EQUITY. See Jurisdiction, II, (3), 1.

1. Injunction, of special drainage assessments, under state
law. Risty v. Ry. Co......

2. Id. Compliance with conditions precedent and absence of
adequate legal remedy. Id.

Page.

378

3. Counterclaim; Rule 30. Right to seek counter injunc-
tion on counterclaim "arising out of the transaction which
is the subject matter of the suit." Moore v. Cotton Exch.. 593

ESTOPPEL. See Claims, 1, 10; Judgments, 1-4; Taxation,
II, 8.

EVIDENCE. See Army; Constitutional Law, I; IX, 13;
Federal Control Act, 2-3.

EXCEPTIONS:

1. Nunc Pro Tunc exceptions invalid. Fleischman Co. v.
U. S...

2. Trial Without Jury, under R. S. §§ 649, 700, necessity for
exceptions. Id.

EXCHANGES.
VII, 3.

See Anti-Trust Acts; Constitutional Law,

EXTENSIONS. See Interstate Commerce Acts, II, 3-6.

FEDERAL CONTROL ACT:

1. Compensation. Not recoverable in Court of Claims for
taking railroad where taking purely technical and without
loss to carrier. Marion &c., Ry. Co. v. U. S..................

2. Id. Burden on carrier to prove value of use taken, or
damage suffered, where taking was without agreement with
President. Id.

3. Id. Findings of Referees, appointed by Interstate Com-
merce Commission, not prima facie evidence of just com-
pensation if based on mere assumption without evidence of
loss or damage. Id.

4. Federal Agent, substitution of for carrier begins new pro-
ceeding. Mellon v. Weiss.....

....

5. Id. Limitation, in bill of lading, of time for suit not
suspended by prior pendency of suit against carrier. Id.
6. Settlements, of all demands as between United States and
railroads "growing out of federal control," do not cover

349

280

565

FEDERAL CONTROL ACT-Continued.

Page.

claims of carriers for government transportation antedating
federal control, which, having been paid, were erroneously
recharged against the Director General of Railroads by the
Treasury Department and were credited to him in his final
accounts with the railroads. U. S. v. Reading Co......... 320

FEDERAL EMPLOYERS' LIABILITY ACT. See Employers'
Liability Act.

FEDERAL QUESTION. See Jurisdiction.

FINAL JUDGMENT. See Jurisdiction.

FINDINGS. See Claims, 2,

7;

Interstate Commerce Acts,

II, 1-2; Jurisdiction, II, (4); III, 1; IV, 17.

FORECLOSURE. See Jurisdiction, IV, 24.

FOREIGN CORPORATIONS. See Taxation, II, 2, 4.

FRAUD. See Constitutional Law, IX, 4; Criminal Law, 2.
Fraud and Coercion, as ground of overcoming a release of
claim sued on,-facts to be distinctly and specifically pleaded.
Chamberlin Mach. Works v. U. S.....

HEALTH. See Constitutional Law, IX, 4.

INDEMNITY. See Claims, 11.

INDIANS. See Public Lands.

347

1. Guardianship. Status of United States as sole plaintiff
in suit in this Court to regain title to lands in Indian reserva-
tions erroneously patented to State. U. S. v. Minnesota... 181
2. Statutes of Limitations, inapplicable to suit to regain land
on behalf of Indians. Id.

3. Chippewa Lands. Effect of patents to Minnesota under
Swamp Land Act of tracts located in reservations established
before and after admission of State. Id.

4. Id. Effect of judgment of Court of Claims determining
title adversely to Indians and in favor of United States. Id.
5. Id. Rights of Chippewas in lands ceded to be sold under
Act, January 14, 1889, and damages recoverable for those
wrongfully patented to and disposed of by State. Id.

6. Reservations, impliedly remove land from subsequent dis-
posal as public land. Id.

INDIANS-Continued.

7. Id. Swamp land to which State had prior inchoate title
impliedly excepted from larger tract reserved for Indians.
Id.

8. Treaties. Courts powerless to annul on ground that In-
dians were prevented from exercising their free judgment.
Id.

9. Id. Not to be construed as divesting rights which could
not constitutionally be divested by act of Congress. Id.
10. Heirs of Allottee, by trust or restricted patent, con-
clusively determined by Secretary of Interior. First Moon
v. White Tail.....

11. Allotment Act of 1911, applies to suits claiming original
allotments only. Id.

Page.

243

12. Navigable Lake in Chippewa Reservation. Title to bot-
tom passed to State on her admission. U. S. v. Holt Bank.. 49
13. Allotments. Inheritance of not subject to state transfer
tax. Childers v. Beaver....

14. Id. Heirs determined by Secretary of Interior, state
law being adopted as federal rule. Id.

INHERITANCE. See Indians, 10, 13-14; Taxation, II, 4-6;
War Risk Insurance.

INJUNCTION. See Jurisdiction, IV, 21-22; Trade Commis-
sion Act.

On Counterclaim, See Equity.

555

1. Merger, of preliminary in final decree. Smith v. Tel. Co. 587
2. Confiscatory Rates. Remedy of public service corpora-
tion by injunction. Id.

3. Id. When further application for administrative relief
Hot condition precedent. Id.

4. Final Decree, on appeal from interlocutory orders. Moore
v. Cotton Exch .....

INSECTS. See Constitutional Law, VII, 1.

INSURANCE. See War Risk Insurance.

593

INTEREST. See Claims, 4, 8; Taxation, I, 1-4.

INTERNATIONAL LAW. See Boundaries; Treaties.

Power to seize and confiscate enemy ships. Littlejohn v.
U.S.....

215

Page.

INTERSTATE COMMERCE ACTS. See Federal Control

Act.

I. Carrier and Shipper.

1. Limitations. Transportation Act, and amendment, fixing
three year limitation on actions to recover charges from
carriers, not retroactive, and inapplicable to pending cases.
U. S. v. St. Louis &c. Ry. Co.......

2. Preference. Extra Service, by assigning special engine
and crew to shipper for spotting cars, can not be charged
for where spotting included in line-haul tariff. C., & O. Ry.
Co. v. Westinghouse Co......

3. Discrimination in Switching-order to remove does not
require participating carriers to admit complainant into ex-
isting arrangement. C. I. & L. Ry. Co. v. U. S.........
4. Id. May exist though complainant's line physically con-
nected with but one of several lines of defendants. Id.
5. Id. Electric Railroad, may have relief from discrimina-
tion in switching arrangement between steam railroads. Id.
II. Powers and Proceedings of Commission.

1. Discrimination. Similarity of circumstances determined
by Commission and not courts. Chicago &c. Ry. Co. v.
U.S......

2. Conclusive Effect of Finding that electric railroad was
engaged in general transportation of freight, where evidence
before Commission was not introduced in court. Id.

1

260

287

287

3. Unauthorized Extensions. Right of another carrier to
enjoin under Transportation Act without prior determination
by Commission. Ter. & Pac. Ry. Co. v. Gulf Ry. Co..... 266
4. Id. Function of Commission in determining whether it is
extension or industrial track, and right of carrier to invoke
decision, without waiver, and of other interested parties to
appear and resist. Id.

5. Id. Distinctions between extensions and spur or indus-
trial trackage. Id.

6. Id. Laches, in applying for injunction. Id.

7. Dismissal of Complaint, revokes order dependent on it.
Minneapolis R. R. Co. v. Peoria Ry. Co.....

8. Reopening of Case Dismissed, does not revive former
orders. Id.

9. Modification of Order. Formal action of Commission re-
quired; opinion of individual Commissioner immateral. Id.

580

INTERVENTION. See Materialmen's Act, 4.

JOINDER. See Equity, 3.

JUDGMENTS. See Claims, 10; Interstate Commerce Acts, II;
Jurisdiction, II, (2), 2; II, (4), 1–2; III, 3; IV, 18, 20.

1. Estoppel. Effect between adverse parties independent of
arrangement on record or which was actor. C. R. I. & P.
Ry. Co. v. Schendel....

2. Id. Pending Suit, barred by judgment recovered in suit
begun later in other jurisdiction. Id. ·

3. Id. Representation. Judgment against trustee binds
beneficiaries. Id.

4. Id. Identity of Parties, how tested. Id.
5. Finality of Judgment. Id.

JUDICIAL SALE. See Jurisdiction, IV, 24.

JURISDICTION:

I. Generally, p. 685.

II. Jurisdiction of this Court:

(1) Original, p. 686.

(2) Over Circuit Court of Appeals, p. 686.

(3) Over District Court, p. 686.

(4) Over Court of Claims, p. 687.

III. Jurisdiction of Circuit Court of Appeals, p. 687.

IV. Jurisdiction of District Court, p. 687.

V. Jurisdiction of Court of Claims, p. 689.

VI. Jurisdiction of Courts of District of Columbia, p. 689.

Admiralty Jurisdiction. See IV, 1-3.

Ancillary Jurisdiction. See IV, 24.

Certiorari. See II, (4), 1.

Diverse Citizenship. See IV, 9-11.

Equity Jurisdiction. See IV, 13.

Federal and Local Questions. See I, 1-2, 10; IV, 9, 12, 16.
Finality for Purposes of Review. See II, (2), 2; II, (4), 2;
III, 3; V.

Jurisdiction or Merits. See I, 4; IV, 25.

Removal. See II, (1), 1; IV, 6, 11-12.

I. Generally.

1. Local Question. Construction by state court of state
constitution as to uniformity of taxation, binding. Tank
Car Corp. v. Day....

Page.

611

367