CONSTITUTIONAL LAW-Continued.
Where original decree sued on does not purport to lay
reciprocal duty on judgment creditor, full faith and credit
not denied because judgment on decree does not impose
such duty. Id.
Judgment of State of incorporation sustaining as legal an
amendment to constitution and by-laws of fraternal and
beneficial corporation, is entitled to full faith and credit in
courts of another State. Royal Arcanum v. Green .. .. .. .. 531
Where trial court refuses to hold that rights of parties were
determined by law of another State in which decree rendered
establishing them, and to apply such iaw, a question arises
under the full faith and credit clause of the Constitution. Id.
Exclusion from evidence of decree of courts of State in which
insurance company organized, adjudging rights of corpora-
tion as between itself and members of its mortuary fund,
and refusal to enforce provisions of such decree, amount to
denial of full faith and credit. Hartford Life Ins. Co. v. Ibs 662
Decree of court having jurisdiction to determine all ques-
tions relating to internal management of corporation man-
aging mortuary fund, in suit brought on behalf of all sim-
ilarly situated, establishing rights of members of fund, is
binding upon all members similarly situated, and is entitled
to full faith and credit in courts of other States in suits be-
tween the corporation and such members. Id.
Even if such suits are for a different purpose than the one
in which decree entered, it must be given full faith and
credit, and is conclusive so long as unmodified. Id.
Where, under laws of State of commission of wrongful act
causing death, right of action is for benefit of widow and
mother of decedent, and the widow, suing as adminis-
tratrix, recovered judgment in another State, court of State
in which wrongful act committed, in suit by mother, not
bound to regard such judgment as having been prosecuted
by or on behalf of the mother; nor did attempt of mother to
obtain a part of the proceeds of such judgment, which was
successfully denied, amount to a ratification thereof, en-
titling it to full faith and credit in the suit by the mother.
Spokane & Inland Empire R. R. v. Whitley..
Construction of contract of adoption as complying with law
of State where made but as not giving rights in State where
property situated, because law of latter excludes such chil-
dren, does not deny adoption full faith and credit. Hood v.
McGehee.
CONSTITUTIONAL LAW-Continued.
XIV. Trial by Jury.
Right of State to abolish jury trial without violating Four-
teenth Amendment includes right to limit effect of error
respecting incident of trial. Frank v. Mangum ...
Amendment giving authority where it existed before may
be adopted from abundant caution and not as recognizing
and supplying a casus omissus. Collins v. Johnston....
CONSTRUCTION:
General principles: Legislation should not be construed
retrospectively. Waugh v. Mississippi University ........ 589
As general rule specific and individual marks and figures
control generic ones; and there is an analogy between con-
trol of specific figures over estimates and that of monuments
over distances. Smoot v. United States . . .
Act of justice embodied in Court of Claims not to be con-
strued strictly and with adverse eye. United States v. Emery 28
Opinion of state court interpreted in light of issue as framed
by pleadings. Reinman v. Little Rock.....
In absence of evidence from record and findings of fact,
verdict for plaintiff means that evidence sustained material
allegations of complaint. Eastern Ry. v. Littlefield. .... 140
Of Federal statutes: In construing act of Congress known
purpose must be effectuated as nearly as may be. McDougal
v. McKay....
Reports of committees of Congress may be persuasive as
showing that words of act should not be wrongly construed.
St. Louis, I. M. & S. Ry. v. Craft..
Provision brought into Federal statute by way of amend-
ment, expressing deliberate will of Congress, must be given
effect. Id.
Provision of Bankruptcy Act as to composition proceedings
to be construed with entire act. Cumberland Glass Co. v.
De Witt.
Although pendency of one class of claims may have induced
passage of act of Congress providing for their adjustment,
act may embrace other claims if its terms sufficiently wide.
United States v. Hvoslef....
Apparent conflict between fifth and concluding paragraphs
of § 250, Jud. Code, eliminated by turning primarily to con-
text of section and secondarily to provisions in pari materia.
Chott v. Ewing..
CONSTRUCTION-Continued.
Of State Constitutions and Statutes: Not every gen-
eral law of State applicable to corporations to be regarded as
amendment of charters. Chicago, B. & Q. Ry. v. Wisconsin
R. R. Comm.
Presumption that state court did not regard state statute
as amendment of charter of corporation affected thereby.
Id.
Where order of state railroad commission as to stoppage of
interstate trains is based on requirement of state statute,
validity of which sustained by state court, this court must
pass upon validity of statute. Id.
Where highest state court has sustained police statute under
state constitution, this court only concerned with its validity
under Federal Constitution. Booth v. Indiana... ..
Holding that corporations subject to police power differ-
entiated from one that every general law an amendment to
charters. Chicago, B. & Q. Ry. v. Wisconsin R. R. Comm.. 220
This court will not consider effect of construction of statute
prohibiting exportation of fruit when immature and unfit
for consumption as food as prohibiting its export while im-
mature for purposes other than that of food, until state
court has so construed it. Sligh v. Kirkwood....
Constitution and by-laws of fraternal and beneficial cor-
poration construed by laws of State of incorporation. Royal
Arcanum v. Green. . . .
Of Contracts: Construction by highest state court of con-
tract authorized by legislature of State, while not conclusive
upon this court, accepted in this case. Interborough Transit
Co. v. Sohmer.
Construction of contract of adoption as complying with
law of State where made but as not giving rights in State
where property situated, because law of latter excludes such
children, does not deny adoption full faith and credit. Hood
v. McGehee...
Letter from Government engineer notifying contractor that
larger amount of material than that specified in contract
would probably be required, held not to be a contract for the
additional amount or modification of original contract.
Smoot v. United States..
Government contracts: Contractor misled by misrepresenta-
tions in specifications as to material to be excavated, held
entitled to allowance for actual excess amount expended.
Christie v. United States......
In such case legal aspects not affected by absence of sinister
purpose. Id.
In establishing "angle of repose" for banks of excavation,
honest exercise of judgment by engineers in charge sufficient;
and contractor not entitled to damages by reason of slough-
ing of banks on account of too sharp angle. Id.
Cost of recovering concrete forms buried by sloughing of
banks of excavation held not recoverable by contractor. Id.
Government held not responsible to contractor for promise
of additional compensation for cofferdams to protect work,
made by officer without authority and which was subse-
quently revoked. Id.
Provision for extra work held not to supersede paragraph
requiring work to be done by contractor himself; and where
conditions contemplated by contract required use of coffer-
dams, contractor not entitled to extra compensation there-
for. Id.
Letter from Government engineer notifying contractor that
larger amount of material than that specified in contract
would probably be required, held not to be a contract for the
additional amount or modification of original contract.
Smoot v. United States....
Liability under: Attorneys originally employed, under writ-
ten contract containing provisions against revocation, to
collect claim against Government, and who rendered sub-
stantial services in connection therewith, but had been su-
perseded by other attorneys over their objection and offer to
proceed with case, held entitled to compensation to amount
equal to that provided by contract. McGowan v. Parish 285
Generally: Prohibited by Employers' Liability Act.
Robinson v. Baltimore & Ohio R. R.....
See Adoption; Construction; Insurance.
CONTRIBUTORY NEGLIGENCE:
As defense under Employers' Liability Act. Seaboard Air
Line v. Tilghman......
Safety Appliance Act does not deal with defense of. Min-
neapolis, St. P. & S. Ry. v. Popplar.......
Status of: Corporations created by act of Congress inher-
ently entitled to invoke jurisdiction of this court to review
CORPORATIONS-Continued.
judgment of Circuit Court of Appeals. .Texas & Pacific Ry.
V. Hill.
Texas & Pacific Ry. v. Marcus.
Charters: Not every general law of State applicable to cor-
porations to be regarded as amendment of charters. Chicago,
B. & Q. Ry. v. Wisconsin R. R. Comm.
Presumption that state court did not regard state statute as
amendment of charter of corporation affected thereby. Id.
Holding that corporations subject to police power differen-
tiated from one that every general law an amendment to
charters. Id.
Stockholders' liability: Law of State of incorporation gov-
erns in enforcing liability of stockholders for stock subscrip-
tions and in establishing relative rights and duties of stock-
holders and corporation. Royal Arcanum v. Green . . . . . . . . 531
While judgment against corporation may be made con-
clusive upon stockholders, as to existence and amount of
debt, property of third party may not be taken to satisfy
debt because he is a stockholder and indebted to corporation,
without opportunity to be heard. Coe v. Armour Fertilizer
Works.
State statute allowing, after execution returned "no prop-
erty" against corporation, execution to issue against stock-
holder for same debt to be enforced against his property to
extent of his unpaid subscription, without notice or other
preliminary step, is repugnant to Fourteenth Amendment.
Id.
Foreign: State may determine conditions upon which foreign
corporation may do business within its limits, and altogether
exclude one, not doing an interstate business, from doing
business therein, so long as no Federal constitutional or
statutory rights are destroyed or abridged. Phoenix Ins.
Co. v. McMaster...
Exercise in good faith of statutory authority by state officers
to license and reject doing of intrastate business by foreign
corporations, not denial of equal protection to excluded cor-
poration, where action based on classification not arbitrary
or unreasonable. Id.
Requiring foreign insurance corporations having less than
certain proportionate amount of investments in state securi-
ties to make deposits as condition to doing business within
State, while those having the amount might give surety
bonds, not unconstitutionally arbitrary. Id.
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