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INDEX

ACCOUNTS AND ACCOUNTING.
See INTERSTATE COMMERCE, 3, 4, 5, 7, 8.

ACTIONS.
1. Denomination; determination of.
How an action brought in the state court shall be denominated is for

the state court to determine. Thomas v. Taylor, 73.

2. Timeliness of filing suit to restrain enforcement of municipal ordinance

prescribing penalties.
Where, as in this case, the provisions imposing penalties for non-

compliance are separable from the ordinance, it is time enough
to file a bill when the attempt is made to apply the penalties
oppressively; they cannot be made the basis of a bill until then.

Western Union Telegraph Co. v. Richmond, 160.
See CONGRESS, POWERS OF, 4, 5; INDIANS, 17-21;

CONSTITUTIONAL LAW, 25, 34; LOCAL LAW (MINN., 3, 4);
EMPLOYERS' LIABILITY Act, NATIONAL BANKS, 1;
5, 6;

PATENTS, 3, 7, 12, 13, 14;
FEDERAL QUESTION, 2, 3;

Quo WARRANTO;
RECEIVERS.

ACTS OF CONGRESS.
ALASKA.—Act of May 14, 1898, 30 Stat. 409 (see Interstate Com-

merce, 10): Interstate Com. Comm. v. Humboldt S. S. Co., 474.
ANTI-TRUST Act of July 2, 1890, 36 Stat. 209 (see Restraint of Trade):

United States v. St. Louis Terminal, 383.
ARMY.-Rev. Stat., 88 1094, 1096, and act of June 1, 1888 (see Army

and Navy, 2): Wood v. United States, 132.
BANKRUPTCY.-Rev. Stat., 88 3467, 3468, 3469 (see Bankruptcy, 1, 2):

Guarantee Co. v. Title Guaranty Co., 152. Act of March 3, 1897
(see Bankruptcy, 1, 2): 1b. Act of March 2, 1867 (see Bank-
ruptcy, 2): 1b. Act of July 1, 1898 (see Bankruptcy, 3, 4): Ib.
Section 24b (see Bankruptcy, 12, 13): Matter of Loving, 183.

683

Section 25a (see Bankruptcy, 7, 11, 12, 13): Calnan & Co. v.
Dougherty, 145. Section 256 (see Bankruptcy, 7, 8): 16. Sec-

tion 67a (see Bankruptcy, 5): Holt v. Crucible Steel Co., 262.
CLAIMS AGAINST UNITED STATES.-Act of June 25, 1910, 36 Stat. 851

(see Patents, 3, 12, 13, 14): Crozier v. Krupp, 290.
COMMERCE.Sherman Act of July 2, 1890, 26 Stat. 209 (see Inter-

state Commerce, 11): Henry v. A. B. Dick Co., 1. Act of June 29,
1906, 34 Stat. 584 (see Constitutional Law, 7): Interstate Com.
Comm. v. Goodrich Transit Co., 194; (see Interstate Commerce,

1-7): Interstate Com. Comm. v. Humboldt S. S. Co., 474.
Customs DUTIES.--Act of July 24, 1897, 30 Stat. 151 (see Customs

Law; Jurisdiction, A 4; Treaties, 2): Altman & Co. v. United
States, 583. Reciprocal agreement with France of May 30, 1898,

30 Stat. 1774 (see Customs Law): Ib.
EMPLOYERS' LIABILITY Act of June 11, 1906, 34 Stat. 232 (see States,

3): Missouri Pacific Ry. Co. v. Castle, 541; (see Employers' Lia-
bility Act, 3): Philadelphia, B. & W. R. R. Co. v. Schubert, 603.
Act of April 22, 1908, 35 Stat. 65 (see Employers' Liability Act):

Philadelphia, B. & W. R. R. Co. v. Schubert, 603.
INDIANS.—Act of June 28, 1898, 30 Stat. 505 (see Indians, 5, 9, 10, 12):

Choate v. Trapp, 665. Act of July 1, 1902, 32 Stat. 716 (see In-
dians, 3, 4, 26): Gritts v. Fisher, 640. Act of April 26, 1906, 34
Stat. 137 (see Indians, 3, 27): 1b. Act of June 21, 1906, 24 Stat.
325 (see Indians, 27): 16. Act of May 27, 1908, 35 Stat. 312 (see
Indians, 5, 7, 15): Choate v. Trapp, 665; Heckman v. United

States, 413.
JUDICIARY.Rev. Stat., 88 566, 649, 700 (see Appeal and Error, 7):

Campbell v. United States, 99. Act of March 3, 1891, 26 Stat.
826 (see Jurisdiction, A 1, 2, 3, 4; Treaties, 2): Altman & Co. v.
United States, 583; Herndon-Carter Co. v. Norris & Co., 496.
Section 6 (see Bankruptcy, 9, 10): Calnan & Co. v. Doherty, 145.
Act of March 3, 1911, 36 Stat. 1087 (see Jurisdiction, A 5, 6, 7;
Statutes, A 9): Washington Home for Incurables y. American S. &

T. Co., 486; American S. & T. Co. v. District of Columbia, 491.
MINES AND MINING.-Act of June 6, 1900, 31 Stat. 321 (see Mines

and Mining, 1, 2, 3): Waskey v. Chambers, 564.
Navy.-Rev. Stat., $ 1556 (see Army and Navy, 4): Plummer v. United

States, 137. Act of June 30, 1882 (see Army and Navy, 7): Ib.
Acts of March 2, 3, 1899, and Rev. Stat., $ 1019 (see Army and
Navy, 1, 2, 4, 5): Wood v. United States, 132; Plummer v. United
States, 137. Acts of June 7, 1900; March 2, 1907, and May 13,

1908 (see Army and Navy, 4, 6, 7): Plummer v. United States, 137.
PORTO Rico.-Foraker Act of April 12, 1900, 31 Stat. 77 (see Local

Law, Porto Rico, 2): Gromer v. Standard Dredging Co., 362. Sec-

tion 35 (see Appeal and Error, 4): Gonzales v. Buist, 126. Act of
July 1, 1902, 32 Stat. 731 (see Local Law, Porto Rico, 2, 3):

Gromer v. Standard Dredging Co., 362.
SAFETY APPLIANCE Acts of March 2, 1893, 27 Stat. 531, and March 2,

1903, 32 Stat. 943 (see Employers' Liability Act, 7): American
R. R. Co. v. Birch, 547; (see Safety Appliance Acts, 1, 2): Brink-

meier v. Missouri Pacific Ry. Co., 268.
TELEGRAPHS.-Act. of July 24, 1866, 14 Stat. 221 (see Telegraph

Companies): Western Union Tel. Co. v. Richmond, 160.

ADMINISTRATIVE BODIES.

See JURISDICTION, J 1.

ADMISSION TO STATEHOOD.
See PRACTICE AND PROCEDURE, 23.

ALASKA.
See INTERSTATE COMMERCE, 1, 2, 10;

JURISDICTION, F;
TERRITORIES.

ALIENATION OF LAND.

Şee INDIANS.

LIGNMENT OF PARTIES.

See JURISDICTION, C.

ALLOTTEE INDIANS.

See INDIANS.

ALTERATION OF INSTRUMENTS.

See MINES AND MINING, 3.

AMENDMENTS TO CONSTITUTION.

See CONSTITUTIONAL Law.

ANTI-TRUST ACT.
See RESTRAINT OF TRADE.

APPEAL AND ERROR.
1. Direct appeal from Circuit Court; time for perfecting where decree

supplies certificate.
While the jurisdictional certificate must be issued during the term at

which the question is decided, if the certificate is supplied by a

decree in due form showing all that is required by the certificate,
the appeal may be perfected within two years, as are other ap-
peals. (Excelsior Waler Power Co. v. Pacific Bridge Co., 185
U. S. 282.) Herndon-Carter Co. v. Norris & Co., 496.

2. Direct appeal from Circuit Court; sufficiency of presentation of ques-

tion of jurisdiction.
In this case the record shows that there was but one final order or

decree which at the same time quashed the service of the sum-
mons and dismissed the case for want of jurisdiction; and an
appeal from such a decree brings to this court the question of
jurisdiction. 16.

3. From territorial courts; questions brought up.
On appeals from the courts of the Territories, questions of weight and

credibility of evidence are not for the consideration of this court.
Tille Guaranty Co. v. Nichols, 346.

4. From Supreme Court of Porto Rico; rules governing.
Under $ 35 of the Porto Rican act of April 12, 1900, 31 Stat. 85, c. 191,

writs of error to and appeals from final decisions of the Supreme
Court for the District of Porto Rico are governed by the rules
that govern writs of error to and appeals from Supreme Courts of
the Territories, which confine this court to determining whether
the court below erred in deducing its conclusions of law from the
facts as found, and to reviewing errors committed as to admis-
sion or rejection of testimony upon proper exception preserved.
(Young v. Amy, 171 U. S. 179.) Gonzales v. Buist, 126.

5. From Supreme Court of Porto Rico; scope of agreed statement or find-

ings of fact.
On appeal from the Supreme Court of a Territory the agreed state-

ment or findings must be of the ultimate facts; for if they are
merely, as in this case, a recital of testimony or evidentiary facts,
there is nothing brought to this court for consideration, and the
judgment must be affirmed (Glenn v. Fant, 134 U. S. 398.) Ib.

6. Rejection on appeal of theory as to issues assented to by trial court and

parties.
Where the parties, with the assent of the court, unite in trying a case

on the theory that a particular matter is within the issues, that
theory cannot be rejected when the case is in the appellate court
for review. San Juan Light & Transit Co. v. Requena, 89.

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