JAPAN. See Citizenship, 4.

JONES ACT. See Admiralty, 1-2.

JUDGMENTS. See Procedure, 3-4, 6.

JUDICIAL REVIEW. See Panama Canal; Procedure.

JURISDICTION. See Aliens, 3; Labor, 2-3; Procedure.

JURY. See Constitutional Law, II; V, 1, 3; Contempt, 1-2; Crimi-
nal Law; 3; Procedure, 8-9.

LABOR. See also Admiralty, 1-2; Employers' Liability Act;
Workmen's Compensation.

1. National Labor Relations Act-Refusal to bargain-Employer
insistence on contract clauses unacceptable to employees.-Employer's
refusal to sign collective-bargaining agreement unless it contained
certain clauses unacceptable to employees and not relating to "wages,
hours, and other terms and conditions of employment" amounted to
refusal to bargain. Labor Board v. Borg-Warner Corp., p. 342.

2. National Labor Relations Act-Jurisdiction of state courts-Suit
for unlawful expulsion from union.-Where union expelled member
in violation of his contractual rights under its constitution and
by-laws, state court had jurisdiction to order his reinstatement and
award damages for lost wages and physical and mental suffering,
even though National Labor Relations Board may have had power
to award back pay. International Association of Machinists v.
Gonzales, p. 617.

3. National Labor Relations Act-Jurisdiction of state courts-Tort
action for interference with right to work.-Where union, by mass
picketing and threats of violence during strike, prevented nonmember
from entering plant and working, state court had jurisdiction to
award him compensatory and punitive damages, even if union's con-
duct was unfair labor practice and National Labor Relations Board
had power to award him back pay. Automobile Workers v. Russell,
p. 634.

LIVESTOCK. See Packers and Stockyards Act.

LOUISIANA. See Constitutional Law, II.

LYNCHING. See Constitutional Law, III, 3–4.

MARKET AGENCY. See Packers and Stockyards Act.

MAXIMUM WEIGHT LAWS. See Taxation, 4.

MEMBER OF CREW. See Admiralty, 1-2; Aliens, 3.

MEXICO. See Constitutional Law, I, 1.

MILITARY. See Citizenship, 4; Constitutional Law, I, 2.

MONOPOLY. See Antitrust Acts; Federal Maritime Board.

MOTOR CARRIERS. See Interstate Commerce Commission, 1;

Taxation, 4.

MURDER. See Constitutional Law, II; III, 1, 3-4.

NARCOTICS. See Criminal Law, 2-3.

NATIONAL ARCHIVES. See Supreme Court.

NATIONALITY ACTS. See Aliens; Citizenship; Constitutional
Law, I, 1-2.

NATIONAL LABOR RELATIONS ACT. See Labor.

NATURALIZATION. See Citizenship, 1-3.

NAVIGATION. See Admiralty.

NEGLIGENCE.

See Admiralty; Employers' Liability Act; Pro-
cedure, 6, 9; Workmen's Compensation.

NEGROES. See Constitutional Law, II; III, 3–4; V, 2-3.

NEW JERSEY. See Constitutional Law, III, 2.

NEW YORK. See Constitutional Law, VI.

NORTH CAROLINA. See Constitutional Law, VI.
OIL. See Taxation, 1-2.

PACKERS AND STOCKYARDS ACT.

Stockyard owner's regulations—Restrictions on market agency—
Validity-Stockyard owner's regulations providing that market
agency doing business at its stockyard shall not, in "normal market-
ing area" thereof, solicit business for, or divert business to, any other
market held invalid as applied to market agency also registered at
other stockyards; taking of evidence not essential to "full hearing"
in circumstances of case. Denver Union Stock Yard Co. v. Pro-
ducers Livestock Marketing Assn., p. 282.

PANAMA CANAL.

Suit to compel reduction of tolls-Appropriateness of judicial
action-Administrative Procedure Act.-Controversy as to whether
Panama Canal Co., as creature of Congress and agent of President,
should fix lower tolls for use of Canal not presently appropriate for
judicial action; question not subject to judicial review under § 10,
Administrative Procedure Act. Panama Canal Co. v. Grace Line,
p. 309.

PAUPERS. See Procedure, 7.

PENALTIES. See Taxation, 4.

PERSONAL INJURIES. See Admiralty; Employers' Liability
Act; Procedure, 6, 9; Workmen's Compensation.

PICKETING. See Labor, 3.

PROCEDURE. See also Constitutional Law, III; V; VI; Con-
tempt, 1-2; Criminal Law, 3; Panama Canal.

1. Supreme Court-Review of state-court judgment-Material not
in record.-Material not in record of state courts and not considered
by them will not be considered by Supreme Court in reviewing judg-
ment of State Supreme Court affirming murder conviction and death
sentence. Ciucci v. Illinois, p. 571.

2. Supreme Court-District Court order to distribute fund im-
pounded pending appeal-Supersedeas.-After Supreme Court's modi-
fication and affirmance of judgment of District Court and remand to
it for remand to Interstate Commerce Commission for further pro-
ceedings on order raising suburban commuter fares of railroad, Dis-
trict Court ordered distribution of fund impounded pending that
appeal. On notice of appeal from its order for distribution of funds,
District Court denied stay and Supreme Court denies supersedeas.
Chicago, M., St. P. & P. R. Co. v. Illinois (opinion of FRANKFURTER, J.,
dissenting), p. 906.

3. Courts of Appeals-Appeal-Timeliness-"Entry of Judg-
ment."—In suit against Government for money only, time for appeal
ran from filing of formal judgment specifying amount-not from filing
of opinion granting summary judgment for plaintiff but not specifying
amount. United States v. Schaefer Brewing Co., p. 227.

4. Courts of Appeals-Appeal-Timeliness-Final judgment.—
District Court's order dismissing cause of action was final judgment
and appeal filed within 30 days thereafter was timely under Rule
73 (a), Federal Rules of Civil Procedure. Jung v. K. & D. Mining
Co., p. 335.

5. Courts of Appeals-Appeal from order dismissing complaint.-
Rule that plaintiff who has voluntarily dismissed his complaint may
not appeal from order of dismissal not applicable when order resulted
from plaintiff's motion to amend earlier order so as to expedite
review thereof. United States v. Procter & Gamble Co., p. 677.

6. Courts of Appeals-Reversing District Court and directing judg-
ment for appellant-Remand for taking of evidence.-When District
Court had stricken affirmative defense under State Workmen's Com-
pensation Act and awarded judgment to plaintiff without hearing his
evidence on issue, Court of Appeals erred in directing judgment for
defendant without remand to permit plaintiff to introduce evidence.
Byrd v. Blue Ridge Electric Cooperative, p. 525.

PROCEDURE-Continued.

7. Courts of Appeals-Denial of leave to appeal in forma pauperis
from conviction of crime-Issue not frivolous.-Court of Appeals
should not have denied leave to appeal in forma pauperis from con-
viction for crime when issue raised was not frivolous. Ellis v. United
States, p. 674.

8. District Courts - Discovery and production-Grand jury
records.-Defendants in civil suit to enjoin violations of Sherman Act
failed to show "good cause" under Rule 34 for discovery and produc-
tion of grand jury records when they did not show that grand jury
investigation had been subverted by Government to elicit evidence
in civil case.
United States v. Procter & Gamble Co., p. 677.

9. District Courts-Diversity of citizenship cases-State law-Jury
to decide factual issues.-Though factual issue on affirmative defense
under State Workmen's Compensation Act is triable by judge in
state courts, it should be tried by jury in federal court having juris-
diction because of diversity of citizenship. Byrd v. Blue Ridge
Electric Cooperative, p. 525.

10. District Courts-Criminal contempt-Remand for resentenc-
ing. After reversing in part judgment of conviction for contempt this
Court vacated judgment and remanded case to District Court for
resentencing in light of opinion; but District Court resentenced for
same time. This Court vacates that judgment and remands with
directions that sentence be reduced. Yates v. United States, p. 363.
RACIAL DISCRIMINATION. See Constitutional Law, II.

RADAR STATION. See Admiralty, 1.

RAILROADS. See Antitrust Acts; Employers' Liability Act;
Interstate Commerce Commission, 2; Procedure, 2.

RATES. See Federal Maritime Board; Interstate Commerce Com-
mission; Panama Canal; Procedure, 2.

RECORDS. See Supreme Court.

REMAND. See Procedure, 2, 6, 10.

RESTRAINT OF TRADE. See Antitrust Acts; Federal Maritime

Board; Packers and Stockyards Act.

RIGHT TO WORK. See Labor, 2-3.

ROADS. See Taxation, 4.

ROBBERY. See Constitutional Law, III, 2.

RULES OF CIVIL PROCEDURE. See Procedure, 3-4, 8.

RULES OF CRIMINAL PROCEDURE. See Procedure, 7.

SEAMEN. See Admiralty, 1-2; Aliens, 3.

SELF-INCRIMINATION. See Constitutional Law, V.

SENTENCE. See Constitutional Law, IV; Contempt, 2; Proce-
dure, 10.

SHERMAN ACT. See Antitrust Acts; Procedure, 8.

SHIPPING. See Admiralty; Federal Maritime Board; Panama
Canal.

STAY. See Procedure, 2.

STOCKYARDS. See Packers and Stockyards Act.

STRIKES. See Labor, 3.

SULPHUR. See Taxation, 1.

SUPERSEDEAS. See Procedure, 2.

SUPREME COURT. See also Procedure, 1-2.

Clerk authorized to transfer certain records and papers to
National Archives, p. 901.

1. Income tax-Payment for assignment of oil payment right—
Ordinary income-Not capital gain.-Payment for assignment of oil
payment right (or sulphur payment right) taxable as ordinary in-
come; not long-term capital gain under § 117 of Internal Revenue
Code of 1939. Commissioner v. P. G. Lake, Inc., p. 260.

2. Income tax-Exchange of oil payment right for real estate-Not
tax-free exchange.-Exchange of oil payment right for fee simple
interest in real estate not tax-free exchange of property under
§ 112 (b)(1) of Internal Revenue Code of 1939. Commissioner v.
P. G. Lake, Inc., p. 260.

3. Income tax-Deductions-Expenses of leasing premises and
hiring employees for gambling enterprises.-Amounts expended to
lease premises and hire employees for conduct of gambling enter-
prises, illegal under state law, held deductible as ordinary and neces-
sary business expenses under § 23 (a) (1) (A) of Internal Revenue
Code of 1939. Commissioner v. Sullivan, p. 27.

4. Income tax-Deductions-Fines paid by truck owners for viola-
tions of maximum weight laws.-Fines paid by truck owners for
violations of state maximum weight laws held not deductible as “ordi-