1219

CIVIL RIGHTS.

See "Constitutional Law," §§ 3, 6, 7.

Under Kirby's Dig. § 6622, it is not necessary
that railroads furnish the same accommodations

at stations for the white and colored race, but
the statute merely prohibits discrimination.
Choctaw, O. & G. R. Co. v. State (Ark.) 426.
Indictment against a railroad, under Kirby's
Dig. $$ 6622, 6634, 6636, for failing to main-
tain equal and sufficient passenger accommoda-
tions at a station, held defective.-Choctaw, O.
& G. R. Co. v. State (Ark.) 426.

COLLECTION.

Of costs, see "Costs," § 4.

COMMERCE.

Carriage of goods and passengers, see "Car-
riers.'

$1. Power to regulate in general.
by which interstate commerce shall be governed.
Congress has the power to prescribe the rules
-Barnhard Bros. & Spindler v.
(Tex. Civ. App.) 376.

§ 2. Subjects of regulation.

Morrison

Whisky shipped out of the state, in order to
be reshipped into the state to evade the local
option law, is not the subject of interstate com-
merce. Crigler v. Commonwealth (Ky.) 276.

Express company which carried a C. O. D.
shipment of liquor from a foreign state into a
local option territory and there held it a week
before delivering it to the consignee held to be-
come a bailee of the liquor, and could not de-
subsec. 4, on the ground that the shipment_was
fend a prosecution under Ky. St. 1903, § 2557,
monwealth (Ky.) 1111.
interstate commerce.-Adams Exp. Co. v. Com-

Interstate commerce defined.-Barnhard Bros.
& Spindler v. Morrison (Tex. Civ. App.) 376.
§ 3. Means and methods of regulation.
Municipal ordinance requiring improvement
contracts to require the work of stone dressing
to be done within the state held not to violate
interstate commerce clause of the federal Con-
stitution.-Allen v. Labsap (Mo. Sup.) 926.

A foreign corporation may send its agents
into this state without procuring the certificate
required by Rev. St. 1895, arts. 745, 746.-
Barnhard Bros. & Spindler v. Morrison (Tex.
Civ. App.) 376.

Foreign corporation cannot ship goods to
agents in the state for sale without complying
with Rev. St. 1895, arts. 745, 746.-Barnhard
Bros. & Spindler v. Morrison (Tex. Civ. App.)
376.

COMMISSION.

Inquisition of lunacy, see "Insane Persons,"
§ 1.

To take testimony, see "Depositions."

COMMISSIONERS.

Of General Land Office, see "Public Lands," § 1.
Of General Land Office, mandamus, see "Man-
damus," § 1.

COMMISSIONS.

Of agent, see "Principal and Agent," § 2.
Of broker, see "Brokers," § 3.

Of estate of decedent, see "Executors and Ad- Of executor or administrator, see "Executors
ministrators," § 3.

Of taxes, see "Taxation," §§ 3, 4.

COLLEGES AND UNIVERSITIES.

Appropriations for, see "States," § 3.

COLLISION.

With street car, see "Street Railroads," § 1.

COLOR OF TITLE.

To sustain adverse possession, see "Adverse
Possession."

COMBINATIONS.

See "Monopolies," § 1.

and Administrators," § 7.

COMMON CARRIERS.

See "Carriers."

COMMON DRUNKARDS.

See "Drunkards."

COMMON LAW.

Agister's lien, see "Animals."
Liability of carrier, see "Carriers," § 9.
Presumption as to, see "Evidence," § 2.

COMMON SCHOOLS.

See "Schools and School Districts," § 1

COMMUNITY PROPERTY.

See "Husband and Wife," § 3.
Division on divorce, see "Divorce," § 3.

COMPARATIVE NEGLIGENCE.

See "Negligence," § 3.

COMPENSATION.

For performance of contract, see "Contracts,"
§ 2.

For property taken for public use, see "Emi-
nent Domain," § 2.

For services, see "Master and Servant," § 2.
Of agent, see "Principal and Agent," § 2.
Of attorney, see "Attorney and Client," § 3.
Of broker, see "Brokers," § 3.

Of executor or administrator, see "Executors
and Administrators," § 7.

Of guardian ad litem, see "Infants," § 2.
Of receiver, see "Receivers," § 5.

Of state officers, see "States," § 2.

COMPETENCY.

Of evidence in civil actions, see "Evidence,"
8 4.

Of evidence in criminal prosecution, see "Crim-
inal Law," §§ 6-12.

Of juror, see "Jury," § 2.

Of witnesses in general, see "Witnesses," § 1.

COMPLAINT.

CONCUBINAGE.

See "Abduction," § 1.

Documentary evidence, see "Criminal Law,"
§ 6.

CONDEMNATION.

Taking property for public use, see "Eminent
Domain."

CONDITIONAL SALES.

See "Sales," § 7.

CONDITIONS.

Condemnation proceedings as condition preced-
ent to right to construct railroad, see "Emi-
In conveyance of right of way, see "Railroads,"
nent Domain," § 3.
$ 4.

In deeds, see "Deeds," § 2.

In insurance policies, see "Insurance," §§ 3, 4.
In appeal bonds, see "Appeal and Error," § 23.
In mortgages, see "Mortgages," § 4.
Precedent to action for breach of warranty,
see "Sales," § 6.

Precedent to lease of public lands, see "Public
Lands," § 1.

Precedent to membership in beneficial associa-
tion, see "Insurance," § 11.

CONFESSION.

Admissibility in evidence, see "Criminal Law,"
§ 11.
In criminal prosecution, see "Indictment and Instructions, see "Criminal Law," § 18.
Information."

Effect on limitation, see "Limitation of Ac-
tions," § 2.

CONCLUSION.

CONSIDERATION.

Of contract, see "Contracts," § 1.

Of conveyance to child, see "Parent and Child."

Of indictment, see "Indictment and Informa- Parol evidence, see "Evidence," § 11.
tion," § 1.

Of witness, see "Evidence," § 12.

To support claim of bona fide purchaser, see
"Vendor and Purchaser," § 4.

Contracts of particular classes of parties.
See "Attorney and Client," § 3; "Carriers," §§
1-5; "Corporations," § 5; "Master and Serv-
ant"; "Municipal Corporations," § 3; "Rail-
roads," § 4.

Promoters, see "Corporations," § 1.

Contracts relating to particular subjects.
See "Interest"; "Logs and Logging"; "Mines
and Minerals," § 1.
Community property, see "Husband and Wife,"

$ 3.

Contingent fees, see "Attorney and Client," § 3.
Division of estate, see "Descent and Distribu-
tion," § 1.

Ground for mechanics' liens, see "Mechanics'
Liens," § 1.

Limitation of liability, see "Carriers," § 3.
Maintenance of railroad offices, see "Rail-
roads," § 4.

Maintenance of railroad station, see "Rail-
roads," § 3.

Public improvements, see "Municipal Corpora-
tions," § 3.
Renting on shares, see "Landlord and Tenant,"
8 4.

Transportation of goods, see "Carriers," §§ 1, 2.
Transportation of live stock, see "Carriers," §§
3, 4.

Transportation of passengers, see "Carriers,"
$ 5.

Particular classes of express contracts.
See "Bills and Notes"; "Covenants"; "Ex-
change of Property"; "Guaranty"; "Indem-
nity"; "Insurance"; "Joint Adventures";
"Liens"; "Monopolies," § 1; "Partnership";
"Rewards"; "Sales."

Sales of realty, see "Vendor and Purchaser."
Sales of timber, see "Logs and Logging.'
Suretyship, see "Principal and Surety."
Transportation of goods, see "Carriers," §§ 1, 2.
Transportation of live stock, see "Carriers," 88
3. 4.
Transportation of passenger, see "Carriers," § 5.
Particular modes of discharging contracts.
See "Accord and Satisfaction"; "Compromise
and Settlement"; "Release."

1. Requisites and validity.

drawing plans, held, that it was a question for
In an action by an architect to recover for
the jury whether defendant had accepted cer-
tain plans, after they were made, knowing
that they called for the construction of a build-
ing in excess of defendant's original cost limita-
tion.-Hight v. Klingensmith (Ark.) 138.

A stipulation in a contract that neither par
ty may resort to the courts is void, as contrary
to public policy.-Hager v. Shuck (Ky.) 300.

Note given in payment for pasturing cattle
on inclosed portion of public domain, in viola-
tion of Act Feb. 25, 1885, c. 149, 23 Stat. 321
[U. S. Comp. St. 1901, p. 1524], held based on
illegal consideration, and unenforceable.-Tandy
V. Elmore-Cooper Live Stock Commission Co.
(Mo. App.) 614.

Infirmity of note given in payment for pas-
turing cattle on inclosed portion of public do-
main, in violation of Act Feb. 25, 1885, c. 149,
23 Stat. 321 [U. S. Comp. St. 1901, p. 1524),
held to extend to guaranty thereof, and to con-
stitute defense open to guarantor in action on
guaranty itself.-Tandy v. Elmore-Cooper Live
Stock Commission Co. (Mo. App.) 614.

Fact that amount of note given in payment
for pasturing cattle on inclosed portion of pub-
lic domain, in violation of Act Feb. 25, 1885, c.
149, 23 Stat. 321 [U. S. Comp. St. 1901, p.
1524], was arrived at by arbitration, held not
to cure infirmity of note or guaranty thereof
arising out of its illegal consideration.-Tandy
v. Elmore-Cooper Live Stock Commission Co.
(Mo. App.) 614.

A contract by a railroad to perpetually main-
tain its general offices and shops in plaintiff city
held not void as against public policy.-City of
Tyler v. St. Louis Southwestern Ry. Co. of
Texas (Tex. Civ. App.) 238.

2.

Construction and operation.

A contract concerning a loan secured by trust
deed and notes held not such an indivisible one
as to preclude the lender from maintaining an
action on the notes and trust deed.-Less v.
English (Ark.) 447.

"General stipulations" of a construction con-
tract held to constitute part of its specifica-
tions," within the meaning of a subcontract-
or's contract, making the "specifications" of
tractor's contract.-McGregor v. J. A. Ware
the construction contract part of the subcon-
Const. Co. (Mo. Sup.) 981.

In an action for conversion of timber, de-
fendant held to have adopted sales of timber
made by his vendees under contract for sale
of land. Watson v. Gross (Mo. App.) 104.

Contracts are matters of fact, to be construed
by their terms and stipulations and the intent
of the contracting parties.-Keller v. State
(Tex. Cr. App.) 669.

Under a contract to clear and break land for
a compensation of "5 cents per grub for clear-
ing, and $1.50 per acre for breaking," the term
"grub" should be construed as commonly under-
stood by those making such contracts.-Camp-

Agency, see "Principal and Agent."
Employment, see "Brokers," § 1; "Master and bell v. Howerton (Tex. Civ. App.) 370.

Servant."

Leases, see "Landlord and Tenant."

3. Performance or breach.
Determination by engineer of classification
of material excavated held, in the absence of
Mutual benefit insurance, see "Insurance,” § 11. fraud or mistake, binding, under the terms of

Limitation of liability, see "Carriers," § 3.