206 U.S. Decisions on Petitions for Writs of Certiorari.

Ward and Mr. Austen G. Fox for petitioners. Mr. William G. Wilson for respondents.

No. 737. NORTH CHICAGO STREET RAILROAD COMPANY ET AL., PETITIONERS, v. CHICAGO CONSOLIDATED TRACTION COMPANY ET AL; and No. 738, WEST CHICAGO STREET RAILROAD COMPANY ET AL., PETITIONERS, v. CHICAGO CONSOLIDATED TRACTION COMPANY ET AL. May 27, 1907. Petitions for writs of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied. Mr. Henry S. Robbins for petitioners. Mr. James F. Meagher, Mr. Nathaniel C. Sears, Mr. Clarence A. Knight and Mr. A. J. Hopkins for respondents.

No. 740. THE AMERICAN NEWS COMPANY, PETITIONER, V. THE UNITED STATES. May 27, 1907. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. Albert H. Washburn for petitioner. The Attorney General and The Solicitor General for respondent.

No. 744. OXFORD AND COAST LINE RAILROAD COMPANY, PETITIONER, v. UNION BANK OF RICHMOND, VA. May 27, 1907. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied. Mr. Thomas B. Womack for petitioner. Mr. William L. Royall for respondent.

No. 745. STANLEY FRANCIS, PETITIONER, V. THE UNITED STATES. May 27, 1907. Petition for a writ of certiorari to

Cases Disposed of Without Consideration by the Court. 206 U. S.

the United States Circuit Court of Appeals for the Third Circuit denied. Mr. Charles L. Frailey for petitioner. The Attorney General and The Solicitor General for respondent.

CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT MAY 13 AND 27, 1907.

No. 172. EMMA L. KAIPU IN BEHALF OF MIKALA KAipu, APPELLANT, v. L. E. PINKHAM, PRESIDENT OF THE BOARD OF HEALTH, ETC. Appeal from the District Court of the United States for the Territory of Hawaii. May 13, 1907. Death of Mikala Kaipu having been suggested, and the case abated, appeal dismissed. Mr. A. G. M. Robertson for appellant. Mr. Lorrin Andrews for appellee.

No. 781. CANDIDO ACOSTA ET AL., APPELLANTS, V. THE PEOPLE OF PORTO RICO. Appeal from the Supreme Court of Porto Rico. May 27, 1907. Docketed and dismissed with costs, on motion of Mr. Solicitor-General Hoyt in behalf of counsel for appellees. No one opposing.

No. 728. SUSAN E. PORTERFIELD, PETITIONER, V. GERARD D. MOORE, TRUSTEE, ETC., ET AL. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit. May 27, 1907. Dismissed, on motion of counsel for petitioner. Mr. Forrest W. Brown for petitioner. No appearance for respondents.

APPROPRIATIONS FOR AGRICULTURAL COLLEGES, Act of August 30, 1890,
26 Stat. 415 (see Public Lands, 5): Wyoming Agricultural College v.
Irvine, 278.

BANKRUPTCY, Act of 1898 (see Bankruptcy): Hiscock v. Varick Bank, 28;
(see Pledge, 3): Warehousing Co. v. Hand, 415.

EIGHT-HOUR LAW, Act of August 1, 1892, 27 Stat. 340 (see Eight-hour
Law): Ellis v. United States, 246.

INDIANS, Act of Feb. 6, 1871, 16 Stat. 404 (see Indians, 2): United States v.
Paine Lumber Co., 467.

INTERSTATE COMMERCE ACT (see Interstate Commerce Commission): Cin-
cinnati &c. Ry. Co. v. Interstate Com. Comm., 142; (see Jurisdiction, B):
Southern R. R. Co. v. Tift, 428.

JUDICIARY, Rev. Stat. § 709 (see Jurisdiction, A 3): Yates v. Jones National
Bank, 158.

NATIONAL BANKS, Rev. Stat. § 5239 (see Jurisdiction, A 3; National Banks):
Yates v. Jones National Bank, 158.

NAVIGABLE WATERS, Act of March 3, 1899, 30 Stat. 1151, § 9 (see Navigable
Waters): Stone v. Southern Illinois Bridge Co., 267. Act of January 26,
1901, 31 Stat. 741 (see Navigable Waters): Ib.

NAVY, Rev. Stat. § 1466 (see Army and Navy, 1): United States v. Faren-
holt, 226. Navy Personnel Act of March 3, 1898, 30 Stat. 1007 (see
Army and Navy, 1): Ib.

PHILIPPINE ISLANDS, Act of June 30, 1906, 34 Stat. 636 (see Philippine Is-
lands): United States v. Heinszen, 370.

PORTO RICO, Foraker Act, 31 Stat. 79, §§ 8, 34 (see Porto Rico, 2): Romeu

v. Todd, 358.

567

PUBLIC LANDS, Act of May 15, 1856, 11 Stat. 9 (see Public Lands, 1): Iowa
Railroad Land Co. v. Blumer, 482. Act of July 2, 1862, 12 Stat. 503,
as amended by act of March 3, 1883, 22 Stat. 484 (see Public Lands, 5):
Wyoming Agricultural College v. Irvine, 278. Act of March, 1903, 32
Stat. 1903, § 13 (see Public Officers, 2): Stewart v. United States, 185.
Rev. Stat. §§ 2237-2241 (see Public Officers, 1): Ib.

TARIFF, Act of July 24, 1897, 30 Stat. 151, 183, par. 360 (see Customs
Duties, 2): Goat & Sheepskin Co. v. United States, 194, par. 408 (see
Customs Duties, 3): Frankenberg v. United States, 224.

ADVERSE POSSESSION.

See PUBLIC LANDS, 2, 3.

AGENTS.

See PHILIPPINE ISLANDS.

AGRICULTURAL COLLEGES.

See PUBLIC LANDS, 5.

ALIENATION OF LAND.

See INDIANS, 1.

ALLOTTEE INDIANS.

See INDIANS, 2.

AMENDMENTS TO CONSTITUTION.

Fifth. See CONSTITUTIONAL LAW, 8, 9, 11, 13; PHILIPPINE ISLANDS, 2.
Fourteenth. See CONSTITUTIONAL LAW; TAXES AND TAXATION, 3.
Tenth. See CONGRESS, POWERS OF.

1. Construction of Navy Personnel Act of 1898 and § 1466, Rev. Stat.-Pay
of passed assistant and assistant surgeons.

A court is not always confined to the written words of a statute; construction
is to be exercised as well as interpretation and a statute will not be con-

strued as giving higher pay to the inferior officer. Under the Navy Per-
sonnel Act of March 3, 1898, 30 Stat. 1007, and § 1466, Rev. Stat.,
passed assistant surgeons of the navy, as well as assistant surgeons,
rank with captains in the army and are entitled to the pay of a captain
mounted. United States v. Farenholt, 226.

2. Courts-martial, personnel of—Right to pay of officer dismissed on sentence
of court-martial illegally constituted.

The prohibition in the 77th Article of War against officers of the regular
army serving on courts-martial to try soldiers and officers of other forces
is peremptory, and, notwithstanding the contrary construction of
former articles on the same subject, an officer of the regular army,
although on indefinite leave of absence, to enable him to accept a
volunteer commission, is not competent to sit on a court-martial to
try a volunteer officer; and if without him there would have been in-
sufficient number there is no court and the sentence of dismissal void,
and in this case an officer so sentenced and dismissed was entitled to
his pay until the organization to which he belonged was mustered out.
The refusal to grant an officer so discharged an honorable discharge did
not under the circumstances amount to his active retention in the
service and entitle him to pay after the organization to which he be-
longed had been discharged. United States v. Brown, 240.

See CONSTITUTIONAL LAW, 10, 13;

COURTS-MARTIAL, 2.

ARTICLES OF WAR.

See ARMY AND NAVY, 2;

COURTS-MARTIAL, 2.

ASSIGNEE IN BANKRUPTCY.
See PLEDGE, 3.

BANKRUPTCY.

1. Effect of bankruptcy act on state law.

The bankruptcy act does not deprive a lienor of any remedy with which he
is vested by the state law. Hiscock v. Varick Bank, 28.

2. Provable claims-Life insurance policies-Partnership and individual
debts.

Individual policies on the life of a partner held as collateral security for
his individual indebtedness can be sold by the creditor and applied to
the payment of such individual debt although the debtor was also
liable for partnership debts; and if the policies are fairly sold by the
creditor he can prove for the balance of the individual debt and the
whole of the partnership debt. Ib.

See PLEDGE, 3.

BEADS.

See CUSTOMS DUTIES, 3.