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that are being used in interstate commerce. Illinois Cent. R. Co. v. Louisiana R. R. Comm., 236 U. S. 157, 35 Sup. Ct. 275, 59 L. ed. 517.

States may regulate the character of headlights to be used on railroad locomotives that are employed in interstate commerce. Vandalia R. Co. v. Public Service Comm. of Indiana, 242 U. S. 255, 182 Ind. 382, 101 N. E. 85, 37 Sup. Ct. 93, 61 L. ed. 276.

A state statute allowing attorney fees in suits for the loss of interstate shipments held not to be an interference with interstate commerce. Missouri etc. R. Co. v. Harris, 234 U. S. 412, 34 Sup. Ct. 790, 58 L. ed. 1377.

Storage of goods that is being shipped as interstate commerce, and when such goods become liable to be taxed by the state where stored. Susquehanna Coal Co. v. South Amboy, 228 U. S. 665, 33 Sup. Ct. 712, 57 L. ed. 1015.

States may require railroad companies to destroy weeds that grow and accumulate upon their rights of way. Chicago etc. R. Co. v. Anderson, 242 U. S. 283,

37 Sup. Ct. 124, 61 L. ed. 302.

States may require all motor vehicles upon highways to be registered, and that a fee shall be paid therefor. Kane v. New Jersey, 242 U. S. 160, 37 Sup. Ct. 30, 61 L. ed. 222.

Congress has exclusive power over the naturalization of aliens, and the fees allowed to officers acting in such cases under acts of congress belong to such officers and are not controlled by state laws. State ex rel. v. Quill, 53 Ind. App. 495, 102 N. E. 106.

A state tax imposed upon the business of selling goods in foreign commerce in so far as it is measured by the gross receipts resulting therefrom is in effect a regulation of foreign commerce or an impost upon exports. Crew Levick Co. v. Commonwealth of Pennsylvania, 245 U. S. 292, 38 Sup. Ct. 126, 62 L. ed. 295.

In supplying the power to congress to raise an army it was intended to give it all and leave none to the states. Aver v. United States, 245 U. S. 366, 38 Sup. Ct. 159, 62 L. ed. 352.

The states control the militia to the extent that such control was not taken away by the exercise by congress of its power to raise armies. Arver v. United States, 245 U. S. 366, 38 Sup. Ct. 159, 62 L. ed. 352.

State bankrupt laws conflicting with federal bankrupt laws are suspended only to the extent of the conflict. Stellwagen v. Clum, 245 U. S. 605, 38 Sup. Ct. 215, 62 L. ed. 507.

The Federal Bankruptcy Act is not unconstitutional because its operation is not alike in all the state due to the recognition and enforcement of the laws of the states affecting dower, exemptions, the validity of mortgages, priorities of payment and the like. Stellwagen v. Clum, 245 U. S. 605, 38 Sup. Ct. 215, 62 L. ed. 507.

Section 2 of the so-called Harrison Narcotic Drug Act (Act Dec. 17, 1914. C. 1, 38 Stat. 785, 6 U. S. Comp. Stat. 1916, section 6287g), having to do with facilitating the collection of the revenue, is not unconstitutional. United States v. Doremus, 249 U. S. 86, 39 Sup. Ct. 214, 63 L. ed. 493.

The authority of congress to regulate commerce embraces the power to forbid and punish the fraudulent fabrication and use of fictitious interstate bills of lading. United States v. Ferger, 250 U. S. 199, 39 Sup. Ct. 445, 63 L. ed. 936.

A city ordinance imposing a license tax in addition to ad valorem tax upon sales of goods though manufactured by a corporation located in a sister state did not amount to regulation of interstate commerce. American Mfg. Co. v. City of St. Louis, 250 U. S. 459, 39 Sup. Ct. 522, 63 L. ed. 1084.

A tax on the sale of goods sent from one state to another for sale, or the offer

to sell them before they are brought into the state, is a tax on interstate commerce. Wagner v. City of Covington, 251 U. S. 95, 40 Sup. Ct. 93, 64 L. ed. 157.

Congress may provide for carrying into effect the provisions of a treaty between the United States and a foreign country regulating the killing of migratory birds. State of Missouri v. Holland, 252 U. S. 416, 40 Sup. Ct. 382, 64 L. ed. 641. Cl. 3. A state may impose a different rate of taxation upon a foreign corporation for the privilege of doing business than it applies to its own corporations upon the franchise which the state grants in creating them. Cheney Bros. Co. v. Commonwealth of Massachusetts, 246 U. S. 147, 38 Sup. Ct. 295, 62 L. ed. 632.

Cl. 3. The Webb-Kenyon Law is a valid exercise by congress of its power to regulate commerce. Missouri Pac. R. Co. v. State of Kansas, 248 U. S. 276, 39 Sup. Ct. 93, 63 L. ed. 239; Clark Distilling Co. v. Western Maryland R. Co., 242 U. S. 311, 37 Sup. Ct. 180, 61 L. ed. 326.

Cl. 5. The militia clause does not qualify or restrict the powers of congress to declare war and raise armies. Cox v. Wood, 247 U. S. 3, 38 Sup. Ct. 421, 62 L. ed. 947.

Cl. 5. The conscious and willing possession, without lawful authority, of a die in the likeness or similitude of one used or designated for making genuine coin of the United States may be made a criminal offense. Baender v. Barnett, - U. S. -, 41 Sup. Ct. 271.

Cl. 6. The power of congress to impose penalties to safeguard the public against debased coin is in no wise limited by the clause relating to counterfeiting. Baender v. Barnett, U. S., 41 Sup. Ct. 271.

Cl. 8. This paragraph does not confer upon one who might happen to be the first to report a historic event the exclusive right for any period to spread the knowledge of it. International News Service v. Associated Press, 248 U. S. 215, 39 Sup. Ct. 68, 63 L. ed. 211.

Cl. 11. The Trading with the Enemy Act originally and as amended is strictly a war measure and finds its sanction in Art. 1, section 8, cl. 11. Stoehr v. Garvin, 41 Sup. Ct. 293.

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Cl. 17. Congress is given exclusive jurisdiction over all places purchased by the consent of the legislature of the state in which the same shall be. Hawke v. Smith, 253 U. S. 221, 40 Sup. Ct. 495, 64 L. ed. 871.

Cl. 18. The power of congress to regulate the liquor traffic under the Wartime Prohibition Act must be sought for in art. 1, section 8, cl. 18 of the Constitution giving power to make all laws necessary for carrying into execution the war powers expressly granted. Hamilton v. Kentucky Distilleries & Warehouse Co., 251 U. S. 146, 40 Sup. Ct. 106, 64 L. ed. 194.

Cl. 18. It is beyond the power of congress to authorize and sanction action by the states in prescribing and enforcing as to all parties concerned, rights, obligations, liabilities and remedies designed to provide compensation for injuries suffered by employes engaged in maritime work. Knickerbocker Ice Co. v. Stewart, 253 U. S. 149, 40 Sup. Ct. 438, 64 L. ed. 834.

Cl. 18. The exemption of the Federal Land Banks securities from federal and state taxation is within the power of congress. Smith v. Kansas City Title & Trust Co., U. S., 41 Sup. Ct. 243.

Cl. 18. The Federal Farm Loan Act of July 17, 1916, 39 Stat. 360 (Comp. St. sections 9835a-9835z), as amended by act January 18, 1918, 40 Stat. 431 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, section 9835w) is within the creative power of congress although the banks may be intended, in connection with other privileges and duties, to facilitate the making of loans upon farm security at low

rates of interest. Smith v. Kansas City Title & Trust Co., - U. S. 41 Sup.

Ct. 243.

A tax based upon the net profits earned within the state though these profits may have been derived mainly from interstate commerce whether it be deemed a property tax or a franchise tax is not obnoxious to the commerce clause. Underwood Typewriter Co. v. Chamberlain, — U. S., 41 Sup. Ct. 45.

The provision by congress that military prisoners be subject to military law and tried by a military court is not inconsistent with the guarantees as to jury trial and presentment of indictment by grand jury. Kahn v. Anderson, U. S. 41 Sup. Ct. 224.

9. Habeas corpus-Taxes.

Cl. 4. The Revenue Act of 1916 in so far as it imposes a tax upon a stockholder because of a stock dividend made lawfully and in good faith violates article 1, section 2, cl. 3, and article 1, section 9, cl. 4 of the Constitution and to this extent is invalid notwithstanding the Sixteenth Amendment. Eisner v. Macomber, 252 U. S. 189, 40 Sup. Ct. 189, 64 L. ed. 521.

Cl. 4. The profit received by a trustee on the sale of capital stock is "income" under the Sixteenth Amendment and taxable without apportionment. Merchants' Loan and Trust Co. v. Smietanka, U. S., 41 Sup. Ct. 386.

Cl. 5. The net income from articles manufactured and intended for export after exportation and sale is subject to taxation under general laws. William E. Peck & Co. v. Lowe, 247 U. S. 165, 38 Sup. Ct. 432, 62 L. ed. 1049.

Cl. 6. The Reed Amendment (Act March 3, 1917, c. 162, section 5, Stat. 1058, 1069) is not repugnant to the constitutional prohibition of any regulation of commerce which gives a preference to the parts of one state over those of another. Williams v. United States, U. S. 41 Sup. Ct. 364.

10. Restrictions upon states.

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No rights can be acquired under a void contract that are protected by the federal Constitution. Noble v. Davison, 177 Ind. 19, 96 N. E. 325.

The state statute prohibiting the sending of claims against citizens of the state to other states for collection, is not in violation of the federal Constitution prohibiting states from enacting laws impairing the obligation of contracts. Anderson v. Knotts, 181 Ind. 434, 104 N. E. 754.

The statute rendering railroad companies liable for damages caused by fires starting on their rights of way, is not in conflict with the provision of the federal Constitution prohibiting the passage of laws impairing the obligation of contracts. Pittsburgh etc. R. Co. v. Chappell, 183 Ind. 141, 106 N. E. 403; Pittsburgh etc. R. Co. v. Home Ins. Co., 183 Ind. 355, 108 N. E. 525.

A statute which changes the mode of executing the death penalty is not an ex post facto law. Malloy v. State of South Carolina, 237 U. S. 180, 35 Sup. Ct. 507, 59 L. ed. 905.

The grant under state laws of a franchise to a public service corporation constitutes a contract, and the obligation of such contract can not be impaired by a subsequent amendment to the state constitution. Russell v. Sebastian, 233 U. S. 195, 34 Sup. Ct. 517, 58 L. ed. 912.

The grant by a municipal corporation of a franchise when accepted constitutes a contract, and the corporation can not repeal the ordinance granting such franchise when its operation is not injurious to public health or morals. Grand Trunk etc. R. Co. v. City of South Bend, 227 U. S. 544, 33 Sup. Ct. 303, 57 L. ed. 633. The decision of the Supreme Court of Indiana in this case is reported in 174 Ind. 203, 89 N. E. 885, 91 N. E. 809.

Consideration of municipal ordinances requiring public service corporations to remove poles and wires from streets, and when such ordinances will be held to impair the obligations of contracts. City of Owensboro v. Cumberland Telephone etc. Co., 230 U. S. 58, 33 Sup. Ct. 988, 57 L. ed. 1389; Old Colony Trust Co. v. City of Omaha, 230 U. S. 100, 33 Sup. Ct. 967, 57 L. ed. 1410.

See note to Stat., section 10052t3.

Under this section and Constitution of Indiana, art. 1, section 24, a change in the law embodied in a contract which substantially postpones, obstructs, or retards its enforcement or lessens its value, whether such change relates to its valid construction or enforcement, impairs the obligation of the contract. City of Indianapolis v. Robison, 186 Ind. 660, 117 N. E. 861.

Where a state can not impair the obligation of contracts, and while it can not, under the guise of its police power, take property arbitrarily, new conditions, requiring the safeguarding of public interests, will justify the state in exercising its reserve power in the regulation of persons and property to promote the public health or welfare, or the interest of great public needs. State ex rel. Indianapolis Traction & Terminal Co. v. Lewis, 187 Ind. 564, 120 N. E. 129.

This section and the Fourteenth Amendment do not extend to subjects affecting the general welfare of the public, the rights so guaranteed being subservient to the public welfare. Carl Hagenbeck & Great Wallace Show Co. v. Randall, App., 126 N. E. 501.

The award by the Industrial Board of Compensation under Workmen's Compensation Act is not in violation of this section. Carl Hagenbeck & Great Wallace Show Co. v. Randall, — App., 126 N. E. 501.

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Under this section a state may contract away regulatory control of public utilities but can not abdicate its power to protect the life, safety, health or morals of its citizens. Central Union Tel. Co. v. Indianapolis Tel. Co., Ind., 126 N. E. 628.

Under this section and Ind. Const., art. 1, section 24, when a water company surrendered its franchise a new contract was created, which was beyond the power of the state to modify by legislative enactment. Greensburg Water Co. v. Lewis, Ind., 128 N. E. 103.

See note to section 10052a.

A state tax imposed upon the business of selling goods in foreign commerce in so far as it is measured by the gross receipts resulting therefrom is in effect a regulation of foreign commerce or an impost upon exports. Crew Levick Co. v. Commonwealth of Pennsylvania, 245 U. S. 292, 38 Sup. Ct. 126, 62 L. ed. 295.

Franchises received from the county without specifying any limits of time are construed by the Supreme Court of the United States, where there are no controlling provisions in the state constitutions, or statutes, or prior adjudications by its courts to the contrary, to be contracts not subject to annulment. Northern Ohio Traction & Light Co. v. State of Ohio, 245 U. S. 574, 38 Sup. Ct. 196, 62 L. ed. 481.

The "contract clause" prohibits legislative, not judicial action. McCoy v. Union Elevated R. Co., 247 U. S. 354, 38 Sup. Ct. 504, 62 L. ed. 1156.

Interest upon a judgment is a matter of legislative discretion, so far as the Constitution of the United States is concerned where the cause of action being either a tort or a broken contract not itself prescribing interest till payment. Missouri & Arkansas Lumber & Mining Co. v. Greenwood Dist. of Sebastian Co., 249 U. S. 170, 39 Sup. Ct. 202, 63 L. ed. 538.

The contract clause applies only to legislation subsequent in time to the contract alleged to have been impaired. Munday v. Wisconsin Trust Co., 252 U. S. 499, 40 Sup. Ct. 365, 64 L. ed. 684.

SEC.

ARTICLE 2.-THE EXECUTIVE.

12. Commander in chief.

12. Commander in chief.

Cl. 2. The power to make treaties is delegated expressly. State of Missouri v. Holland, 252 U. S. 416, 40 Sup. Ct. 382, 64 L. ed. 641.

Cl. 2. Congress is authorized to vest the appointment of inferior officers in the president alone, in the courts of law, or in the heads of departments. Burnap v. United States, 252 U. S. 512, 40 Sup. Ct. 374, 64 L. ed. 692.

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The compensation of a federal judge is protected from diminution in any form whether by a tax or otherwise. Evans v. Gore, 253 U. S. 245, 40 Sup. Ct. 550, 64 L. ed. 887.

16. Its extent.

Cl. 1. Power of the states to provide workmen's compensation for injuries suffered by employes in maritime work. Knickerbocker Ice Co. v. Stewart,

253 U. S. 149, 40 Sup. Ct. 438, 64 L. ed. 834.

A contract for the services of a master of a vessel, the duties to be performed mainly upon the sea, is controlled by the maritime law though the engagement happened to be made within a state. Union Fish Co. v. Erickson, 248 U. S. 308, 39 Sup. Ct. 112, 63 L. ed. 261.

An entire contract to perform services and repair a steamship is within maritime jurisdiction. North Pac. S. S. Co. v. Hall Bros. Marine R. & Shipbuilding Co., 249 U. S. 119, 39 Sup. Ct. 221, 63 L. ed. 510.

The federal jurisdiction does not embrace the power to entertain a suit brought against a state without its consent. Duhne v. State of New Jersey, 251 U. S. 311, 40 Sup. Ct. 154, 64 L. ed. 280.

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When the court of a state having jurisdiction of the parties and subject-matter renders judgment, such judgment is conclusive in all other states. Cooley v. Kelley, 52 Ind. App. 687, 96 N. E. 638, 98 N. E. 653.

The exercise of a state court of an independent judgment in placing a construction upon a statute of another state, when a requirement was not complied with that it be proved as other facts by evidence introduced at the trial, can not present a federal question under the full faith and credit clause of the Constitution. Hartford Life Ins. Co. v. Johnson, 249 U. S. 490, 39 Sup. Ct. 336, 63 L. ed. 722.

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