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CONSTITUTIONAL LAW. See Habeas Corpus, 3; Naturalization,
1-2.

I. Miscellaneous, p. 819.
II. Commerce Clause, p. 819.
III. Fifth Amendment, p. 819.

IV. Fourteenth Amendment, p. 820.
I. Miscellaneous.

1. War Power. Curfew order applicable to persons, though
citizens, of Japanese ancestry, valid. Hirabayashi v. U. S., 81;
Yasui v. U.S., 115.

2. Id. Congress and Executive together bad constitutional au-
thority to prescribe curfew order as emergency war measure.
Hirabayashi v. U. S., 81.

3. Id. Exercise of war power not invalid because it restricts
liberty of citizens. Id.

4. Delegation of Power. Promulgation of curfew order by mili-
tary commander not based on unconstitutional delegation of legis-
lative power. Id.

5. Id. Authorization of curfew orders for protection of war
resources from espionage and sabotage satisfied constitutional re-
quirements. Id.

6. Federal Regulation. Natural Gas. Validity of rate order of
Federal Power Commission under Natural Gas Act. Federal Power
Comm'n v. Hope Natural Gas Co., 591.

7. Federal Statutory Rights. Congress may determine how
rights which it creates shall be enforced. Switchmen's Union v.
Mediation Board, 297.

8. Full Faith and Credit. Effect of full faith and credit clause
generally; "judicial proceedings” and “records” both embraced.
Magnolia Petroleum Co. v. Hunt, 430.

9. Id. Award under Texas workmen's compensation law which
was res judicata barred further recovery in Louisiana. Id.
II. Commerce Clause.

1. Federal Regulation. Validity of federal regulation as applied
to publicly operated terminals. California v. U.S., 577.

2. Id. Validity of rate order under Natural Gas Act. Federal
Power Comm'n v. Hope Natural Gas Co., 591.
III. Fifth Amendment.

1. Due Process. Discrimination. Fifth Amendment contains
no equal protection clause and restrains only such discriminatory
legislation as amounts to denial of due process. Hirabayashi v.
U.S., 81.

[graphic]

CONSTITUTIONAL LAW-Continued.

2. Id. Curfew order applicable to persons, though citizens, of
Japanese ancestry, valid. Hirabayashi v. U. S., 81; Yasui v. U. S.,
115.

3. Drie Process. Confiscation. Refusal of I. C. C. to include in
carrier's divisions of joint rates voluntary payments for service which
was no part of the transportation service, did not confiscate carrier's
property. 1.C.C.v. Hoboken R. Co., 368.

4. Id. Validity of rate order of Federal Power Commission un-
der Natural Gas Act; requirements of Constitution not more exact-
ing than standards of Act. Federal Power Comm'n v. Hope Nat-
ural Gas Co., 591.

5. Procedure. Hearing. Congress not required to provide judi-
cial review of draft board's classification prior to final acceptance of
registrant for service. Falbo v. U. S., 549.
IV. Fourteenth Amendment.

1. Freedom of Speech. Picketing. State court's injunction
against picketing in circumstances here, invalid. Cafeteria Em-
ployees Union v. Angelos, 293.

2. Id. Right to peaceful picketing may not be taken away merely
because of isolated incidents of abuse short of violence. Id.

3. Conservation. Regulation of production of oil and gas to pre-
vent waste and to secure equitable apportionment among landown-
ers, valid. Hunter Co. v. McHugh, 222.

4. Id. Act No. 157 of Louisiana Acts of 1940 not invalid on its
face. Id.
CONTRACTS. See Interstate Commerce Act, 6; Limitations;

Shipping, 4.
CONTRIBUTORY INFRINGEMENT. See Patents for Inventions,

11.
CONVEYANCES. See Securities, 2.
CORPORATIONS. See Criminal Law, 7; Drugs, 1; Evidence, 3.
COSTS.

Payment of Costs. See Jobin v. Arizona, 719.
COUNSEL. See Habeas Corpus, 3.
COUNTERCLAIM. See Judgments, 3; Procedure, 5.
COURTS. See Jurisdiction.
CRIMES. See Criminal Law.
CRIMINAL APPEALS ACT. See Jurisdiction, I, 8–9; II, 4.

CRIMINAL LAW. See Drugs, 1-2; Habeas Corpus, 1-3.

1. Offenses. Peonage. Arrest of person with intent to hold him
in peonage was violation of Criminal Code $ 269. U.S. v. Gaskin,
527.

2. Kickback Act applicable to company foreman who had au-
thority to discharge subordinates. U. S. v. Laudani, 543.

3. Selective Training & Service Act. That registrant's classifica-
tion was erroneous no defense in prosecution for failure to obey local
board's order to report for induction. Falbo v. U. S., 549.

4. Emergency Price Control Act. Revocation of price regulation
under Emergency Price Control Act no bar to indictment and
prosecution for violation committed when regulation was in force.
U.S. v. Hark, 531.

5. Sentence. Multiple Counts. On review of conviction on two
counts of indictment, if one of two concurrent sentences is sustain-
able, other need not be considered. Hirabayashi v. U. S., 81.

6. Sentence. Probation. Federal court may not on revocation
of probation set aside sentence and increase term of imprisonment.
Roberts v. U.S., 264.

7. Verdict. Consistency. Finding officer guilty, but not corpo-
ration, valid. U.S. v. Dotterweich, 277.
CURFEW. See Constitutional Law, I, 1-5.
CUSTOMS. See Compensation.
DAMAGES. See Jurisdiction, V, 2-3.

Infringement of Patent. Defendant who added non-infringing
and valuable improvements not liable for profits therefrom. Mar-

coni Co.v. U.S., 1.
DEDUCTIONS. See Taxation, 1-7.
DEFINITENESS. See Statutes, 1.
DELEGATION OF POWER. See Constitutional Law, I, 4–5.
DEMURRAGE. See Shipping, 1.
DENATURALIZATION. See Naturalization, 1.
DEPLETION. See Public Utilities, 7.
DEPRECIATION. See Public Utilities, 7.
DIRECTED VERDICT. See Trial.
DISCLAIMER. See Patents for Inventions, 6-8.
DISCLOSURE. See Patents for Inventions, 4.
DISCRIMINATION. See Constitutional Law, III, 1-2.

DISTRICT OF COLUMBIA. See Jurisdiction, IV, 1-5.
DIVERSITY OF CITIZENSHIP. See Jurisdiction, I, 4.
DIVISIONS. See Interstate Commerce Act, 3–5.
DOMICILE. See Jurisdiction, IV, 4.
DRAFT BOARD. See Constitutional Law, III, 5; Criminal Law, 3.
DRUGS.

1. Food, Drug & Cosmetic Act. Offenses. Shipping adulterated
and misbranded drugs; liability of corporate officers and agents;
sufficiency of evidence. U.S. v. Dotterweich, 277.

2. Id. Provision of § 305 for notice to person against whom
proceeding is contemplated does not create condition precedent to

prosecution for violation of $ 301. Id.
EJUSDEM GENERIS. See Statutes, 5.
EMERGENCY PRICE CONTROL ACT. See Criminal Law, 4.
EMPLOYERS' LIABILITY ACT. See Jurisdiction, II, 6.

1. Evidence. Sufficiency of evidence to go to jury. Brady v.
Southern Ry. Co., 476.

2. Id. Uniform federal rule applicable. Id.
EQUAL PROTECTION. See Constitutional Law, III, 1.
EQUITY. See Taxation, 11.

1. Discretion. Court may withhold relief from patentee who has
misused patent to secure limited monopoly of unpatented material.
Mercoid Corp. v. Mid-Continent Co., 661; Mercoid Corp. v.
Minneapolis-Honeywell Co., 680.

2. Id. Exercise of discretion in such case not foreclosed by failure
of defendant to interpose defense in earlier litigation. Mercoid

Corp. v. Mid-Continent Co., 661.
ESPIONAGE. See Constitutional Law, I, 5.
ESTATE TAX. See Taxation, 5–7.
ESTOPPEL. See Equity, 2.
EVIDENCE. See Bankruptcy, 1; Drugs, 1; Employers' Liability

Act, 1-2; Interstate Commerce Act, 9; Jurisdiction, I, 11; II, 6, 9;
Motor Carrier Act, 4; Naturalization, 1; Securities, 3; Waters, 4.

1. Burden of Proof in controversies involving relative rights of
States. Colorado v. Kansas, 383.

2. Sufficiency of Evidence in denaturalization proceeding that de-
fendant lacked attachment to principles of Constitution. Schnei-
derman v. U. S., 118.

EVIDENCE—Continued.

3. Responsibility for Shipment. Question of corporate officer's
responsibility for shipment of misbranded drugs, properly left to

jury. U. S. v. Dotterweich, 277.
EXPRESSIO UNIUS. See Statutes, 5.
FAIR LABOR STANDARDS ACT. See Labor, 1.
FARMERS. See Bankruptcy, 1-2.
FEDERAL POWER COMMISSION. See Constitutional Law, I, 6;

III, 4; Public Utilities, 1-13.
FIFTH AMENDMENT. See Constitutional Law, III, 1-5.
FINDINGS. See Interstate Commerce Act, 1, 9; Jurisdiction, I, 12,

14; II, 8; IV, 4; VI, 2.
FIRE. See Shipping, 3, 5.
FIRE STATUTE. See Shipping, 3, 5.
FOG. See Admiralty, 1.
FOOD, DRUG & COSMETIC ACT. See Drugs, 1-2.
FOREMEN. See Criminal Law, 2.
FRAUD. See Taxation, 2.

Allegations. Complaint alleged equivalent of "gross fraud" under
Alabama law. Bell v. Preferred Life Society, 238.
FRAUD ORDER. See Taxation, 2.
FREEDOM OF SPEECH. See Constitutional Law, IV, 1-2.
FREE TIME. See Shipping, 1.
FREIGHT CHARGES. See Interstate Commerce Act, 3-8.
FULL FAITH AND CREDIT. See Constitutional Law, I, 8-9.
GOVERNMENT EMPLOYEES. See Compensation.
GRANDFATHER CLAUSE. See Motor Carrier Act, 1-2, 4.
HABEAS CORPUS.

1. Propriety of Writ. Issuance of writ by this Court in aid of
appellate jurisdiction discretionary. Ex parte Abernathy, 219.

2. Id. Petitioner seeking relief from judgment of state court
must exhaust remedies in state courts. Id.

3. Sufficiency of Petition. Issue whether petitioner intelligently
waived right to assistance of counsel and trial by jury adequately
raised. U.S. ex rel. McCann v. Adams, 220.

4. Denial of Writ. Effect of. Ex parte Abernathy, 219.

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