CIVIL CODE 1896.

88 5197, 5198 [U. S. Comp. St. 1901, p.

34931
8 5438 (U. S. Comp. St. 1901, p. 3674]... 919

233 $ 1800

49€

COMPILED STATUTES 1901.
Page 6

ALASKA,

945
Page 508

488

CODE OF CIVIL PROCEDURE.
Page 573

321
Page 577
543 88 93, 504

1
Page 580.

389
Page 583

908

PENAL CODE.
Page 589

543 / $ 1
Page 592
190 Š 128

.50,
Page 683

65188 186, 188
Page 684

389
Page 724

510
Page 1211

667

CALIFORNIA.
Page 1533

612
Page 1628

264

CODE OF CIVIL PROCEDURE.
Page 1631

143, 264 $ 385
Page 1639
213

140
Page 1670

. 146, 149, 303
Page 1672

144

CITY CHARTERS.
Page 1673
144, 265 Los Angeles, art. 3, 88 12, 31.....

554
Page 1674

502
Page 1679

213

LAWS.
Page 1682

265
Page 1688
502 1901 p. 267, ch. 103...

554
Page 1933

144, 146
Page 2302

253
Page 2943

11, 364

COLORADO.
Page 2944

364
Page 2945

11 MILLS' ANNOTATED STATUTES.
Page 3154

305
Page 3156

854
§ 1508

278
Page 3200

869
Page 3205

..1001
Page 3382

842

IDAHO.
Pages 3391, 3392

531
Page 3395

301, 543 ANNOTATED POLITICAL CODE 1901.
Pages 3406, 3417.

116
Page 3427

.553, 645, 674, 688
§ 1318

63
Page 3430

271
Page 3432

100

LAWS.
Page 3435

694 1901, pp. 238, 247, 88 11, 31........ 63
Page 3436

692
Page 3444

686
Page 3445

100

KANSAS.
Page 3447

684
Page 3448

272

GENERAL STATUTES 1901.
Page 3451

233, 237, 267
Page 3493
2338 1221

51
Page 3543

436
Page 3674

919

LAWS.
COMPILED STATUTES (SUPP.) 1905.

1874, p. 143, ch. 93. Amended by Laws
1903, p. 599, ch. 393...

65
Page 279
428 1903, p. 599, ch. 393.

65
Page 599

305, 945
Page 663

842
Page 684

553, 674

MAINE.
Page 689

100
Page 690

272

REVISED STATUTES.
PRESIDENT'S PROCLAMATION.
Ch. 113, § 5......

SUPPLEMENTAL PLEADING.

A provision in a contract between a city and the selections made have been finally approved
a street railroad company that the city should by the Land Department or the Secretary of the
not reduce fares below five cents was not abro- Interior, and until such time the lands are not
gated by a subsequent contract, providing that taxable.--Clearwater Timber Co. y. Shoshone
in the construction, maintenance and opera- County, Idaho (C. C.) 612.
tion" of its lines the company should be subject
to all present or future ordinances of the city.-

*A deed to public lands of the United States
Minneapolis St. Ry. Co. v. City of Minneapolis which had been selected by the grantor in lieu
(O. C.) 989.

of forest reserve lands, but whose selection had

not at the time been approved, held not to ren-
A contract between a street railroad com- der such lands taxable.-Clearwater Timber
pany and a city, by which the city reserved Co. v. Shoshone County, Idaho (C. C.) 612.
power to fix the rate of fare, but subject to the
limitation that it should not reduce the same Under the Revenue Law of Idaho (Sess.
below five cents, held not abrogated by a Laws 1901, pp. 238, 247, $$ 11, 31), and Ann.
change made by the company in its motive Code 1901, 81318, real estate exempt from
power with the consent of the city council. - taxation on the second Monday of January in
Minneapolis St. Ry. Co. v. City of Minneapolis any given year does not become subject to taxa-
(C. C.) 989.

tion during that year, even though transferred
to a person in whose hands it is no longer ex-

empt.--Clearwater Timber Co. v. Nez Perce
SUBMISSION.

County (C. C.) 633.
To arbitration, see "Arbitration and Award,” | $ 2. Collection and enforcement against
$ 1.

persons or personal property.

That a complainant was not the owner of
SUIT.

lands at the time of an illegal levy of taxes

thereon does not deprive it of the right to main-
See “Action."

tain a suit in equity to enjoin the enforcement

of such taxes by a sale of the lands after it
SUMMONS.

has become the owner.--Clearwater Timber Co.

v. Shoshone County, Idaho (C. C.) 612.
See “Process."

A complainant is not debarred from main-
taining a suit to enjoin the enforcement of
taxes illegally levied upon lands because its

1. Regulation and operation.

*Const. Mont. art. 15, § 14, Civ. Code, §

TIMBER.

TIME.

1001, and Code Civ. Proc. § 2213(5), construed, Removal of as waste, see "Waste."
and held to entitle a telephone company on pay-
ment of compensation to be assessed, to require
another company operating long distance lines
to permit it to connect with such lines, and to
receive and transmit messages through such con-
nection in the same manner as those received
from its own subscribers.-Billings Mut. Tele-
phone Co. v. Rocky Mountain Bell Telephone
Co. (C. C.) 207.

Regulation of telephone rates by municipal-
ity held an exercise of the police power of the
state, and, though capable of being surrendered
or suspended, such surrender or suspension
will not be presumed.-Home Telephone & Tele-
graph Co. v. City of Los Angeles (C. C.) 554.

Regulation and fixing of telephone rates held
none the less a "municipal affair" within the
jurisdiction of the cities of the state because
the rates fixed would not be uniform through-
out the state.-Home Telephone & Telegraph
Co. v. City of Los Angeles (C. C.) 554.

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.

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- Causing death, see "Death," § 1.
phone companies doing business within the city
to submit reports of the value of their plants,
Particular torts.
receipts, and expenditures in order to enable See "Libel and Slander"; "Waste."
the council to fix reasonable rates.-Home Tele- Maritime torts, see "Collision."
phone & Telegraph Co. v. City of Los Angeles
C. C.) 554.

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 earn-
ings tax.-Home Telephone & Telegraph Co.
v. City of Los Angeles (C. C.) 554.

TERMS.

Of patents, see "Patents," § 3.

TICKETS.

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
for 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.

For transportation of passenger, see "Carriers," See "Municipal Corporations"; "Schools and
§ 1.

School Districts," § 1.

*Point annotated. See syllabus.

TRADE-MARKS AND TRADE-NAMES. mark as against another who subsequently suco

ceeds to the manufacture of the genuine goods
§ 1. Marks and names subjects of own-

so designated.-W. A. Gaines & Co. v. Kahn,
ership.

(C. C.) 639.
*The name "White House," and the picture
of the White House at Washington, held to

TREATIES.
constitute a valid trade-mark and trade-name
for plaintiff's coffee.-Dwinell-Wright Co. v. Treaties and statutes of the United States
Co-operative Supply Co. (C. C.) 909.

have always been practically put in the same
§ 2. Title, conveyances, and contracts.

class so far as judicial action is concerned, and
*A complainant held not entitled to a pre- a later treaty has the same effect on a prior
liminary injunction to restrain the use of a persede it as a later statute may supersede a
liminary injunction to restrain the use of a statute that a later statute has, and may su--
name by defendant as an infringement of a prior treaty. Nor is there any practical dis-
trade-mark; it appearing from the showing
made that defendant's use was prior to that of tinction as between a statute and a treaty with
complainant's assignor.- Deitsch v. George R. regard to its becoming presently effective with--
Gibson Co. (C. C.) 383.

out a waiting further legislation, which depends

entirely upon its terms.-United Shoe Machinery
*Complainant held on the evidence to have Co. v. Duplessis Shoe Machinery Co. (C. C. A.)
succeeded to the right to the use of the name 842.
"Old Crow" as a trade-mark for its whisky
made according to a special formula, and to be

TRIAL.
entitled to protection in such exclusive use.-
W. A. Gaines & Co. v. Kahn (C. C.) 639.

See "Reference"; "Witnesses."
$ 3. Infringement and unfair competi- Trial of actions by or against particular classes
§ |
tion.

of persons
*The proprietor of a medicine or remedy See “Railroads,” $ 2.
made in accordance with a secret formula, which Trial of particular civil actions or proceedings.
knowingly makes false and fraudulent represen-
tations as to the ingredients of such remedy to For causing death by operation of railroad, see
the public through its advertisements and la-

"Railroads," $ 2.
bels, cannot maintain a suit in equity to pro- For causing death in general, see "Death,” $ 1.
tect its business of selling or administering such For personal injuries, see “Electricity."
remedy from invasion and injury by another. On insurance policy, see "Insurance," & 2.
Memphis Keeley Institute v. Leslie E. Keeley & 1. Taking case or question from jury.
Co. (C. C. A.) 964.

*While questions of negligence are ordinarily
*That a complainant comes into a court of for the jury in federal courts, a case may be
equity with unclean hands, in that he is charge- withdrawn from the jury and a verdict directed.
able with fraudulent misrepresentations to the for plaintiff or defendant, as may be proper,
public in respect to the subject-matter of the where there is no conflict in the evidence, or
suit, is not, strictly speaking, a defense, and where it is so conclusive in its character that
need not bé pleaded; but upon such fact ap- the court, in the exercise of its sound judicial
pearing it will be given effect by the court in discretion, would be obliged to set aside a ver-
the interest of the public by refusing to grant dict rendered in opposition to such evidence.-
relief to the complainant.-Memphis Keeley In- Russell v. Oregon Short Line R. Co. (C. C. A.)..
stitute v. Leslie E. Keeley Co. (C. C. A.) 964.

Evidence considered, and held to establish the *Under the rule of the federal courts, a court
claim that a complainant was chargeable with should direct a verdict where the evidence pro-
fraudulent misrepresentations to the public as duced by the party on whom rests the burden of
to the ingredients of a medicine which it man-proof is insufficient to sustain a verdict in his-
ufactured and sold.-Memphis Keeley Institute favor.- National Ass'n of Ry. Postal Clerks v.
v. Leslie E. Keeley Co. (©. C. A.) 964.

Scott (C. C. A.) 92.
While mere delay or acquiescence will not de-
feat the right to an injunction to restrain in-

TRUSTS.
fringement of a trade-mark, it may afford good
ground for denying a preliminary injunction to Combinations to monopolize trade, see “Monop-.
put a stop to an established business prior to olies," § 1.
a final hearing.-Havana Commercial Co. v. Trust deed, see "Chattel Mortgages"; "Mort-
Nichols (C. C.) 302.

gages.'
*The name “La Carolina,” as a trade-mark § 1. Creation, existence, and validity.
for cigars, is not invalid as either the name of

Under St. Wis. 1898, § 1114, a county, to
an individual or a geographical name, and is which a city has turned over' for collection

the ”
for cigars. - Havana Commercial Co. v. Nichols delinquent special assessments on real estate
for cigars. -Havana Commercial Co. v. Nichols pledged by the city for the payment of improve-
(C. C.) 302.

ment bonds, does not become a statutory trustee
*One who uses the trade-mark of another on for the bondholders who have no standing in a.
spurious goods for the purpose of deceiving pur- court of equity to require an accounting from it..
chasers acquires thereby no right 'to such trade- |-Olmsted v. City of Superior (C. C.) 172.

*Point annotated. See syllabus.