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of the council resulting in the assessment. [ Reiff v. Portland, L.R.A.1915D, 772, 141 Pac. 167, 142 Pac. 827, 71 Or. 421.

CHANGE.

Of judge, see Judges.

CHARACTER.

Presumption as to, see Evidence, 6.

CHATTEL MORTGAGE.

Priority over chattel mortgage of lien
for repairs, see Liens, 2, 3.
Right to question statute existing
when mortgage was taken making
personal taxes a lien on all person-
al property of taxpayer, see Stat-
utes, 2.

Under a statute making all taxes upon personal property a first lien on all personal property of the person against whom they are assessed, an assessment of a personal property tax will take precedence, as to the entire tax on the owner's personalty, of an existing chattel mortgage given to secure the purchase price of a particular article of machinery. Minneapolis Threshing Mach. Co. v. Roberts County, L.R.A. 1915D, 886, 149 N. W. 163, — S. D.

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A state may, without interfering with the commerce clause of the Federal Constitution, prescribe the length of and form of running gear upon caboose cars used in the state; at least in the absence of any legislation by Congress or attempted regulation by the Interstate Commerce Commission upon the subject. Pittsburgh, C. C. & St. L. R. Co. v. State, L.R.A.1915D, 458, 102 N. E. 25, 180 Ind. 245.

COMMERCIAL TRAVELERS.
Right to discharge, see Master and
Servant, 4, 5.

COMMISSIONS.

Of broker, see Brokers, 2.
Public Service Commissions, see Public
Service Commissions.

COMMON CARRIERS. See Carriers.

COMMON LAW.

Right of shipper to sue carrier on common-law liability and ignore contract limiting liability, see Carriers, 13.

Presumption as to alteration of, by
statute, see Statutes, 6.
Consideration of, in construction and
application of statutes declaratory
thereof, see Statutes, 7.

Revival of, by repeal of statute, see
Statutes, 9.

The common law, in general terms, is the law in Tennessee. Moss v. State, L.R.A.1915D, 361, 173 S. W. 859, Tenn.

of

COMPLAINT.

white and colored persons, see Constitutional Law, 14.

CLAIMS.

Against decedent's estate, see Executors and Administrators.

Against municipality, moral obligation to pay, see Municipal Corporations, 2, 3.

Against city, presentation of, see Municipal Corporations, 16.

CLOUD ON TITLE.

Conclusiveness in action to quiet title against one redeeming from mortgage sale, of foreclosure decree, see Judgment, 2.

CLUBS.

Forbidding keeping of intoxicating li quor in, see Constitutional Law, 6; Statutes, 5.

C. O. D.

Sale of goods C. O. D., see Sale, 1.

COMMERCE.

Garnishment of cars of foreign interstate railroad company, see Garnishment.

Of plaintiff, see Pleading, 3, 4.

CONCLUSIVENESS.

Of decree, see Judgment.

CONDEMNATION.

Of property, see Eminent Domain.

CONDITION.

To taking of appeal, see Appeal and Error, 4.

Relating to real property, see Covenants

and Conditions.

In insurance policy, see Insurance. Precedent to mandamus proceeding, see Mandamus, 1.

CONDITION SUBSEQUENT.

In insurance policy, see Insurance, 5.

CONFIDENTIAL COMMUNICATIONS. See Privileged Communications.

CONFLICTING INSTRUCTIONS. See Trial, 9.

CONSENT.

Of property owners to construction of ga rage, see Buildings, 1, 3.

Of property owner to erection of nonfireproof building, see Municipal Corporations, 4.

CONSIDERATION.

For note, see Bills and Notes, 2-4.

CONSPIRACY.

Evidence in action securing discharge of employee, see Evidence, 21. Evidence to show, see Evidence, 41.

1. Workmen cannot lawfully combine to secure the discharge of a fellow workman by notifying the employer that they will quit if he is not discharged, merely because he makes conditions so unpleasant for them that they do not care to work with him. Bausbach v. Reiff, L.R.A.1915D, 785, 91 Atl. 224, 244 Pa. 559.

granting exclusive privileges. Rochester v. Gutberlett, L.R.A. 1915D, 209, 105 N. E. 548, 211 N. Y. 309.

4. A provision in a statute for the licensing of dentists preserving the rights of those licensed and registered at the time of its passage does not affect the constitutional rights of one licensed at the time in another state, who, under the statute, must comply with its terms to secure a license to practise in the state after the passage of the statute. People v. Griswold, L.R.A. 1915D, 538, 106 N. E. 929, 213 N. Y. 92.

5. A provision authorizing the granting of a license to practise dentistry to persons holding a license in other states, granted by a state board of dental examiners "indorsed by the dental society of the state" passing the statute, is not unconstitutional as granting an exclusive privilege or fran2. Neither a labor union nor the mem- chise to a private corporation, since the bers thereof are liable to a nonmember who grant is not a privilege, but a duty to dewas discharged from his employment be-termine the standard exacted by other states cause of a demand therefor made by the for dental licenses. People v. Griswold, authorized agents and committees of the L.R.A.1915D, 538, 106 N. Ē. 929, 213 N. Y. labor organization, who informed the common employer that if such nonunion man was not discharged, the union men would strike. Roddy v. United Mine Workers of America, L.R.A.1915D, 789, 139 Pac. 126,

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Separation of powers.

1. The constitutional provision distributing the power of government into departments is not violated by a statute excluding Greek letter fraternities from state schools. University of Mississippi v. Waugh, L.R.A.1915D, 588, 62 So. 827, 105 Miss. 623. Equal protection and privileges.

2. A municipal ordinance prohibiting the erection of buildings composed of combustible materials within certain limits without permission of the mayor and council is unconstitutional as granting special privileges. Hays v. Poplar Bluff, L.R.A. 1915D, 595, 173 S. W. 676, Mo.

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3. An ordinance limiting the collection of garbage in a particular city to one licensed collector is not unconstitutional as

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6. A state does not unconstitutionally deprive one of equal protection of the laws by forbidding the keeping of intoxicating liquor in any locker or other place in any social club, or carrying it to such club, although a property right in such liquors is recognized by the law. State v. Phillips, L.R.A.1915D, 530, 67 So. 651, Miss. Due process of law; right to life, liberty, and property.

7. "Due process of law" implies the administration of laws which apply equally to all persons according to established rules, and which are "not violative of the fundamental principles of private right, by a competent tribunal having jurisdiction of the case and proceeding upon notice and hearing." Frank v. State, L.R.A.1915D, 817, 83 S. E. 645, 142 Ga. 741.

8. No constitutional property rights of one desiring to procure garbage for stock are infringed by limiting the right to collect it in a particular city to one licensed collector. Rochester v. Gutberlett, L.R.A. 1915D, 209, 105 N. E. 548, 211 N. Y. 309. (Annotated)

9. Requiring the rebuilding of a railroad depot which has been destroyed by fire, upon a new location the title to which must be acquired and which will require an abandonment of the old location, is not an unconstitutional taking of property if the difference in cost of the establishment and maintenance of the depot upon the respective locations is not unreasonable. Louis, I. M. & S. R. Co. v. Bellamy, L.R.A. 1915D, 91, 169 S. W. 322, 113 Ark. 384.

St.

10. No constitutional privileges or property rights are denied by making renunciation of allegiance to Greek letter fraternities a condition to becoming students in schools supported by the state. University of Mississippi v. Waugh, L.R.A.1915D, 588, 62 So. 827, 105 Miss. 623. (Annotated)

11. An unconstitutional infringement of the liberty of contract without due process

Police power.

of law results from a provision of a state | v. State, L.R.A.1915D, 817, 83 S. E. 645, 142 statute which makes it a misdemeanor for Ga. 741. any person to act as a conductor on a railway train in that state without having previously served for two years as a freight conductor or brakeman. Smith v. State, L.R.A.1915D, 677, 34 Sup. Ct. Rep. 681, 233 U. S. 630, 58 L. ed. 1129.

(Annotated)

12. A statute requiring a print or package to contain 16 oz. avoirdupois, or, in case of a less weight, the weight to be disclosed by the seller to the buyer, or a statement of the net weight to be made upon a label attached thereto, is not violative of § 17, art. 2, of the Constitution of the state of Kansas, nor of the 14th Amendment to the Constitution of the United States, in that it deprives persons of liberty or property without due process of law. State v. Belle Springs Creamery Co. L.R.A.1915D, 515, 111 Pac. 474, 83 Kan. 389.

13. A statute imposing a fine or imprisonment or both for the use of a false weight, measure, balance, or measuring device, and making the one guilty of the use thereof liable to the injured party in double the amount of the property wrongfully taken or not given, and for $10 in addition thereto, and making the selling and delivery of any commodity or article of merchandise prima facie evidence of representations on the part of the vendor that the quantity sold and delivered is the quantity bought by the vendee, is not violative of § 17, art. 2, of the Constitution of the state of Kansas, nor of the 14th Amendment to the Constitution of the United States, in that it deprives persons of liberty and property without due process of law. State v. Belle Springs Creamery Co. L.R.A.1915D, 515, 111 Pac. 474, 83 Kan. 389.

14. Sections 1 and 2 of the ordinance of the city of Atlanta, adopted June 16, 1913, and the corresponding sections of an amendment thereto, adopted November 3, 1913, prohibiting white persons and colored persons from residing in the same block, deny the inherent right of a person to acquire, enjoy, and dispose of property, and for this reason are violative of the due process clause of the Federal and state Constitutions. Carey v. Atlanta, L.R.A.1915D, 684, 84 S. E. 456, (Annotated)

Ga. -.

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17. The police power extends to the forbidding of the construction of a public garage within a city block without consent of a majority of the owners of property in such block, without depriving the one seek. ing to do so of any right of liberty or property. People ex rel. Busching v. Ericsson, L.R.A.1915D, 607, 105 N. E. 315, 263 IIL 368.

18. The police power extends to requiring railroad companies entering a particular city jointly to acquire the necessary property and construct and maintain a union passenger station. Railroad Commission v. Alabama G. S. R. Co. L.R.A.1915D, 98, 64 So. 13, 185 Ala. 354. (Annotated) Religious freedom.

19. The reading of the Bible, including the Old and New Testaments, in the public schools of a state, is a preference given to Christians, and a discrimination against Jews, and a resolution directing this to be done is invalid under a Constitution providing that every person has a natural right to worship God according to the dictates of his conscience, and that no preference shall ever be given to or any discrimination made against any church, sect, or creed of religion or any form of religious faith or worship. Herold v. Parish Board of School Directors, L.R.A.1915D, 941, 68 So. 116, La.

(Annotated)

Impairing obligation of contracts.

20. Chapter 127 of the N. Dak. Laws of 1907, amending § 7142, Rev. Codes 1905, and providing that notices of redemption shall be recorded with the register of deeds, rather than filed, is not unconstitutional, though applied to mortgages which were executed before its enactment; the requirement that such notice shall be recorded rather than filed in no way impairs the obligation of the contract of the mortgagor, or deprives him of property without due process of law. Heitsch v. Minneapolis Threshing Mach. Co. L.R.A.1915D, 349, 150 N. W. 457, 29 N. D. 94.

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against him in the pending case and is to
be called in a subsequent one, for the pur-
pose of punishing him for the testimony
given and intimidating him for the future.
Brannon v. Com. L.R.A.1915D, 569, 172 S.
W. 703, 162 Ky. 350.
(Annotated)
Disobedience.

for flooring, orders a quantity with an irregular matching to which the quotation did not apply, which the seller declines to fill, cannot perfect a contract by merely notifying the seller that regular matching will be satisfactory, since, having rejected the original offer, his power to accept it without renewal was gone. Shaw v. Ingram-Day Lumber Co. L.R.A.1915D, 145, 153 S. W. 431, 152 Ky. 329. (Annotated)

3. A cashier of a bank cannot refuse to answer questions propounded to him by the grand jury which will require his examination of the books of the bank, on the ground 2. Tender of the money is sufficient to that it constitutes an unconstitutional de- | make an option to purchase real estate bindmand for the performance of particular ing upon both parties, and written acceptservices. Baker v. State, L.R.A.1915D, 1061, ance is not necessary. Agar v. Streeter, 108 N. E. 7, Ind. -. L.R.A.1915D, 196, 150 N. W. 160,

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Mich.

Formal requisites; statute of frauds.

3. It is presumed that a marriage contract, where no time is fixed, is not intended to be performed more than a year

4. A cashier of a bank cannot refuse to answer a question propounded by a grand jury as to the state of the account of a particular depositor, on the theory that it was abusing its inquisitorial power, where it knew that the deposits in the bank great-after its making, and therefore it does not ly exceeded the deposits returned for taxation, and was seeking to ascertain who had falsified his tax returns, although it knew of no one who had done so, and was inquiring as to the accounts of persons whose names were taken at random from the tax duplicates of the county. Baker v. State, L.R.A.1915D, 1061, 108 N. E. 7, Ind. (Annotated) Procedure.

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5. A court whose power summarily to punish for contempt is not adequate to inilict a suitable punishment for a criminal contempt may submit the matter to the determination of a jury. Brannon v. Com. L.R.A.1915D, 569, 172 S. W. 703, 162 Ky.

350.

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fall within the statute of frauds, requiring
a promise not to be performed within a
year to be in writing; and, as such a con-
tract is possible of performance within a
year, a jury would have a right to infer
that the defendant did not intend to per-
form it, when in fact he permitted five
years to elapse without doing so. Corduan
v. McCloud (N. J. Err. & App.) L.R.A.
N. J. -.
1915D, 1190, 93 Atl. 724,
(Annotated)

4. Abandonment of real property must be in writing. Quaker Realty Co. v. Starkey, L.R.A.1915D, 176, 66 So. 386,

- La.

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5. An offer in writing for the sale of land by a prospective vendor, being rejected by the prospective vendee, cannot therevendor's assent thereto is in writing. Lewis after be accepted by the vendee unless the v. Johnson, L.R.A.1915D, 150, 143 N. W. 1127, 123 Minn. 409. (Annotated) Validity and effect.

Effect of contract invalid because in restraint of marriage on right of action for breach of promise, see Breach of Promise, 1.

Contracts limiting liability of carrier,
see Carriers, 6, 13.

By corporation, see Corporations.
Effect of duress, see Duress.
Validity of married woman's contract,

see Husband and Wife, 2.
Contracts exempting master from lia-
bility to employees, see Master and
Servant, 1.

Right to maintain action for breach of contracts made under assumed name, see Tradename, 1.

6. A provision in a contract to settle an action for breach of promise of marriage, to pay plaintiff a specified amount three years after date if she is then alive and unmarried, is void as in restraint of marriage. McCoy v. Flynn, L.R.A.1915D, 1064, 151 N. W. 465, Iowa, -.

7. Contracts by which one issues trading stamps to merchants, which, for the purpose of suppressing competition, prohibit them from using the stamps of others, and which enable him to control nearly 90 per

cent of the trading stamp business in the

4. Stockholders cannot ratify an act of locality, are within the operation of a stat- the directors which is ultra vires the corute declaring unlawful and void every agree-poration, or which is in manifest disregard ment in violation of common law, if thereby of the legal rights of minority stockholders. a monopoly in the production or sale of Hyams v. Old Dominion Co. L.R.A.1915D, any article or commodity tends to be 1128, 93 Atl. 747, Me. created. Merchants' Legal Stamp Co. v. Criminal liability. Murphy, L.R.A.1915D, 520, 107 N. E. 968, 220 Mass. 281. (Annotated)

8. Persons who carry on business under an assumed name without complying with a statute requiring them under penalty to file their true names in the office of the clerk of the county cannot maintain actions in the courts to enforce payment for goods sold by them. Hunter v. Patterson, L.R.A. 1915D, 987, 173 S. W. 120, 162 Ky. 778. (Annotated)

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5. A statute providing for a fine or imprisonment or both, for a "person" who uses a false weight, measure, balance, or measuring device, applies to a corporation as well as to an individual. State v. Belle Springs Creamery Co., L.R.A.1915D, 515, 111 Pac. 474, 83 Kan. 389.

6. That the punishment by imprisonment cannot be inflicted upon a corporation under a statute prescribing a fine or imprisonment or both for a person who uses a false weight, measure, balance, or measuring device is not sufficient ground to hold the statute applicable only to individuals, and not to corporations, on the theory that the statute, if applied to corporations, cannot have a uniform operation in the state. State v. Belle Springs Creamery Co. L.R.A. 1915D, 515, 111 Pac. 474, 83 Kan. 389. Officers.

Raising objection for first time on appeal in action against directors, see Appeal and Error, 16.

Director as bona fide purchaser of note from corporation, see Bills and Notes, 4.

Evidence on question of liability of directors, see Evidence, 42.

Mandamus to compel corporation to permit director to inspect books, see Mandamus, 2, 6, 7.

Charging director with knowledge of corporation, see Notice, 1.

Pleading in action against directors, see Pleading, 1, 4.

7. A director is entitled to have the assistance of his attorney or agent in the exercise of his right to inspect the books, papers, and records of the corporation, provided the agent has no interest adverse to the corporation, rendering his employment therein improper. State ex rel. Aultman v. Ice, L.R.A.1915D, 288, 84 S. E. 181, W. Va.

-.

7a. That the inspection sought by a director may disclose a right of action in him against the corporation or some of its agents does not preclude his right to inspect the books, papers, and records of the corporation. State ex rel Aultman v. Ice, L.R.A. 1915D, 288, 84 S. E. 181, W. Va. 8. Directors of a corporation who attempt to close the business do not discharge their fiduciary duties simply by accounting for its tangible assets if it possesses a valuable good will. Godley v. Crandall & Godley Co. L.R.A.1915D, 632, 105 N. E. 818, 212 N. Y. 121.

9. Directors of a corporation may be compelled to account for money improperly paid out with their consent while they were directors, although the payments were made under resolutions adopted before they became such. Godley v. Crandall & Godley

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