5. Laws Regulating Commerce. Suit by producers to enjoin
warehousemen from deducting penalties under Agricultural Adjust-
ment Act of 1938: suit not barred by R. S. § 3224. Mulford v.
Smith, 38.
6. Equity Jurisdiction. Adequate Legal Remedy. Suit by pro-
ducers to enjoin warehousemen from deducting penalties under
Agricultural Adjustment Act of 1938. Mulford v. Smith, 38.
7. Id. Injunction. Suit attacking temporary rates ordered by
Pennsylvania Commission not within provisions of Act of May 14,
1934, limiting jurisdiction. Driscoll v. Edison Co., 104.
8. Disposition of funds paid into court under Packers & Stock-
yards Act order subsequently set aside. U. S. v. Morgan, 183.
9. Matter in Controversy. In suit to restrain enforcement of
statute prohibiting or regulating a business, the right to carry on
the business free from the prohibition or regulation is the matter
in controversy. Buck v. Gallagher, 95.
10. Jurisdictional Amount. Suit to redress deprivation of civil
rights. Hague v. C. I. O., 496.
11. Jurisdictional Amount. Class Suit. When properly de-
termined on bill and motion to dismiss; burden on plaintiff to show
existence; jurisdictional amount in class suit-aggregation; amount
in controversy in suit to restrain enforcement of statute prohibit-
ing business; cost of compliance as evidence of value involved;
admitted allegations supported finding as to existence of jurisdic-
tional amount. Gibbs v. Buck, 66; see also, Buck v. Gallagher, 95.
12. Dismissal of bill without allowing plaintiffs opportunity to
produce evidence of cost of complying with statute and of value of
property rights affected by it, was error. Buck v. Gallagher, 95.
13. Motion to Dismiss. How determined; grant or refusal before
answer largely in discretion of trial court; properly overruled where
allegations of bill raised grave doubts as to constitutionality of Act
attacked. Gibbs v. Buck, 66.
14. Review of Orders of Interstate Commerce Commission.
Order denying certificate of convenience and necessity under Motor
Carrier Act, holding "grandfather" clause of § 206 (a) of Act inap-
plicable to applicant, reviewable in suit to set aside and annul.
U. S. v. Maher, 148.
15. Review of Orders of Federal Communications Commission.
Urgent Deficiencies Act. Order determining status of telephone
company as one subject to jurisdiction under § 2 (b) of Communi-
cations Act because of its control by another, reviewable. Roches-
ter Telephone Corp. v. U. S., 125.
16. Deportation Proceedings. District Court could not proceed
de novo in habeas corpus when no issue of citizenship raised.
Kessler v. Strecker, 22.
Dissemination of information concerning provisions, and peace-
able assembly for discussion thereof, as privilege of citizen of United
States protected against state action. Hague v. C. I. O., 496.
LEGISLATURE.
1. Composition of Legislature. Whether Lieutenant Governor of
Kansas was part of "legislature," entitled to vote on ratification of
proposed amendment to Federal Constitution, not decided. Cole-
man v. Miller, 433.
2. Efficacy of Ratification of amendment to Federal Constitution;
federal court without jurisdiction to restrain certification. Id.
LIQUOR LAW REPEAL ACT. See Intoxicating Liquors.
MANDATE.
Effect. Sprague v. Ticonic Bank, 161.
MARKETING. See Constitutional Law, II, 2–3.
MILITIA. See Constitutional Law, III.
Federal regulation of marketing and prices of milk in interstate
commerce. U. S. v. Rock Royal Co-op., 533.
State statute forbidding combinations of owners of copyrighted
musical compositions; suit to restrain enforcement. Gibbs v.
Buck, 66.
MOTION TO DISMISS. See Jurisdiction, IV, 13.
1. Grandfather Clause. Application. U. S. v. Maher, 148.
2. Id. Where application for certificate based solely on "grand-
father" clause denied, Commission not obliged to inquire whether
it should be allowed under general provisions of § 207 (a). Id.
MOTOR VEHICLES. See Intoxicating Liquors, 2; Motor Carrier
Act.
Ordinances forbidding distribution of printed matter and holding
public meetings without permit, void. Hague v. C. I. O., 496.
NATIONAL FIREARMS ACT.
Validity of restriction on sawed-off shotguns. U. S. v. Miller, 174.
NATURALIZATION.
Construction of naturalization treaty of 1869 with Sweden.
Perkins v. Elg, 325.
Distinction between "negative" and "affirmative" administrative
orders in determining reviewability abandoned. Rochester Tele-
phone Corp. v. U. S., 125.
NEGROES. See Constitutional Law, VII.
Right of action under R. S. 1979 for deprivation of voting rights.
Lane v. Wilson, 268.
Disqualification. Notary who was employee of corporation whose
president was plaintiff, not disqualified under Ohio law from taking
affidavit in attachment or garnishment. Rorick v. Devon Syndi-
cate, 299.
NOVELTY. See Evidence, 6; Patents for Inventions, 3.
PACKERS & STOCKYARDS ACT.
Disposition of moneys paid into court under an order which
was later set aside because of procedural defects; authority of
Secretary to reopen proceedings. U. S. v. Morgan, 183.
Right of citizen to use. Hague v. C. I. O., 496.
1. Proper Parties. Owners of copyrights as proper parties to
suit to restrain enforcement of state statute forbidding and penal-
izing associations of type in which they were profit-sharing members.
Gibbs v. Buck, 66.
2. Id. Secretary of State properly included in declaratory pro-
vision of decree. Perkins v. Elg, 325.
3. Challenging Statute. Who entitled to challenge Act. U. S. v.
Rock Royal Co-op., 533.
Refusal to Issue. Remedy. Perkins v. Elg, 325.
PATENTS FOR INVENTIONS. See Jurisdiction, I, 12.
1. Validity of Patent. Foreign invention; application for patent;
prior public use; findings of lower court did not support conten-
tion that applicant concealed invention. Electric Battery Co. v.
Shimadzu, 5.
2. Id. Validity as affected by neglect of patentee to sue or dis-
claim. Maytag Co. v. Hurley Co., 243.
3. Validity. Novelty. Aggregation of old devices without new
joint function, not invention; evidence of novelty insufficient.
Toledo Co. v. Standard Parts, 350.
4. Abandonment. Whether invention abandoned was question of
fact; defense must be pleaded and proved. Electric Battery Co. v.
Shimadzu, 5.
5. Patent No. 1,584,149 to Shimadzu, claims 1 and 2, for a
method of forming finely divided lead powder-cause remanded for
further examination in regard to validity and infringement. Id.
6. Patent No. 1,584,150 to Shimadzu, claims 1-4, 6, 8-13, for
method or process of powder manufacture, invalid. Id.
7. Patent No. 1,896,020 to Shimadzu, claims 10 and 11, for appa-
ratus for production of lead oxides, invalid. Id.
8. Snyder Patent No. 1,866,779, for a washing machine and
method of washing fabrics, held invalidated. Maytag Co. v.
Hurley Co., 243.
9. Patent No. 1,732,708, claims 1, 2, 5-7, 11-13, to Withrow and
Close, relating to burner for outdoor warning signals, invalid.
Toledo Co. v. Standard Parts, 350.
1. Multiple Currency Provision. Construction. Applicability of
Joint Resolution of June 5, 1933, to bonds made payable at hold-
er's option either in gold coin of United States or fixed amount of
money of foreign country. Guaranty Trust Co. v. Henwood, 247;
Bethlehem Steel Co. v. Zurich Ins. Co., 265.
2. Id. Effect of fact that bonds were sold in foreign country
and holders are foreign corporations. Bethlehem Steel Co. v.
Zurich Ins. Co., 265..
Penalties under Agricultural Adjustment Act of 1938. Mulford
v. Smith, 38.
PENDING. See Procedure, 1.
Jurisdictional Amount. Gibbs v. Buck, 66.
POWER COMMISSION.
Review of order denying approval of proposed transfer. Fed-
eral Power Comm'n v. Pacific Power Co., 156.
POWERS. See Taxation, III, 3.
PRESUMPTIONS.
Presumption as to correctness of Secretary's determination of
propriety of differentials under Agricultural Marketing Agreement
Act. U. S. v. Rock Royal Co-op., 533.
Fixing prices of milk in interstate commerce under Agricultural
Marketing Agreement Act of 1937. U. S. v. Rock Royal Co-op.,
533.
PRIORITY. See Bankruptcy.
PROCEDURE. See Attachment, 1-2; Attorney's Fees; Bridges;
Jurisdiction.
1. Rules of Civil Procedure. Where statutory time allowed for
appeal had expired before effective date of Rules, proceeding not
"pending" within meaning of Rule 86. McCrone v. U. S., 61.
2. Motion to Dismiss. Gibbs v. Buck, 66.
3. Appeal. Judgment of civil contempt appealable in same man-
ner only as judgment in civil case. McCrone v. U. S., 61.
4. Mandate. Effect on lower court in respect of other issues.
Sprague v. Ticonic Bank, 161.
5. Resort to federal court without first exhausing judicial reme-
dies of state courts. Lane v. Wilson, 268.
PROCESS. See Attachment, 1.
PUBLIC ASSEMBLY. See Constitutional Law, VI, (A), 1; VI,
(B), 1-3.
PUBLIC USE. See Constitutional Law, VI, (B), 2-4; Evidence, 4;
Patents for Inventions, 1.
PUBLIC UTILITIES. See Bridges.
Temporary Rates under Pennsylvania Public Utilities Act; de-
termination of rate base; adequacy of 6% return; rate case
expenses. Driscoll v. Edison Co., 104.
RACIAL DISCRIMINATION. See Civil Rights, Constitutional
Law, VII.
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