CONSTITUTIONAL LAW-Continued. 11. Immunity of Federal Government from state taxation. Graves v. Texas Co., 393. 12. Id. State tax on sale (or on storing and withdrawal-essential to sale) of gasoline to the United States, invalid. Id. 13. Judiciary. Duty to enforce Constitution. Carter v. Carter Coal Co., 238. 14. Opinion of Lawmakers on constitutionality given weight. Id. 15. Beneficence of Statute not evidence of validity. Id. 16. Separability of Statute, when part is bad. Id. 17. Legislative Declaration of Separability. Where ineffective. Id. 18. Bankruptcy Powers. Limitation. Act of May 24, 1934, permitting political subdivisions of State to avail of Bankruptcy Act, invalid. Ashton v. Cameron County, 513. 19. Party Attacking Statute must show injury to himself. Premier-Pabst Co. v. Grosscup, 226. II. Commerce Clause. 1. Commerce Defined. Carter v. Carter Coal Co., 238. 2. Production of Coal to be subsequently shipped interstate, not commerce. Id. 3. Direct Effect on commerce means proximate effect. Id. 4. Id. Effect on interstate commerce in coal of struggles between miners and mine-owners over wages, working conditions, hours, collective bargaining, etc., is indirect. Id. 5. Distinction Between Direct and Indirect Effect, independent of magnitude of effect or its cause. Id.; see also, Atlantic Lumber Co. v. Commissioner, 553. 6. Id. Want of power in federal government to regulate wages in industry is the same whether the activity regulated precedes interstate commerce in the things produced or follows it. Carter v. Carter Coal Co., 238. 7. Motor Vehicles. Transportation. License. Fee for privilege of transporting motor vehicles on own wheels over highways of State for purpose of sale, though movement interstate, valid. Morf v. Bingaman, 407. 8. Id. Flat fee not unreasonable in amount, rather than fee based on mileage, not forbidden. Id. 9. Id. Fee not invalid because not devoted directly to highway maintenance. Id. CONSTITUTIONAL LAW-Continued. 10. Foreign Corporations. Massachusetts tax on foreign corporation for privilege of doing business in State did not impose unconstitutional burden on interstate commerce. Atlantic Lumber Co. v. Commissioner, 553. 11. Commission Merchants subject to state regulation not in conflict with federal law for protection of consignors of produce from other States. Hartford Co. v. Illinois, 155. III. Contract Clause. 1. Bankruptcy Laws. State may not impair obligations of contracts indirectly by sanctioning extension of federal bankruptcy power to municipalities. Ashton v. Cameron County, 513. 2. Employer and Employee. Wage Laws. New York minimum wage law for women (Laws 1933, c. 584), as construed by state court, invalid. Morehead v. New York, 587. 3. Statutory Release of Surety of bank or public official unassailable by taxpayer having no vested interest in the public funds secured. Schenebeck v. McCrary, 36. IV. Fifth Amendment. 1. Analogy of due process clause of Fourteenth Amendment to that of Fifth Amendment. Morehead v. New York, 587. 2. Administrative Rate Fixing. Legislative and judicial functions of administrative body. St. Joseph Co. v. U. S., 38; Morgan v. U. S., 468. 3. Due Process in administrative proceeding. Id. 4. Full Hearing required. Morgan v. U. S., 468. 5. Id. Order made under Packers & Stockyards Act by Secretary, when evidence and argument were heard and considered not by him but by an assistant, invalid. Id. 6. Confiscatory Rates. Duty and function of courts in correcting. St. Joseph Co. v. U. S., 38; Morgan v. U. S., 468; B. & 0. R. Co. v. U. S., 349. 7. Id. Findings of administrative body not conclusive. St. Joseph Co. v. U. S., 38; B. & O. R. Co. v. U. S., 349. 8. Id. Evidence before administrative body may be supplemented in court review. Id. 9. Right to Judicial Determination of adequacy of return. B. & O. R. Co. v. U. S., 349. 10. Eminent Domain. Just Compensation. McCandless v. U. S., 342. CONSTITUTIONAL LAW-Continued. V. Fourteenth Amendment. (A) In General. 1. Challenging Statute. One within class properly taxed cannot complain that taxed class might have been more aptly defined or that others, not of that class, were taxed improperly. Morf v. Bingaman, 407. 2. Id. Party attacking statute must show injury to himself. Premier-Pabst Co. v. Grosscup, 226. (B) Due Process Clause. 1. Analogy of due process clause of Fourteenth Amendment to that of Fifth Amendment. Morehead v. New York, 587. 2. Employer and Employee. Wages. New York minimum wage law for women (Laws 1933, c. 584), as construed by state court, invalid. Id. 3. Motor Vehicles. Privilege Tax. Fee for privilege of transporting motor vehicles on own wheels over highways of State for purpose of sale, valid. Morf v. Bingaman, 407. 4. Taxation of Foreign Corporation. Intangibles such as bank deposits and accounts receivable in other States are taxable by the State in which the corporation has established its business situs or commercial domicile. Wheeling Steel Corp. v. Fox, 193. 5. Delegation of Power. No unconstitutional delegation of authority is involved in the West Virginia statute requiring state tax officials to fix assessment by applying the law to the facts. Id. 6. Intoxicating Liquor. License to sell may be revoked by State. Premier-Pabst Co. v. Grosscup, 226. (C) Equal Protection Clause. 1. Classification for Taxation. Morf v. Bingaman, 407. 2. Taxation of Intangible Property of foreign corporation under West Virginia law consistent with equal protection. Wheeling Steel Corp. v. Fox, 193. 3. Highways. Motor Vehicles. Fee for privilege of transporting motor vehicles on own wheels over highways of State for purpose of sale, valid as applied to one moving cars in caravans. Morf v. Bingaman, 407. CONTRACT MARKETS. See Grain Futures Act. CONTRACTS. See Constitutional Law, III, 1–3; V, (B), 2. CONVICTS. See Criminal Law, 1. CORPORATIONS. See Constitutional Law, II, 10; V, (B), 4-5; V, (C), 2; Interstate Commerce Acts, 4. Stockholders' Suit. See Injunction, 3. Tax on Intangible Property. See Taxation, III, 3. COURT OF CLAIMS. See Claims, 1-4; Jurisdiction, IV. 1. Self Defense. Killing of guard by convict not felonious in Virginia if done in self defense. Hart v. Virginia, 34. 2. Sentence. Fines. Imprisonment. Direction that defendant be imprisoned until fine is paid must be expressed in sentence. Hill v. U. S. ex rel. Wampler, 460. 3. Id. Only sentence known to the law is the sentence or judgment entered on the records of the court. Id. 4. Id. Commitment. A commitment departing in matter of substance from the judgment back of it is void and its nullity may be established on habeas corpus. Id. 5. Id. Addition to sentence of fine and imprisonment, by clerk in preparing commitment, directing imprisonment until fine is paid, could not be justified by usage or by unrecorded instructions from judge to clerk. Id. DAMAGES. See Claims, 3. Apportionment of in negligence cases. See Admiralty, 5. Infringement of Patent. Measure of Liability. Damages and Profits. Deductions from profits; cost of labor and material wasted without fault in manufacturing process; losses from return of defective merchandise; cost of materials sold by one infringer to another; savings effected by use of infringer's own patents; comparison of average cost with specific prices; interest on damages. Duplate Corp. v. Triplex Co., 448. DEBTS. See United States, 2, 4. DECREE. See Judgments, 1-4; Waters, 2. DELEGATION OF POWER. See Constitutional Law, V, (B), 5 DEPOSIT. See Bankruptcy, 2; Jurisdiction, V. DISCRETION. Abuse of. See Injunction. DISMISSAL. See Jurisdiction, I, 4. DIVIDENDS. See Taxation, II, 1–2. DIVISIONS. See Interstate Commerce Acts, 5-9, 13-17. DOMICILE. See Constitutional Law, V, (B), 4. DUE PROCESS. See Constitutional Law, IV, 1-9; V, (B), 1–6. EMINENT DOMAIN. 1. As to just compensation in prescribing divisions of joint rates of carriers, see B. & O. R. Co. v. U. S., 349. 2. Just Compensation. Lands. Market Value. Materiality of evidence as to value of lands when used for a purpose to which they probably could be put, though in connection with other lands. McCandless v. U. S., 342. EMPLOYER AND EMPLOYEE. See Constitutional Law, I, 5; III, 2; V, (B), 2. EMPLOYERS' LIABILITY ACT. 1. Evidence of injuries, reviewable by this Court. Chicago G. W. R. Co. v. Rambo, 99. 2. Id. Boiler Inspection Act. Headlights, evidence as to sufficiency of. Id. EQUAL PROTECTION. See Constitutional Law, V, (C), 1-3. EQUITY. See Injunction; Jurisdiction. ERROR. Prejudicial Error in exclusion of evidence. McCandless v. U. S., 342. ESTOPPEL. See Packers & Stockyards Act, 8. EVIDENCE. See Constitutional Law, I, 3; IV, 5, 8; Employers' Liability Act, 1-2; Jurisdiction, I, 7; II, 21; III, 11, 14; Packers & Stockyards Act, 4. 1. Market Value of lands in condemnation case. McCandless v. U. S., 342. 2. Id. Most profitable use to which lands could be put in connection with other lands, as material. Id. 3. Id. Sufficiency of offer of evidence. Id. 4. Patents. Finding of Circuit Court of Appeals that accused grease gun lacked the only novel feature of the Gullborg patented combination and did not infringe, sustained. Bassick Co. v. Hollingshead Co., 415. 5. Erroneous Exclusion of material evidence, prejudicial error requiring reversal; effect of Jud. Code, § 269, relating to harmless error. McCandless v. U. S., 342. 6. Sufficiency of Evidence of confiscatory rates. B. & O. R. Co. v. U. S., 349. |