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INTERNAL-REVENUE LAWS AND REGULATIONS-Continued.

BILL OF LADING-Continued.

latter, free of charge, under a contract between the two companies, do not require a bill of lading, or manifest, under the provisions of the war-revenue law, and, if given, it is not liable to a stamp tax.

BOND

252.

7. A bond, though prepared and signed, still in the possession of the obligor unissued, and which may never be, is not a debt or obligation which is liable to taxation. 531.

8. Bonds provided for in a mortgage, to be issued or not as the future action of the mortgagor may determine, are not, until issued, the subject of taxation or an element in estimating the amount of stamps required for the mortgage. Ib.

BOND OR NOTE

9. As under the resolution of February 28, 1899, only one stamp is required upon two separate papers which constitute one transaction, as where a bond or note is given to evidence a debt and the mortgage executed to secure the same, the purposes of the law are fulfilled when the stamp in proper amount is affixed to either and canceled, such stamp being the highest rate required by said papers or either of them. 531.

"CALL"

10. A writing termed a "call," in which the signer agrees to sell the stock described in the paper at the price named, provided that holder of the paper calls upon him within the time specified, is taxable under the first paragraph of Schedule A of the warrevenue law. 447.

CERTIFICATES

11. Stamps should be affixed to certificates or other instruments issued for private use, prior to their delivery, to be furnished by the party applying therefor. 134.

CHARTER PARTIES

12. The paragraph of the war-revenue act of June 13, 1898, relating to charter parties, does not apply to vessels engaged in domestic commerce, as the law does not require that their tonnage should be registered. 168.

13. The charter parties of registered vessels sailing between the Atlantic and Pacific coasts of the United States in the coasting trade are to be stamped. 270.

14. The paragraph of Schedule A under the head of "Charter party" in the war-revenue law, applies to all vessels registered under the provisions of Title XLVIII, Revised Statutes, and does not apply to vessels enrolled or licensed under Title L. Ib.

CHECKS

15. Checks or drafts issued by the disbursing officers of the United States upon Government funds on deposit, in payment of its obligations or dues, are exempt from this tax. 134.

INTERNAL REVENUE LAWS AND REGULATIONS-Continued.

EXCESS BAGGAGE RECEIPT

16. An excess-baggage receipt issued by a railroad company to a passenger for excess weight of baggage does not require a stamp under the war-revenue law.

FERMENTED LIQUORS

246.

17. Section 3339, Revised Statutes, as amended by the war-revenue law, still contains the express provision that the tax on fermented liquors must be paid by the brewer. 279.

INSTRUMENT

18. A paper or instrument stipulating that certain securities or other property shall be held as indemnity or as a basis of credit, or a guaranty generally, without specifying particular property as security for the payment of a definite and certain sum, is not liable to tax under the provisions of the war-revenue act. 218. 19. The liability of an instrument to a stamp tax, as well as the amount of such tax, is determined by the form and face of the instrument, and can not be affected by proof of facts outside of the instrument itself. 368.

INSURANCE POLICY

20. The purpose of Schedule A of the war-revenue law is to tax the policy by which an insurance is made, either life, fire, or marine, and not the reinsurance of such policy. 318, 376.

LEGACIES

21. The tax provided for in section 29 of the war-revenue law is upon such legacies and distributive shares arising from personal property as exceed $10,000 in actual value, and not upon the gross amount of the estate in the hands of the executor or administrator. 298.

LIQUOR DEALERS

22. Retail liquor dealers are not required to pay the additional tax of $1 imposed by the war-revenue law on fermented liquors purchased by them prior to June 14, 1898, and held in stock by them on that day. 279.

MEDICINAL DRUGS

23. Uncompounded medicinal drugs or chemicals, no matter how put up or what is claimed for them, are exempt from tax by section 20 of the act of June 13, 1898. 272.

24. The act does not apply to such medicinal articles or preparations as are put up under pharmaceutical or classifying names for use of physicians in their practice, or pharmacists or druggists in their trade. Ib.

25. The class of medicines taxable under the provisions of the law are such as go to the consumer in the unbroken packages in which they are put up by the proprietor, manufacturer, or compounder, with name and disease and the directions for use without the intervention of a prescription of a physician or pharmacist. Ib.

INTERNAL-REVENUE LAWS AND REGULATIONS-Continued.

MEDICINAL DRUGS-Continued.

26. By the last clause of section 20 of the act of June 13, 1898, Congress intended to levy tax upon proprietary medicinal articles, or such as assume the character before the public of proprietary, patent, or trade-mark articles, and such medicinal articles as go from the hands of the proprietor, compounder, or manufacturer so put up in packages as to comport with the manner and style of patent, trade-mark, or proprietary medicines in general. Ib. MORTGAGE

27. In fixing the amount of tax required upon a mortgage or pledge of stock or property given to secure the payment of a promissory note for a definite and certain sum, the actual value of the stock or property is immaterial. 218.

28. Such a paper, being a pledge of property for the payment of a debt, is not to be construed as a power of attorney and stamped as such, as it only authorizes the holder, in case of default, to make the securities available for the purposes for which they were deposited. Ib.

See ante, § 8.

PROMISSORY NOTE

29. Upon promissory notes a stamp is required of the value of 2 cents for a sum not exceeding $100, and for each $100 or fractional part thereof in excess of $100, 2 cents additional. Ib.

"PUT"

30. The written evidence of a transaction called in brokers' parlance a "put," being an agreement on the part of the signer to buy stock, the opportunity to purchase being entirely dependent. upon the disposition of the bearer or the party to whom the paper is given, is not taxable under the war-revenue law. 447.

REBATE CHECKS

31. Rebate checks which are given by a railroad company to passengers who purchase their tickets from the conductor aboard the train do not require a stamp under the provisions of the warrevenue law. 248.

RECEIPTS

32. All receipts given for goods, merchandise, or property held on storage in a warehouse must be stamped. 283.

See ante, §§ 5, 16.

REINSURANCE POLICIES

33. Reinsurance policies need not be stamped under the war-revenue law of June 13, 1898. 318, 376.

STAMPS

34. The Commissioner of Internal Revenue has authority, with the approval of the Secretary of the Treasury, to make regulations looking to the redemption of unused documentary stamps issued under the act of June 13, 1898. 568.

INTERNAL-REVENUE LAWS AND REGULATIONS-Continued. STAMPS-Continued.

35. In the absence of such rules, the Commissioner of Internal Revenue may cause such unused stamps to be redeemed. Ib.

MISCELLANEOUS

36. The term "goods,” as used in the war-revenue act of June 13, 1898,

includes money. 178.

37. A doubt existing as to the right of the Government to exclude from packages of manufactured tobacco, cigars, cigarettes, etc., everything except the wrapper, label, and stamps under the act of June 24, 1897, a case should be presented to the courts to test the question. 181.

38. So long as a contractor is taxed uniformly with all others in the same line of business, upon the same transactions, and the tax

is levied for proper objects of taxation, he can not complain merely because his compensation or profits under his contract with the Government are thereby indirectly reduced. 192. 39. The term "accepted for transportation," as used in the warrevenue law, means goods received from a shipper or consignee other than the carrier itself, and is intended to apply to goods received for transportation in the usual manner by common carriers. 252.

40. Papers and instruments executed, made, or issued, and certificates given by officers of the United States in the discharge of their official functions and for the use and benefit of the Government, are exemp, from tax. 134.

INTERNATIONAL LAW.

1. The imprisonment of a citizen of the United States by an officer of a foreign Government without judicial process, or allegation of a violation of law, but because of an alleged disrespect of such official's authority, is such an injury as will render such Government liable in damages. 32.

2. Loss of time, absence from business, personal humiliation, and bodily and mental suffering resulting from a wrongful arrest and imprisonment are, under the laws of civilized countries, grounds for compensatory damages, the amount being determined in cases of this character through negotiations. Ib. 3. The terms upon which the representation of the interests of the United States at Havana was intrusted to the British consul during the war with Spain were informal, and did not specifically include the service of viséing certificates to be issued to Chinese persons. 72.

4. When territory is acquired by treaty or conquest, or otherwise, its relation to the nation acquiring it depends upon the laws of that nation, unless controlled by the instrument of cession. 150.

5. Hostilities between nations suspend intercourse and deprive citizens of the hostile nations of rights of an international character previously enjoyed.

268.

INTERNATIONAL LAW-Continued.

6. Property of a neutral, permanently situated within the territory of an enemy, is, from its situation, liable to damage from the lawful operations of war, and no compensation is due for such damage. 315.

7. On the cession of territory by one nation to another the internal laws and regulations of the former designated as municipal continue in force and operation until the new sovereign imposes different laws and regulations. 526.

8. The laws which are political in their nature and pertain to the prerogatives of the former Government immediately cease upon the transfer of sovereignty. Ib.

9. When public property is ceded by one nation to another its disposition and control are thereafter regulated and governed by the laws of the new owner.

546.

10. If in the grant of a right or privilege the sovereign has retained any authority which may affect its untrammeled exercise and enjoyment, such right is inchoate, and can be exercised only by the grace of the succeeding sovereign. Ib.

11. In territory held by conquest, the military authorities in possession, in the absence of legislation by Congress, may make such rules or regulations and impose such duties upon merchandise imported into the conquered territory as they may deem wise and prudent. 560.

12. The laws of a Government which have for their object a certain governmental policy, such as those for the disposition of public domain and the granting of quasi-public franchises, rights, and privileges to private individuals or corporations, ceases to have any force or effect after the sovereignty of such Government ceases. 574.

13. The issuance of registry to a vessel, entitling it to carry national colors, is an act of sovereignty, although the register itself is not the only document recognized by the law of nations as indicative of the ship's national character. 578.

14. In case of the annexation of a State or cession of territory, the substituted sovereignty assumes the debts and.obligations of the absorbed State or territory, taking the burdens with the benefits. 583.

15. The exception to this rule occurs where it is otherwise expressly provided by treaty stipulation, or the instrument of cession, when the absorbed territory becomes an integral part of the acquiring State, and is altogether merged in it, as in the case of the transfer of contiguous territory to a monarchy. Ib. 16. Where there is a distinct and independent civilized Government, potent and capable within its territorial limits, conducted by a separate executive, not acting as the mere representative by appointment of the distant central administration, such Government should respond, out of its separate assets. to any valid claims upon it, whether accruing in past, present, or future. Ib.

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