8. A certificate issued to a Chinese laborer under the fourth and fifth sec-
tions of the act of May 6, 1882, 22 Stat. 58, c. 126, as amended July
5, 1884, 23 Stat. 115, c. 220, conferred upon him no right to return to
the United States of which he could not be deprived by a subsequent
act of Congress. 1b.
See RAILROAD, 4;
TAX AND TAXATION, 1, 2.
When the constitution of a State imposes upon the municipal corporations
within it a limitation of their power to incur debts, it is not within
the power of the legislature of the State to dispense with that limita-
tion, either directly or indirectly. Lake County v. Graham, 674.
See CORPORATION, 3;
1. Courts decline to enforce contracts which impose a restraint, though
only partial, upon business of such character, that restraint to any
extent will be prejudicial to the public interest. Gibbs v. Consolidated
Gas Co. of Baltimore, 396.
2. But where the public welfare is not involved and the restraint upon one
party is not greater than protection to the other party requires, a con-
tract in restraint of trade may be sustained. Ib.
3. A corporation cannot disable itself by contract from the performance
of public duties which it has undertaken, and thereby make public
accommodation or convenience subservient to its private interests. Ib.
4. Where particular contracts are inhibited by statute, and if attempted,
are in positive terms declared "utterly null and void," such contracts
will not be enforced.
5. Recovery cannot be had for services rendered, or losses incurred, in
securing the execution of an illegal agreement, by a party privy to the
unlawful design. Ib.
6. When, under a contract to furnish, and to put in complete operation
in the purchaser's mill, machinery of a certain description and quality,
for a price payable partly upon the arrival of the machinery at the
mill, and partly after the completion of the work, the machinery fur-
nished and set up does not, when tested, comply with the requirements
of the contract, the purchaser, upon giving notice to the seller that, if
the latter does not "put the mill in repair so that it will do good
work," the former will do so, is entitled to deduct, in an action for the
unpaid part of the price, the reasonable cost of altering the construc-
tion and setting of the machinery so as to conform to the contract.
Stillwell and Bierce Manufacturing Co. v. Phelps, 520.
CONTRIBUTORY NEGLIGENCE.
When, in an action brought by an employé of a railroad company to
recover damages for injuries caused by the negligence of other em-
ployés, the defence of contributory negligence is set up, the plaintiff is
entitled to have the question submitted to the jury unless no recovery
could be had upon any view which could be properly taken of the facts
which the evidence tended to establish. Dunlap v. Northeastern Rail-
road, 649.
1. In the United States a corporation can only have an existence under
the express law of the State by which it is created, and can exercise
no power or authority which is not granted to it by the charter under
which it exists, or by some other legislative act. Oregon Railway and
Navigation Co. v. Oregonian Railway Co., 1.
2. When a statute makes a grant of property, powers, or franchises to a
private corporation or to a private individual, the construction of the
grant in doubtful points should always be against the grantee, and in
favor of the government; and this general rule of construction applies
with still greater force to articles of association organizing a corpora-
tion under general laws. Ib.
3. When a state constitution contains a general provision that corporations
shall not be created by special laws, but may be formed under general
laws, no private corporation can be created thereafter until such gen-
eral law has been enacted. Ib.
4. When a corporation is organized through articles of association entered
into under general laws, the memorandum of association stands in the
place of a legislative charter in so far that its powers cannot exceed
those enumerated therein; but powers enumerated and claimed therein
which are not warranted by statute are void for want of authority.
Thomas v. Railroad Co., 101 U. S. 71, explained. Ib.
5. The use of the words "successors or assigns" in a proviso attached to
a statute making specific grants to a corporation does not necessarily
imply that the corporation can transfer all its property and its fran-
chises to another corporation, to be exercised by the latter. lb.
6. A provision in a general act for the organization of corporations that a
corporation organized under it may authorize its own dissolution and
the disposition of its property thereafter, does not authorize such a
corporation, not dissolving but continuing in existence, to dispose of
all its corporate franchises and powers by lease. Ib.
RAILROAD, 1, 2, 3;
TAX AND TAXATION, 3, 4, 5, 6.
COUNTY COURT.
See LOCAL LAW, 4, 5, 6, 7.
COURT AND JURY.
See CONSTITUTIONAL LAW, 1;
CONTRIBUTORY NEGLIGENCE;
CRIMINAL LAW.
A purchaser of land, taking a conveyance from the vendor, with a covenant
for peaceable possession, cannot maintain an action for its rental value
from the date of conveyance until placed in actual possession, in con-
sequence of being kept out by a trespasser: since he might have
required the delivery of such possession to accompany the conveyance
and the payment of the purchase money. Andrus v. St. Louis Smelting
Co., 643.
A statute of Utah provided that every person guilty of murder in the first
degree shall suffer death, or, upon the recommendation of the jury,
may be imprisoned at hard labor in the penitentiary for life, at the
discretion of the court; Held, (1) That the authority given to substi-
tute imprisonment at hard labor in the penitentiary for life for the
punishment by death, when the accused is found guilty of murder in
the first degree, depends upon a previous recommendation to that
effect by the jury; (2) that when a person is on trial charged with
the commission of murder in the first degree, it is the duty of the court
to inform the jury of their right, under the statute, to recommend
imprisonment for life at hard labor in the place of the punishment of
death; and that failure to do so is error. Calton v. Utah, 83.
1. When there is a general finding in favor of the plaintiff on the issues
of fact raised by the pleadings in an action for the recovery of duties
illegally exacted, the facts must be taken to be as alleged by him in
the pleadings. Badger v. Cusimano, 39.
2. Since the enactment of § 7 of the act of March 3, 1883, c. 121, 22 Stat.
488, 523, the value of an importation of goods is to be ascertained for
the purpose of customs duties by their actual market value, without
reference to the "charges" specified in §§ 2907, 2908, Rev. Stat.; and
it appearing in this case that under an appraisement of imported
oranges, the invoiced value of such "charges" was reduced, and the
amount of such reduction added to the invoiced value of the fruit,
although such invoice value represented its true market value; Held,
that such addition to the true invoice value was illegal, and that the
power of the collector to make it was apart from any question of fraud
in the appraisement, and could be raised in an action at law when the
importer had taken such steps as entitled him to bring suit for the
recovery of the duties so illegally exacted. Ib.
3. The notice of dissatisfaction with the decision of the collector of cus-
toms as to the rate and amount of duties on imported goods, required
by the act of June 30, 1864, c. 171, § 14 (Rev. Stat. § 2931), to be
given "within ten days after the ascertainment and liquidation of the
duties by the proper officers of the customs," may be given at any
time after the entry of the goods and the collector's original estimate
of the amount of duties, and before the final ascertainment and liqui-
dation of the duties as stamped upon the entry. Davies v. Miller, 284.
4. In settling the meaning and application of tariff laws, the commercial
designation of an article is the first and most important thing to be
ascertained. Robertson v. Solomon, 412.
5. When the commercial designation of an article fails to give it its proper
place in the classification of a tariff law, then resort must be had to its
common designation. Ib.
6. In an action to recover back duties paid on an importation of white
beaus, which were classified at the Custom House as "vegetables," in
the general category of "articles of food," it was error in the court to
exclude evidence offered by the collector to prove the common designa-
tion of "beans" as "an article of food."
1. In trover for the conversion of cattle the plaintiff, proving his case, is
entitled to recover for the value of such calves, the increase of the
cows, as were in existence at the time of the demand and conversion.
Arkansas Valley Land and Cattle Co. v. Mann, 69.
2. In trover for the conversion of cattle intended for consumption; the
plaintiff, if he recover, is entitled to interest on the value of the cattle
at the legal rate of the place of the conversion. 1b.
3. Conjectural estimates of injury, founded upon no specific data, but
upon opinions formed upon guesses, without any knowledge of the
subject, furnish no legal ground for the recovery of specific damages.
Rude v. Westcott, 152.
4. The legal rate of interest upon the cost of a silver mill may be taken
by a jury as its fair rental value, in the absence of other evidence con-
cerning that value. New York and Colorado Mining Syndicate v.
Fraser, 611.
5. In estimating damages resulting from the stoppage of a mill, the jury
may take into consideration the wages of the men thrown out of work
while the mill was idle. Ib.
See LOCAL LAW, 13, 14, 15.
Semble, that the Baltimore and Potomac Railroad Company is not author-
ized to occupy the public streets of Washington for the purposes of a
freight yard as such. Baltimore and Potomac Railroad Co. v. Hopkins,
210.
See JURISDICTION, A, 5, 6, 7;
LOCAL LAW, 8, 9, 10;
NEGOTIABLE Paper.
DIVISION IN OPINION.
See JURISDICTION, A, 8.
1. A bill in equity by a widow to obtain her right of dower, alleging that
she conveyed it to one of the defendants upon an express trust for her,
and he conveyed to the other defendants with notice of the trust, may
be allowed to be amended by alleging that she was induced to make
her conveyance by his fraudulent misrepresentations as to the nature
of the instrument. Jones v. Van Doren, 684.
2. Upon a bill in equity by a widow against one who has obtained from
her by fraud a conveyance of her right of dower, and another who,
with notice of the fraud, has taken a mortgage from hin, and has
foreclosed the mortgage by sale of all the land, part to the mortgagee
and part to a purchaser in good faith, and praying for a redemption
of the mortgage and a reconveyance of the land still held by the mort-
gagee, and for general relief, dower may be decreed, and damages if
necessary to give full indemnity. Ib.
3. In a suit in equity to obtain a right of dower from persons who have
taken conveyances thereof by, or with notice of fraud upon the plaintiff,
the statute of limitations begins to run only from her discovery of the
fraud. Ib.
DUE PROCESS OF LAW.
See RAILROAD, 4.
1. Searls, the appellee, filed a bill in the Circuit Court of the United States
for the Eastern District of Michigan against Worden for infringement
of letters patent. After hearing, a decree was entered in that case in
his favor for the recovery of $24,960.31 damages and costs. Worden
appealed to this court, but gave no supersedeas bond. Thereupon exe-
cution issued on the decree, which was levied on certain lots, the prop-
erty of Ballard the appellant. Searls then filed his bill in the Circuit
Court in aid of the execution, praying to have a conveyance by Worden
to Ballard of the lots levied upon set aside, as made to defraud Worden's
creditors. On the final hearing of that case the conveyance was set
aside as fraudulent, from which Ballard took this appeal. Meanwhile
Worden's appeal in the patent suit was reached on the docket in this
court, and, after hearing, the judgment below was reversed, and the
cause was remanded to the Circuit Court, with directions to dismiss
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