of 1898; Act La. No. 203 of 1898; Act Feb. 11, 1925 [Comp. St. Supp. 1925, §§ 1383a-1383h]).-Sermons V. Kansas City

Southern Ry. Co., 11 F. (2d) 671.

V. AMOUNT, RATE, AND ITEMS. 184(10) (U.S.C.C.A.Alaska) Witnesses' per diem limited to days of attendance at trial and not taxable for time spent in coming and going (Comp. Laws Alaska, § 1462).-Deal v. Ü. S., 11 F. (2d) 3.

185 (U.S.C.C.A.Alaska) Mileage is taxable as costs only for such distance as is necessarily traveled by witness from place to which subpœna will run.-Deal v. U. S., 11 F. (2d) 3.

186 (U.S.C.C.A.Alaska) Necessary costs of deputy United States marshal in going to and returning from attendance at court as witness held taxable as costs.-Deal v. U. S., 11 F.(2d) 3.

COUNTIES.

II. GOVERNMENT AND OFFICERS. (A) Organization and Powers of Government in General.

22 (U.S.C.C.A.Mont.) Special assessment for local improvement on realty of national bank held not invalid, because laid in proportion to area, and not according to value (Rev. St. § 5219 [Comp. St. § 9784]).-Swords v. Nutt, 11 F. (2d) 936.

National banks are not mandatories of government, exempt from special assessment under state act (Laws Mont. 1917, c. 156, § 12). -Id.

Notice of adoption of resolution to create local improvement district held sufficient to validate assessment on land belonging to national bank, though no notice was given receiver of bank or his assignor (Laws Mont. 1917, c. 156, § 2).-Id.

Receiver of national bank held estopped to assert invalidity for want of notice to him of assessment for local improvement on bank's realty.-Id.