to change or annul them, unless its authority in this respect has been curtailed. 26: 113.

16. Labor. The contract labor laws do not extend to the Canal Zone. The act of March 3, 1903 (32 Stat. 1213), extended those laws to "any water, Territory, or other place now subject to the jurisdiction" of the United States, but the treaty with the Republic of Panama giving the United States jurisdiction of the zone was of a later date. 26: 1.

barracks.-Appropria

17. Marine tions. The Isthmian Canal Commission is legally empowered, acting under the direction of the President, to avail of the Panama Canal appropriations (acts of December 21, 1905, 34 Stat. 5, and June 30, 1906, 34 Stat. 697, 761, 762), for the purpose of erecting and maintaining marine barracks in the vicinity of Ancon, Isthmus of Panama. 26: 81.

18. Opium importation.-The courts of the Canal Zone have jurisdiction, under the Panama Canal act of August 24, 1912 (37 Stat. 560), to impose the penalties prescribed in section 7 of the said act of January 17, 1914. 30: 271.

19. Same.-Sections 5 and 6 of the act of January 17, 1914, which is amendatory of the act of February 9, 1909 (35 Stat. 614), prohibiting the importation and use of opium for other than medical purposes, are applicable to the Canal Zone. 30: 271.

20. Panama Railroad Co.-Freight rates. Articles manufactured in Panama should be transported by the Panama Railroad Co. at the reduced freight rates provided for in article 20 of the agreement between the Republic of Colombia, now Panama, and the Panama Railroad Co., irrespective of whether the raw material from which they are made is of home or foreign production. 29: 23.

21. Same. The executive officers of the Government have no authority under existing law to fix rates over the Panama Railroad below the cost of service for the purpose of reimbursing the losses of private shippers resulting

from the closing of the Panama Canal. 30: 508.

22. Same.-Annual payment of $250,000 for its concession.-A claim made by the appropriate officers of the United States upon the officers of the Panama Railroad Co. for the $250,000 per annum which that company agreed to pay the Republic of Colombia for its concession would, of itself, imply a recognition by the United States Government of the agreement previously entered into by the railroad company as regards its concession and would render any formal reaffirmation thereof on the part of the United States unnecessary. 27:19.

23. Same.-When a new sovereign succeeds to the rights of one dispossessed of a territory in which concessions of a public character have been granted, it must be presumed, in the absence of express action on its part indicating unmistakably a contrary intention, to adopt and ratify the acts of its predecessor in respect thereto. 27: 19.

24. Same. The party entering into such a contract can not rightfully repudiate the terms of such concessions and thus release itself from the obligations imposed upon it by such existing contracts, merely because the sovereign with whom it contracted has been through the vicissitudes of war or revolution, or as the result of a treaty of cession, succeeded by a different sovereign. 27: 19.

25. Same. Any individual or corporation dealing with a sovereign power does so with notice of all the necessary incidents of sovereignty, among which is the possibility that its sovereign power over the territory to which the contract relates may be transferred to another. 27: 19.

26. Same. The substitution of the United States in the several powers and rights held successively by New Grenada, Colombia, and Panama by reason of contractual relations with the Panama Railroad Co., or its predecessors in title, does not of itself affect the rights of the sovereign power of

the United States under such contract, or make a formal reaffirmation of such rights on the part of the latter necessary. 27: 19.

27. Same. The action of the United States with regard to this railroad company amounts to a recognition of the previously existing contractual relations, which, of itself, would supply the place of a formal reaffirmation, if the same were necessary. 27: 19.

28. Same. If the obligation of the railroad company to make the annual payment was made dependent upon the observance by the sovereign power of those agreements to be fulfilled by it and contained in the contract in question, then a failure on its part in this regard releases the railroad company from any obligation to pay the money. 27:19.

29. Same. If, however, such agreements are independent, then the failure of the sovereign power to observe such agreement, although it may, at least in theory, give a right of action to recover damages for such failure, does not affect the duty of the railroad company to perform its part of the contract. 27: 19.

30. Same. The agreement of the Colombian Government not to establish another railroad, being in derogation of its rights of sovereignty, is to be strictly construed, and can not be reasonably extended to a prohibition against permitting the establishment of a pipe line. 27:19.

31. Same. When the construction of the Panama Canal shall have caused injury to the business of the Panama Railroad, it would seem clear that the latter corporation would have, under article 2 of its agreement with the Republic of Colombia, a legal right to a reasonable indemnity. 27:19.

32. Same. The agreement to indemnify the railroad from loss of business through the construction of the canal amounts to an altogether independent covenant, and a breach thereof in no way affects the duty of the railroad to pay the $250,000 per annum. The same is true with respect |

to the provision in article 5 granting to the railroad company the exclusive right to establish carriage roads across the Isthmus. 27: 19.

33. Same. Assuming that the gov ernment of the Canal Zone, by authority of the President, has promulgated regulations controlling and directing the use of the ports and that this is in derogation of section 1 of article 6 of the agreement with the Colombian Government, there is nothing to show that the assumption of this duty has involved the railroad company in pecuniary loss, and there is no relation between the right of the railroad to regulate the ports under Colombian sovereignty and its obligation to pay $250,000 annually for the privileges granted. 27: 19.

34. Same. If the United States made the abandonment, as agent of the railroad company, of the 78,357 hectares of vacant land granted by section 3, article 9, of the concession, the act was either ineffective or else authorized by the company; and in either case, it evidently could not constitute a violation of the contract made by the United States with the railroad company through its assumption of the obligations of the previous sovereigns, as expressed in their concessions. 27: 19.

35. Same. Even if it be conceded that article 8 of the treaty might form the basis of a just claim for indemnity by the railroad, it could not release the railroad from the payment of the annual stipend. 27:19.

36. Same.-Officers of the railroad company are not, by virtue of that fact, officers of the United States; but they are bound to protect the interests of the United States to the same extent that officers of a corporation are bound to protect the interests of its stockholders, and the Government of the United States can not overlook the fact in dealing with the railroad it is dealing with its own property. 27: 19.

37. Penal Code and Code of Criminal Procedure.-Amendment by Executive Order.-By section 2 of the Pana

ma Canal act of August 24, 1912 (37 Stat. 561), the President is prohibited from amending sections 342, 368, and 461 of the Penal Code and repealing section 47 of the Code of Criminal Procedure of the Canal Zone. 30: 344.

38. Same.-Section 23 of the Code of Criminal Procedure of the Canal Zone may be amended by the President by virtue of section 7 of the Pana a Canal act, which authorizes him to establish by order rules governing the magistrates' courts. 30: 344.

39. Process agents.-The Canal Zone is not within the contemplation of the act of August 13, 1894 (28 Stat. 279). which provides that surety companies doing business outside of the States or Territories under which they are incorporated shall appoint agents residing within the jurisdiction of the court where such suretyship is to be undertaken, upon whom process may be served. 27: 136.

40. Retirement of Army and Navy officers serving on the Isthmus of Panama. Under the act of March 4, 1915 (38 Stat. 1190), providing for recognizing the services of certain officers of the Army, Navy, and Public Health Service in connection with the construction of the Panama Canal, when an officer otherwise within the purview of the act applies for retirement he must be retired, and the President has no iscretionary authority to postpone the date of retirement to such time as he may deem proper. 30: 406.

41. Salaries and privileges under Panama Canal act.-The money value of the privileges of quarters, light, and fuel should not be taken into consideration in determining the salary or compensation of employees of the Panama Canal, who are appointed and whose salary or compensation is fixed under the provisions of the Panama Canal act of August 24, 1912 (37 Stat. 561). 30:548.

42. Same. The term "compensation," as used in section 4 of the Panama Canal act, refers to salary or wages payable to employees as separate and

| distinct from the privileges or allowances that may be granted them as to quarters, light, and fuel. 30: 548.

43. Sovereignty over the Colon Wharf. A vessel loading at the Colon Wharf of the Panama Railroad Co. and subsequently entering a port of the United States should be regarded as coming from a "foreign port or place" within the meaning of section 36 of the tariff act of August 5, 1909 (36 Stat. 111), and the Republic of Panama, for the purposes under consideration, should be treated as sovereign over such wharf. 29:269.

44. Wages of Canal Zone employees. It would be legal for the Panama Canal authorities to revise the scale of wages in effect on the Isthmus so that the same should be based on the wages of civilian employees of the naval establishments in the continental United States after the latter have received the benefit of the increases provided in the naval appropriation act of March 4, 1917 (39 Stat. 1195). 31: 138.

45. Same. The provision of the sundry civil appropriation act of July 1, 1918 (40 Stat. 696), that "no money now or hereafter appropriated for the payment of wages not fixed by statute shall be available to pay wages in excess of the standard determined upon by the War Labor Policies Board" does not apply to the wages of employees of the Panama Canal paid under authority of section 4 of the Panama Canal act of August 24, 1912 (37 Stat. 561). 31:328. ACCEPTANCE OF BIDS, UNREASONABLE

DELAY. See CONTRACTS, I, b, 32. BOND OF OFFICERS ON DUTY. See SURETY COMPANIES, 5.

HOURS OF SERVICE, LABORERS, ETC. See EIGHT HOUR LAW 30, 31. INTERNATIONAL CONTRACTING COMPANY OF MAINE. See IMMIGRATION, III, a, 25.

MATERIAL AND Equipment, Purchase. See TRUSTS AND MONOPOLIES, II, 14. RETIREMENT OF ARMY AND NAVY OFFICERS SERVING ON ISTHMUS OF PANAMA. See NAVY, II, a4(a), 89.

PANAMA CANAL ZONE

RATES OF DUTY, CANAL ZONE. See CUSTOMS LAW IV, 36, 37. ISSUANCE OF PASSPORTS. PORTS, 4-6.

24.

PANAMA RAILROAD

See RAILROADS, I, 9-25; V, b, 62.

PAPER

PURCHASE. See PRINTING, III, 23,

1. The effect of a pardon is to obliterate the offense and make him who had been an offender as innocent, in legal contemplation, as if he had never offended, to remove all disabilities incident to the offense charged, and to restore to him all civil rights which he would have had if he had not offended, so far, at least, as it is in the power of the Government to make it so. 26: 618.

2. Removal of disabilities-Recommission. The effect of a communication sent by The Adjutant General of the Army on March 20, 1866, to the Governor of Kansas, asserting that by direction of the President of the United States the disabilities resulting from the dismissal of Albert H. Campbell, formerly a captain in the Fourteenth Regiment Kansas Volunteer Cavalry, |

4. A pardon can not change an existing or accomplished fact, or operate as an honorable discharge from the Army where, as matter of fact, the person pardoned was dishonorably discharged by the sentence of a courtmartial. 27: 178.

5. The form a pardon may assume is not important; it need not be addressed to the beneficiary 27: 178.

6. Restoration of title to prope.ty.— Where property of a disloyal person was seized by the military forces of the Government during the Civil War, and no proceedings by way of forfeiture, condemnation, sale, etc., were had concerning it as would suffice to divest his title or any portion of it, and transfer it to third persons or to the United States, then a subsequent pardon restores to him his plenary title. 30: 246. CONSTRUCTIVE PARDON. See NAVY, II, a, 63.

NAVAL DESERTER. See NAVY, II, b, 139-140.

NAVAL OFFICERS DISMISSED BY SENTENCE OF COURTS-MARTIAL. See NAVY, II, a5, 135; PENSIONS, 2.

PARTIAL PAYMENTS See CONTRACTS, V, 86.

PARTNERSHIPS

FOREIGN PARTNERSHIPS. See INTERNAL REVENUE, II, c, 71, 72.

PARTNERSHIP ASSOCIATIONS, INCOME TAX. See INTERNAL REVENUE, III, e, 91.

1. American citizens and aliens.By virtue of a proviso to the diplomatic and consular appropriation act of March 2, 1921, the provisions of the passport control act of May 22, 1918, and of the regulations issued pursuant thereto, which relate to requiring passports and visas from aliens seeking to come to the United States, have not been affected by the joint resolution of Congress of March 3, 1921, and are still in force and effect. 32: 493.

2. Same. In so far as the said act of March 22, 1918, relates to American citizens entering and leaving the United States, and to aliens leaving the United States, it has been rendered inoperative by the aforesaid joint resolution of March 3, 1921. 32:493.

3. The Governor of Porto Rico may be authorized to issue passports under the provisions of section 4075 of the Revised Statutes, as amended by the act of June 14, 1902 (32 Stat. 386). 31: 151.

4. Natives residing in the Canal Zone. Citizens of Panama who were residents of the Canal Zone at the time of the treaty between the United States and Panama, and who have not taken any affirmative action to retain citizenship in that Republic, owe allegiance to the United States and are entitled to passports. 26: 376.

5. Same.-Section 4076, Revised Statutes, which provides that no passport shall be granted or issued to any other persons than those owing allegiance to the United States, means permanent allegiance, and not the temporary allegiance owing from a resident. 26: 376.

DUTY TO REGISTER PRINTS. See PATENTS, 17.

EXPIRATION OF PATENTS. See PATENTS, 1.

PATENTS

1. Expiration.-Separate patents, issued to an inventor on different dates, the subject matter of both having been filed originally in one application and required by the Patent Office to be prosecuted separately, do not expire contemporaneously, the requirement of division by the Patent Office being a proper one. 32: 135.

2. Infringement.-Cartridge-case extractor. A cartridge-case extractor manufactured in accordance with Letters Patent No. 625326, known as the Driggs and Tasker patent, would not be an infringement upon Letters Patent No. 599482, or Tasker patent. 28:52.

3. Same. Considering the specifications and first claim of the Tasker patent together, the curvature of the wall of the slot against which the face of the extractor works must be considered as an ingredient part of the combination claimed. The shape of the wall of this slot and the removable means for normally blocking the openings into the guide-grooves mentioned in the fifteenth, sixteenth, and seventeenth claims were new ingredients and patentable, but neither of these claims is present in the Driggs-Tasker extractor. 28:52.

4. Same. It is elementary patent law that to constitute an infringement of a combination claim every element of the combination must be present in the infringing patent. 28: 52.

5. Same.-Claim of General Transmission Co. for infringement of the Seibt patent.-The General Trans