CRIMINAL LAW-Continued.

2. Same. Statutes creating crimes will not be extended by judicial
interpretation to cases not plainly and unmistakably within their
terms.

Ib.

3. Same-In statutes creating and defining criminal offences, the
courts will not, by construction, engraft words in one section upon
those of another, unless the legislative intention be plain and
clear.
Ib.
4. PHOTOGRAPHING TREASURY NOTES.- It is a criminal act under the
legislation of Congress (13 Stats. at Large, 222, sec. 11) to photograph
or execute likenesses of United States treasury notes, although the sim-
ilarity between the photograph and the original be not such that it
is calculated to deceive the public. Ex parte Holcomb,
392.
5. Manufacture of coins of original design [see note].
Ib. 394.
6. BAIL.- In criminal cases.

DAMAGES.

See Bail.

1. EXTENT.- PROSPECTIVE DAMAGES.-Damages down to and even
beyond the day of trial may, in proper cases, be given. Fort v. Pa-
cific Railroad Company,

2. IN REPLEVIN.-See Replevin.

DECKS AND GUARDS. See Steamboats.

DECREE. See Judgment.

DEDICATION. See Municipal Corporation; Wharf.

DEED. See Acknowledgment; Conveyance; Taxation.

DISCHARGE. See Bankrupt Law.

DISTILLERY. See Internal Revenue.

259.

DISTRICT COURT. See Admiralty; Bankrupt Act; Circuit Court;
Courts; Internal Revenue.

DOWER.

1. LEGISLATIVE POWER OVER.- -The right of dower is inchoate and
contingent until the death of the husband, and before that event is,
as respects the wife, under the absolute control of the legislature;
and it is competent for the legislature to enact that deeds theretofore
executed, under a joint power of attorney from husband and wife,
shall be binding; and if both husband and wife are living at the
date of such enactment, the wife cannot, after the death of the hus-
band, claim dower on the ground that she had no legal power to
join her husband in appointing an attorney in fact at the time the
latter acted under the letter of attorney, and made a deed for value

DOWER- Continued.

purporting to convey a good title and to bar her dower. Randall v.
Kreiger,

(See Constitutional Law.)

2.

444.

FRAUDULENT CONVEYANCE. Effect of wife joining in fraudulent
conveyance,

45.

(See Bankrupt Law.)

DULUTH.

Controversy with the state of Wisconsin,

ELECTIONS. See Enforcement Act.

406.

CONTESTED ELECTION.-JURISDICTION.-The federal courts have no ju-
risdiction in any form of action or proceeding over cases of contest-
ed elections for state offices, except in the single case provided for in
the 23d section of the enforcement act (16 Stats at Large, 140), in
which the sole question touching the title to the office arises out of
the denial of the right to vote to citizens on account of race, color,
or previous condition of servitude. Harrison v. Hadley, Govern-
or,

ELEVATOR. See Wharf.

229.

Right to erect on public wharf,

70.

EMINENT DOMAIN. See Railroad.

1. EMINENT DOMAIN.- PAYMENT. INJUNCTION.- Where the constitu-
tion of a state requires payment of compensation to the land owner
or a deposit for him of the amount in money before private property
can be appropriated for public use, such payment or deposit is a
condition precedent to the appropriation of the property, and if a
corporation, public or private, is proceeding to take possession of
private property without making such payment or deposit, the land
owner is entitled to an injunction to restrain it, where the injury is
irreparable. Eidemiller v. Wyandotte City,
376.
2. IRREPARABLE INJURY. INJUNCTION.- The making of an embanked
roadway for public use was held to be an irreparable injury within
the meaning of the rule.

Ib.

3. INJUNCTION PENDING APPEAL.- And in such a case also the land
owner may have an injunction pending an appeal taken by him from
the assessment of damages, where compensation has not been paid
or deposited, and where no different provision is made by law. Ib.
Constitution of Kansas on the subject of the right of eminent do-
main, construed and applied.

4.

Ib.

5. Construction of legislative power to condemn lands. Ib. 382, note.

ENFORCEMENT ACT.

GOVERNOR OF STATE. ELECTION OFFICER.The governor of a
state is not an officer of election" within the meaning of sec-
tion 22 of the act of Congress of May 31, 1870 (16 Stats. at Large,
145), which makes it criminal for any election officer" fraudu-
lently to make any false certificate of the result of any congres-
sional election. United States v. Clayton,

66

219.

Same. The relations of a state to the general government, and of
the governor to both, referred to as showing the improbability
that Congress would (if its power be conceded) provide for the
trial and imprisonment of this officer for omitting or fraudulent-
ly performing election duties prescribed by state laws.

Ib.
2. SCOPE OF ACT.-The court comments upon the XIII. XIV. and
XV. amendments, the civil rights act, and the enforcement act,
and is of the opinion, under the evidence in the case, that they
do not apply to the alleged exclusion of the voters at the
election in controversy, as they were not excluded on the ground
of race, color, or previous condition of servitude. Harrison v. Hadley,
Governor,

229.

Same. Injunction denied, bill dismissed, and case distinguished
from Kellogg v. Warmouth, in the district of Louisiana.

Ib.

EQUITY.

1. CLOUD ON TITLE.-- Equity has jurisdiction to remove a cloud upon
the title to real estate where there is no adequate remedy at law.
Morton v. Root,
312.
2. RECEIVER TO COMPLETE UNFINISHED RAILROAD.-To prevent a
valuable land grant in favor of a railroad company from lapsing, a
receiver was appointed at the instance of bondholders of the com-
pany, whose principal security was the said lands, and the receiver
was empowered to borrow money to complete the unfinished por-
tions of the road, and his debentures issued for that purpose were
made a lien on the road and lands of the company. Kennedy v. St.
Paul & Pacific Railroad Company,
448.
3. Same.-Form of the order, and the nature of the lien for the money
borrowed.
Ib. note.
4. RAILROAD TARIFF LAW.-DIRECTIONS TO RECEIVER.-Directions
of the court to its receiver in possession of and operating the South-
ern Minnesota railroad, in respect to conforming to the state statute
regulating freight and passenger tariffs. In re McElrath, 460.
5. Same.-Petition of a shipper, whom the receiver had charged
more than the statutory rate, to be allowed to sue the receiver in
this court in respect of such excess, granted.
Ib.
6. RECEIVER.-BRIDGE CONTRACT.-LA CROSSE BRIDGE.- Contract for
the construction of a bridge across the Mississippi river at La Crosse,

EQUITY- Continued.

7.

8.

between the Bridge Company and the Southern Minnesota Railroad
Company (in the hands of a receiver appointed by this court, in a
foreclosure proceeding), ratified, subject, however, to certain condi-
tions limiting the duration of the contract, and to regulate the com-
pensation to be paid for the use of the bridge by the railroad com-
pany, or its assigns or successors, or the purchasers at the foreclosure
sale under the deed of trust. La Crosse Bridge,
465.
Same.- APPEAL.-The order of the court held not appealable by
bondholders not parties to the suit.

Ib.

FRAUDULENT JUDGMENT SET ASIDE.- A judgment rendered in fa-
vor of the holder of school district warrants which were fraudulently
issued, and where the school officers connived at the rendition of
such judgment, was, upon a bill in equity filed for that purpose, set
aside; but the court directed an inquiry to be made by a master as
to the consideration actually received by the district for the war-
rants, and subsequently rendered a decree against the district for
the amount in value of such consideration. School District v. Lom-
bard,
493.
9. PUBLIC NUISANCE.-RELIEF.- PRIVATE REMEDY. It is only in vir-
tue of special and individual injuries that private persons can apply
for relief in equity against public nuisances; and to justify such relief
it must appear that the remedy at law is inadequate. Illinois, &c.
Canal Company . St. Louis,
70.
10. Same.- INJUNCTION.― GRAIN ELEVATOR ON WHARF.-This prin-
ciple applied, and the plaintiffs held not entitled to an injunction
against the erection of a grain elevator on the public wharf at St.
Louis.

EVIDENCE. See Insurance, and Various Heads.

Ib.

1. RES GESTÆ. - DECLARATIONS OF DECEASED PERSON.-In an action
on a life policy, where the issue on trial was whether the assured
died by his own hand," and where it was clear that he had been
killed by a pistol shot, the court admitted in evidence as part of the
res gestæ, the declarations (under the circumstances stated in the
case) of another person since deceased as to the manner in which
the death had been caused: Following the Insurance Co. v. Mosley,
8 Wall. 397. Newton Insurance Company,
154.

2. COMPULSORY EXAMINATION.-The compulsory examination of a bank-
rupt under oath cannot be given in evidence against him on a
criminal proceeding. United States v. Prescott,

405.
3. EVIDENCE.- RIGHT OF PARTY TO TESTIFY.- Under the act of Con-
gress of March 3, 1865 (13 Stats. at Large, 533), the defendant was
allowed to testify in his own behalf as to matters embraced in the
deposition of the plaintiff's intestate. Mumm v. Owens, 475.

EXECUTION SALE. See Judgment; Judicial Sale; Internal Revenue.

EXEMPTION LAW. See Bankrupt Law; Homestead.

1. In Arkansas construed. In re Hezekiah,

2. In Kansas. See Kansas.

3. In Missouri. See Missouri.

551.

FEDERAL AND STATE COURTS. See Bankrupt Law; Circuit
Court; Removal of Causes; State Courts.

FELLOW SERVANT. See Master and Servant.

FERRY. See Bridge.

The particular mode of crossing the stream employed by the defend-
ants, and described in the opinion of the court, was held to be a
ferry, and not a bridge. Parrott v. City of Lawrence,

332.

FOREIGN JUDGMENT. See Judgment.

FOG. See Admiralty.

FORGERY. See Criminal Law.

Of indorsement of certificate of deposit,

FRAUD. See Bankrupt Law; Fraudulent Conveyance.

FRAUDULENT CONVEYANCE. See Bankrupt Law.

-

11.

1. ARTICLES OF SEPARATION. RECONCILIATION. — VOLUNTARY CON-
VEYANCE.— A and his wife separated and executed articles under
which A gave, for his wife's benefit, $2,000 in cash, and his notes
for $5,000, secured by deed of trust on his realty, she and her
trustees covenanting, in consideration thereof, that she would not
claim maintenance from A, or contract debts on his account, or
claim dower in his estate. After six weeks separation, the parties
came together again and executed new articles, declaring the
former articles void except so far as they created a separate es-
tate in favor of the wife. They lived together for several years
thereafter, when A fled the country and was adjudged bankrupt
on a creditor's petition: Held, in a suit by the assignee in bank-
ruptcy of A, that the conveyance for the wife's benefit was voluntary,
and therefore void as against creditors. Smith v. Kehr,
Held, also, that subsequent as well as antecedent creditors should
be admitted to share pro rata in the proceeds of the property. Ib.
2. Same.- HOMESTEAD.- The conveyance, though void. as against
creditors, was good as between husband and wife, and conveyed the
husband's right of homestead: Held, therefore, that the wife was enti-
tled to a homestead allowance out of the proceeds of the proper-

ty.

50.

Ib.