ADMINISTRATIVE LAW-Continued.

11. Procedure.

Overlapping Applications.

Interstate Commerce Commission. Procedure upon applications from two motor carriers to operate between same points; grant of both applications. U. S. v. Pierce Auto Lines, 515.

12. Rehearing. Discretionary. Rehearings are within discretion of administrative agencies except for manifest abuse. Id. ADULTERY. See Criminal Law, 1.

AFFIDAVIT. See War, 6.

AFFILIATION. See Transportation, 3.

AGREEMENTS. See Labor, 6, 8.

ALIMONY. See Constitutional Law, V, 6-8.

AMBIGUITY. See Administrative Law, 4; Criminal Law, 2.
ANTITRUST ACTS.

Violation. Treble Damages. Distribution of Films. Evidence sustained verdict under Clayton Act for damages to theatre owner resulting from discriminatory system of distributing films. Bigelow v. RKO Radio Pictures, 251.

APPEAL. See Employers' Liability Act, 2; Jurisdiction, I, 4; II, 2-5; Procedure.

ARKANSAS. See Taxation, II, 3.

ARMY. See War, 1-12.

ARRAIGNMENT. See Constitutional Law, V, 2.

ART. See Postal Service.

ARTICLES OF WAR. See War, 3-7.

ASSIMILATIVE CRIMES ACT. See Criminal Law, 1.

ATROCITIES. See War, 3.

ATTORNEYS.

United States Attorneys. Duties. Duty of United States Attorney to prosecute civil actions to which United States is party, inapplicable to suit to enjoin violation of Emergency Price Control Act. Case v. Bowles, 92.

AWARD. See Labor, 8, 10.
BACK PAY. See Labor, 10.

BAIL. See Procedure, 7.

BANKRUPTCY. See also Constitutional Law, I, 8.

1. Claims. Judgment. Res Judicata. Previously litigated issue of fraud as res judicata in bankruptcy proceeding; effect of state law. Heiser v. Woodruff, 726.

2. Claims. Priorities. Sureties. Surety on construction bond may be subordinated to laborers and materialmen, though latter failed to give notice required by state law. American Surety Co. v. Sampsell, 269.

3. Reorganization Proceedings. Collateral Attack. Bankruptcy Court. Effect on bankruptcy court of stay order of reorganization court; collateral attack in bankruptcy proceeding on reorganization proceedings unauthorized. Duggan v. Sansberry, 499.

4. Reorganization Proceedings. Claims. Procedure. Claim against debtor in reorganization proceeding under § 77 by stockholder on behalf of corporation which subsequently petitions for reorganization under § 77. Meyer v. Fleming, 161.

5. Reorganization Proceedings. Claims. Trustees. "Exclusive jurisdiction" of reorganization court; claims enforced by same rule as in ordinary bankruptcy; title and powers of trustee. Id. BONDS. See Bankruptcy, 2.

CARNAL KNOWLEDGE. See Criminal Law, 1.

CARRIERS. See Administrative Law, 11; Labor, 2, 7-9; Transportation, 1-4.

CAUSE OF ACTION. See Jurisdiction, IV, 1-2, 10.

CENSORSHIP. See Postal Service.

CERTIORARI. See Jurisdiction, II, 2.

CIRCUIT COURTS OF APPEALS. See Jurisdiction, III.

CIRCULATION. See Labor, 4.

CLAIMS. See Bankruptcy, 1-2, 4-5; Jurisdiction, V.

CLASSIFICATION ACT. See Postal Service.

CLAYTON ACT. See Antitrust Acts; Damages, 1–2; Evidence, 2.

CLOSED SHOP. See Jurisdiction, IV, 6.

COERCION. See Constitutional Law, V, 10.

COLLATERAL ATTACK. See Bankruptcy, 3; Constitutional Law, I, 7-8.

COLORADO RIVER INDIAN RESERVATION. See Criminal Law, 1.

COMBATANT. See War, 3–7.

COMMANDER. See War, 3–7.

COMMERCE. See Administrative Law, 11; Antitrust Acts; Constitutional Law, III, 1; IV, 1-4; V, 3-4; Damages, 1; Evidence, 2; Jurisdiction, IV, 2; Labor, 2–8; Taxation, II, 1; Transportation, 1-4.

COMMODITIES. See Price Control, 1-3.

COMMON CARRIERS. See Transportation, 1-4.

COMPENSATION. See Constitutional Law, V, 5; Eminent Domain, 2.

COMPLAINT. See Jurisdiction, IV, 10.

CONDEMNATION. See Eminent Domain, 1–2.

CONFESSION. See Constitutional Law, V, 10.

CONGRESS. See Constitutional Law, I, 2, 5, 11; IV, 1; V, 3, 9. CONSENT. See Jurisdiction, I, 1; IV, 3.

CONSPIRACY. See Antitrust Acts; Damages, 1; Evidence, 2. CONSTITUTIONAL LAW. See also Jurisdiction, I, 5; II, 3; IV, 1-6; Postal Service; Procedure, 2.

I. In General, p. 898.

II. Federal-State Relations, p. 899.
III. Freedom of the Press, p. 899.
IV. Commerce, p. 900.

V. Due Process of Law, p. 900.

I. In General.

1. Application of Constitution. Hawaii. Organic Act secures to civilians in Hawaii constitutional guaranties, including fair trial. Duncan v. Kahanamoku, 304.

2. Federal Legislation. Validity. Proof of Specific Evils. Exercise of legislative power of Congress not conditioned on proof of existence of evils in particular situations. North American Co. v. S. E. C., 686.

3. Trial by Military Commission. Authority. Enemy Combatant. Right of enemy combatant on trial before military commission for violation of law of war to defend on ground that Constitution or laws of United States withheld authority to proceed with trial. In re Yamashita, 1.

4. Judicial Power. District Courts. Enjoining State Officer. Jurisdiction of District Court to enjoin state officer from violating Emergency Price Control Act not inconsistent with Constitution. Case v. Bowles, 92.

CONSTITUTIONAL LAW-Continued.

5. Judicial Power. Review of Administrative Action. Congress may withhold judicial review of administrative action, except where Constitution requires. Estep v. U. S., 114.

6. Search and Seizure. Subpoenas. Wage-Hour Administrator. Validity of subpoena power of Wage and Hour Administrator; principles and decisions reviewed. Oklahoma Press Co. v. Walling, 186. 7. Full Faith and Credit. Judgment lacking due process unenforceable elsewhere. Griffin v. Griffin, 220.

8. Bankruptcy Powers. Congress may proscribe collateral attack in bankruptcy proceeding on proceedings initiated in reorganization court. Duggan v. Sansberry, 499.

9. Fair Labor Standards Act. Constitutionality as applied to newspapers. Mabee v. White Plains Pub. Co., 178; Oklahoma Press Co. v. Walling, 186.

10. Right to Challenge Price Control Act. Right of defendant in enforcement proceeding under Emergency Price Control Act to challenge constitutionality of Act. Case v. Bowles, 92.

11. Challenge of Act of Congress. Judicial Function. Function of Court upon challenge of constitutionality of Act of Congress. North American Co. v. S. E. C., 686.

II. Federal-State Relations.

1. Reserved Powers of States. Tenth Amendment does not limit powers delegated to Federal Government. Case v. Bowles, 92.

2. Federal Price Control. Application to Sale by States. Emergency Price Control Act valid as applied to sale by State of timber on school lands. Id.

3. Federal Price Control. Violation by State Officer. Jurisdiction of District Court to enjoin state officer from violating Emergency Price Control Act not inconsistent with Constitution. Id.

4. State Taxation. Realty Purchased from United States. Validity of state tax on real estate in possession of purchaser from United States; inclusion of interest of United States in valuation. S. R. A. v. Minnesota, 558.

5. State Taxation. Severance Tax. Forest Reserve. Validity of Arkansas tax on severance of timber from soil, as applied to contractor who purchased and severed timber on federal forest reserve within State. Wilson v. Cook, 474.

III. Freedom of the Press.

1. Newspapers. Labor Relations. Fair Labor Standards Act valid as applied to newspapers. Mabee v. White Plains Pub. Co., 178; Oklahoma Press Co. v. Walling, 186.

2. Id. Effect of Exemptions. Validity of exemption of small weeklies and semiweeklies. Id.

CONSTITUTIONAL LAW-Continued.

IV. Commerce.

1. Federal Regulation. Uniformity. Fifth Amendment does not require full and uniform exercise of commerce power by Congress. Mabee v. White Plains Pub. Co., 178; Oklahoma Press Co. v. Walling, 186.

2. Federal Regulation. Labor Relations. Fair Labor Standards Act valid as applied to newspapers. Id.

3. Federal Regulation. Public Utility Holding Companies. Validity of provision of Public Utility Holding Company Act authorizing Securities & Exchange Commission to limit operations of holding company to single integrated public utility system; holding company as engaged in interstate commerce. North American Co. v. S. E. C., 686.

4. Local Taxation. Discrimination. Solicitors. Ordinance taxing "solicitors" invalid as here applied; discrimination against outof-State merchants. Nippert v. Richmond, 416.

V. Due Process of Law.

1. Trial by Military Commission. Rights of Accused. Requirements of Fifth Amendment. In re Yamashita, 1; see also Homma v. Patterson, 759.

2. Right to Counsel. Arraignment. Sentence. Lack of counsel prior to plea of guilty not denial of right, where counsel at time of sentence could have withdrawn plea and taken advantage of every defense theretofore available. Canizio v. New York, 82.

3. Federal Regulation of Commerce. Fifth Amendment does not require full and uniform exercise of commerce power by Congress. Mabee v. White Plains Pub. Co., 178; Oklahoma Press Co. v. Walling, 186.

4. Id. Fair Labor Standards Act valid as applied to newspapers. Id.

5. Federal Regulation. Taking of Property. Compensation. Holding Companies. Validity of order of Securities & Exchange Commission requiring holding company to divest itself of scattered subsidiaries and to confine operations to single integrated public utility system. North American Co. v. S. E. C., 686.

6. Notice. Judgment. Alimony. Judgment for accrued alimony, entered without notice to defendant, unenforceable. Griffin v. Griffin, 220.

7. Notice. Judgment. Confirmation of Rights. Notice not required before confirmation of rights previously established in proceeding whereof adequate notice was given. Id.

8. Notice. Judgment. Enforcement in Other State. Judgment lacking due process unenforceable elsewhere. Id.