291 U.S.

Decisions Denying Certiorari.

No. 763. UNITED STATES v. FIDELITY INVESTMENT ASSN. March 19, 1934. Petition for writ of certiorari to the Court of Claims denied. Solicitor General Biggs for the United States. Messrs. Dean Acheson and John Marshall for respondent. Reported below: 78 Ct. Cls. -; 5 F.Supp. 19.

No. 784. MARYLAND CASUALTY Co. v. SEAY ET AL. March 19, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Ernest W. Clemens for petitioner. No appearance for respondents. Reported below: 67 F. (2d) 819.

No. 794. DELUCA, ADMINISTRATRIX, V. SHEPARD STEAMSHIP CO., INC. March 19, 1934. March 19, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. J. Joseph Lilly for petitioner. Mr. Arthur M. Boat for respondent. Reported below: 65 F. (2d) 566. See also 67 F. (2d) 437.

No. 796. ILLINOIS BANKERS LIFE ASSN. ET AL. v. TALLEY, ADMINISTRATOR. March 19, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Hamp P. Abney, Hamp P. Abney, Jr., and Lewis A. Stebbins for petitioners. Mr. Spearman Webb for respondent. Reported below: 68 F. (2d) 4.

No. 798. GENERAL SECURITIES CORP. v. HOMEWOOD. March 19, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. J. T. Stokely for petitioner. Messrs. Walter Brower, John London, and Geo. W. Yancey for respondent. Reported below: 67 F. (2d) 513.

Cases Disposed of Without Consideration by the Court. 291 U.S.

March 19,

No. 800. CHANNING v. UNITED STATES. 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Mr. Barton Corneau for petitioner. Solicitor General Biggs, Assistant Attorney General Wideman, and Messrs. Sewall Key and H. Brian Holland for the United States. Reported below: 67 F. (2d) 986.

CASES DISPOSED OF WITHOUT CONSIDERATION
BY THE COURT, FROM JANUARY 9, 1934, TO
AND INCLUDING MARCH 19, 1934.

No. 705. UNITED STATES EX REL. VOIGT v. TOOMBS, U.S. MARSHAL. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit. February 5, 1934. Petition for writ of certiorari dismissed on motion of Mr. Brantley Harris for petitioner. Reported below: 67 F. (2d) 744.

No. 779. UNITED STATES v. CAMPBELL. Appeal from the District Court of the United States for the Southern District of New York. February 12, 1934. Appeal dismissed and mandate granted on motion of Solicitor General Biggs for the United States. Reported below: F.Supp. 156.

5

No. 838. UNITED STATES v. BROWN ET AL. Appeal from the District Court of the United States for the Western District of Kentucky. March 5, 1934. Dismissed and mandate granted on motion of Solicitor General Biggs for the United States. Reported below: 6 F.Supp. 331.

No. 18, original. PENNSYLVANIA V. ARKANSAS. March 5, 1934. Bill of complaint dismissed without prejudice on motion of Mr. William A. Schnader for the complainant.

INDEX

ABANDONMENT. See Antitrust Acts, 1.

ACCIDENT. See Insurance, 5-6.

ACCOUNTS. See Taxation, I, 13.

Account Stated. Essentials. R. H. Stearns Co. v. U.S., 54.

ADMINISTRATIVE DECISIONS.

(A), 2; VI, (B), 12-14.

See Constitutional Law, VI,

Proceeding in state court on appeal from tax appraisal held
judicial rather than administrative. City Bank Co. v. Schna-
der, 24.

ADVISORY OPINIONS. See Jurisdiction, I, 1.

ALIEN LAND LAW.

See Morrison v. California, 82.

ALIENAGE. See Aliens; Constitutional Law, VI, (B), 8.
ALIENS.

1. Immigration Act. Penalties. Steamship company bringing
in non-quota immigrant without unexpired visa or reëntry permit,
held subject to fine though immigrant eventually be admitted.
Hamburg-American Line v. U.S., 420.

2. Admission. Prohibited Classes. Alien woman whose chief
object in coming to United States was to resume residence and
pursue legitimate occupation held not one coming for immoral
purpose. Hansen v. Haff, 559.

3. Id. Reëntry permit does not entitle alien of prohibited class
to remain. Id.

4. Deportation. Limitations. Alien of prohibited class subject
to deportation within five years of entry or reëntry. Id.

5. California Alien Land Luw. Validity and construction. Mor-
rison v. California, 82.

AMENDMENT.

Constitutional Amendment. See U.S. v. Chambers, 217.

ANTITRUST ACTS.

1. Sherman Act. Conspiracy. Injunction. Conspiracy affect-
ing interstate commerce in live and freshly killed poultry; when
intrastate acts will be enjoined; abandonment of conspiracy;
parties convicted of conspiracy estopped in injunction suit to
deny participation prior to indictment; scope of injunction decree.
Local 167 v. U.S., 293.

2. Clayton Act. Jurisdiction of Federal Trade Commission.
Dissolution of holding company and reorganization after com-
mencement of proceeding under Clayton Act held to have ousted
jurisdiction of Federal Trade Commission. Arrow-Hart & Hege-
man Co. v. Federal Trade Comm'n, 587.

ARMY.

Enlisted Men. Retired Pay. Status of member of Philippine
Scouts as enlisted man in Army; right to retired pay and allow-
ances; effect of adverse decision of Comptroller General. Miguel
v. McCarl, 442.

ASSIGNMENTS OF ERROR.

Failure to comply with statute and Rules as ground for dis-
missal. Local 167 v. U.S., 293.

ASSUMPTION OF RISK. See Employers'. Liability Act, 1.

ATTACHMENTS. See Bankruptcy, 4.

ATTORNEY'S FEES. See Constitutional Law, VI, (B), 5; VI,
(C), 3.

AUTOMOBILE ACCESSORIES. See Taxation, 1, 9.

BANKRUPTCY.

1. Jurisdiction. Removal of suits against trustees; power of
bankruptcy court to protect jurisdiction. Ex parte Baldwin, 610.
2. Id. State Courts. Creditor's suit in state court to set aside
fraudulent conveyance made by bankrupt more than four months
prior to petition, not terminated by bankruptcy proceedings; right
of creditor to prosecute suit may be withdrawn only by trustee's
election under § 70 (e) to assert creditor's rights; state court's
refusal of bankrupt's demand that creditor's suit be stayed, sus-
tained. Connell v. Walker, 1.

3. Provable Debts. Landlord's claim for future rents not prov-
able. Manhattan Properties v. Irving Trust Co., 320.

4. Attachment Liens. Bankrupt alone can not elect under § 67
(f) to avoid lien. Connell v. Walker, 1.

BANKS.

1. Powers. Pledge of Assets. National bank has no power to
pledge assets to secure private deposit. Texas & Pacific Ry. v.
Pottorff, 245.

2. Id. National bank without power to pledge assets to secure
funds of State, or political subdivision thereof, unless located in
State where state banks are so authorized. Marion v. Sneeden, 262.

3. Id. Illinois banks without power to pledge assets to secure
deposit of political subdivision of State. Id.

4. Ultra Vires Contracts. Right of national bank to have ultra
vires pledge of assets set aside. Texas & Pacific Ry. v. Pottorff,
245.

5. Insolvency. Preferences. Receiver not estopped to deny
validity of ultra vires pledge of assets and may recover uncondi-
tionally for benefit of general creditors. Texas & Pacific Ry. v.
Pottorff, 245; Marion v. Sneeden, 262.

BONDS. See Constitutional Law, VI, (B), 7; Contractors' Bonds.
BOUNDARIES.

1. Boundary between New Jersey and Delaware. New Jersey v.
Delaware, 361.

2. Doctrine of Thalweg. Id.

"BREAK AND TAKE" CANDY.

See Federal Trade Comm'n v. Keppel & Bro., 304.

BRIDGES. See Constitutional Law, VI, (B), 4.

BUDGET AND ACCOUNTING ACT. See Army.

Function of General Accounting Office in auditing and settling
claims. Globe Indemnity Co. v. U.S., 476.

BURDEN OF PROOF. See Citizenship; Constitutional Law, IV;
VI, (A), 1; VI, (B), 8; Criminal Law, 2; Evidence, 6; Taxa-
tion, I, 8.

BUREAU OF STANDARDS. See Federal Trade Commission, 9.
BUSINESS. See Constitutional Law, VI, (B), 2-5; VI, (C), 3-4.
CALIFORNIA.

Alien Land Law. See Morrison v. California, 82.

CANADA. See Treaties, 4.

CESSION. See Constitutional Law, I, 7–8.

CHARGE TO JURY. See Constitutional Law, VI, (B), 11; Crim-