None
PAPER MONEY Continental, 1775-July 4, 1776, 12 See Money. PAPER MONEY See Books and Papers, PARAMOUNT (FEDERAL) SOVEREIGNTY (OVER INDIAN TRIBES) See Indian Tribes. PARDON: FEDERAL As operative upon Self-incrimination provision, 674 PARENS PATRIAE The United States as, 345 A Federal State as, 345 A State as, 345 For bringing suit, 618 PARTIES: (A) GENERAL PRINCIPLES Generally, 592-607 Limitation to persons in interest, 593 Shifting status (as plaintiff, or as defendant), 594 Both parties as plaintiffs, and both as defendants: (counter-suit; "consolidated" proceedings, etc.), 595 Party to limited intent, 596 Parties not of record, 597 Vouching-in, 598 Garnishee, 598, 601 Privies, 599 Quasi-Privies: (principal and agent, trustee and beneficiary, etc.), 600 Individual and Sovereign as privies, 607 Sovereign and official as privies, 607 Quasi-parties, 602 Substituted, or new, parties, 604 Index. 887 Sections. PARTIES: (A) GENERAL PRINCIPLES— (Commenced). Abatement, 605 Interveners, 606 PARTIES: (B) IN THE NON-EXCLUSIVE ("CONCIDERED") COMMON LAW AND EQUITY JUDICIALS OF THE DISTRICT COURTS As to assignee of a chose in action, endorsee, or bearer, see Assignee. As to definition of terms ("citizen", "State", etc.), see under specific heads. Generally, 734-739 Classification (as plaintiff or defendant) and alignment, 734 In Eminent Domain, 734 Nominal, or titular, parties, 735 As between tutelary person, and beneficiary 736 Question of citizenship within a party-group, 739 Parties fraudulently joined, or fictitious, 780, 781 To create Or to defeat Federal Jurisdiction, 780, 781 Fraudulent joinder in State Court as extending or re-opening Removal period, 780 PASSENGERS: CLASSIFICATION OF, BY RACE OR COLOR In intercommerce, 182 In intrastate transit, 182 State classification of, generally, 178 See Equal Protection; Race or color. PATENT FOR INVENTION As protected by the Due Process texts, 473 PATENTED, CUSTOMERS OF As quasi-privies with patentee, 600 PENAL SUIT Generally, 586, 587 Definition of, 586 Persistence of penal character into judgment, 587 PENALTIES, ETC. Right of freedom from, as property, 453 PEONAGE As inhibited by Thirteenth Amendment, 25 PERSONAL JUDICIAL See Personal Liability; Jurisdiction; Indirect extra-areal power, over land, through, 245 PEONAL LIABILITY No power, in State or in Federal State, of extra-areal action either in Judicial Procedure, 227 PERSONAL PROPERTY See Chattels. PHOTOGRAPHS: OF PERSONS Public Policy as to, 498 PILOTAGE Federal Exclusiveness as merely potential, 122 PLAINTIFF See Parties. Sections. PLEADING: COMMON LAW AND EQUITY: (FEDERAL DISTRICT COURTS) Generally, 753-759 Of Jurisdictional facts, 755 Election of Jurisdiction, (Federal or State), by Pleading, 756 Amendment of Pleadings, 757 Federal Jurisdiction (established by initial pleading) as persisting, 759 PLEADING, CRIMINAL Federal adoption of Common Law principles of, 671 PLEDGE Areal power of providing for symbolical delivery, 246 PLEDGE Areal power of providing for symbolical delivery, 246 PLENARY FEDERAL SOVEREIGNTY (BASED UPON FEDERAL AREA) Origin (pre-Constitution), 15 Generally, 39-88 As of intra-State operation, 51 Waiver of, by Congress, to certain intents, 215 See Federal Area. POLES, ETC. IN STREETS Generally, 193 POLICE POWER See Public Policy. POLICY OF LAW See Public Policy. POLITICAL LAW Generally, 312, 313 POLYGAMY Exceptional Federal Inhibition of, in one certain State, 141 PORTWARDEN TAX See Commerce (A). POST-OFFICE Post Office Clause, 166 See Executive; Mails. POSTS, MILITARY See Military, etc. POWERS, FEDERAL, WITHIN A STATE Generally, 93-100 As, collectively, a unity, 93 Textual Constitutional provisions, 94 As enumerated, 95 Numerical aspect, 96 As implied, 97, 101 Element of Degree, in, 99 Federal power of definition of, 98 Latency: (Congressional inaction), 100 Federal powers, or private rights, as accruing from State action, 102 POWERS, FEDERAL: CONSTITUTIONAL DISTRIBUTION OF As among the Legislative, the Executive, and the Judicial Branches, 307-311 PRACTICE, STATE: FEDERAL ADOPTION OF See Adoption. PRECEDENT Congressional, 27 Judicial: see State Decisions. Index. 889 Sections. PEESENCE OF ACCUSED AT TEIAL Constitutional requirement of, for Federal Courts, 673 PEESENCE: POWEE OF A STATE OR OF A FEDERAL STATE, BASED THEREON I. Personal Presence Generally, 232 For service of process, 760-762 II. CONSTRUCTIVE PRESENCE Generally, 234; 760-762 Of foreign corporation, 289 PEINCIPAL AND AGENT Principal as party to suit by or against agent, 600 See Agent. PEINCIPAL AND INCIDENT See Incident. PEIOE ACQUITTAL Generally, 677 PEIOEITY OF SUIT: EXCLUSIVENESS BY Generally, 621-626 As between Federal and State Courts, 621 Bankruptcy proceeding, 622 Admiralty suit, 622 Probate suit, 622 Possession of res, as decisive, 623 Corporeal, or incorporeal res, 623 Question of termination of earlier suit, 624 Priority in part, 625 As between Civil, and Criminal, suit, 626 PEISONEES: FEDERAL See Status. PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Generality, 597, 599, 600-602, 607 See Parties (A). PEIVIES AND QUASI-PEIVIES Accrual to the United States, of Sovereignty over, 102 PENNSYLVANIA AND INDIAN TERRITORY: (B) INTER-AREAL ASPECT "Area": here used as designate of a State, or of a Federal State, indifferently. Constitutional text, 293 Congressional text, 293 Affirmative operation of the texts, 293 Eight of entering Courts and of maintaining suit, 293 Inhibition of arbitrary adverse discrimination, generally, 293 Qualificatory features of definition of the terms of the texts, 294 In case of husband and wife and their property interests, 294 Permissible requirement of reasonable length of domicile in new area, for voting, 294 Texts, as not extending to public office or public employment, 294 Nor, to right of suit upon transitory right of action arising extra-areal, 294 or, to suit between corporations both of a certain other area, 294 Even upon a judgment of the common area, 294 In such case. Faith and Credit not applicable, 294 PEOBATE LAW: (STATE) Probate order of sale of land, not of extra-areal force, 240 State Probate law as not capable of State Extension, 662 Sections. PROBATE LAW: (STATE)— (Continued). State Probate Procedure: Eelation of Federal Original Common Law and Equity Jurisdiction with, 772-776 In respect of Common Law or Equity issues, 773, 774 Mode of enforcement of Federal judgment, in, 776 In respect of Indians, 89 See Deceased Persons; Death; Devise and Legacy; Ecclesiastical Law. PROBATE COURTS: (STATE) Congressional power over, in Indian matters, 660 PROCEDURE: CRIMINAL See Criminal Procedure; Jury Trial, etc. PROCEDURE: AS CIVIL, CRIMINAL, OR PENAL See Criminal Suit; Penal Suit. PROCEDURE: LEGISLATIVE See Legislative. PROCEDURE: (STATE): FEDERAL ADOPTION OF, AT COMMON LAW See Adoption. PROCEEDING (JUDICIAL) See Suit; Issue. PROCESS, SERVICE OF See Service. PROPERTY:  State action in furtherance of Federal property-right, 114 Federal property, as real, or as chattel, 115 See Property (Federal Acquisition of). PROPERTY: (B) FEDERAL ACQUISITION, HOLDING, AND DISPOSAL OF, (INTRA-STATE) Generally, 116-121 Land, 116 Common Law aspect, 117 By compromise, 117 By buying in at Federal tax sale, 117 By taking mortgage for a debt, 117 By purchase subject to incumbrance, 117 By imposition of liens, 117 By Eminent Domain, 117 State cooperation, 118 Federal potential independence, in general, of State land-title requirements, 119 Presumptive Federal concession in respect thereof, 119 Devise or legacy to the United States, 120 PROPERTY: (C) FEDERAL ORGANIC CONCEPTION AND DEFINITION OF Generally, 444-457 Potential local diversity of definition, 446 Distinction between (a) property-res, and (b) use thereof, 449 PUBLIC: GENERAL The general public, in their collective (but unorganized) capacity, as holders of Property, etc., rights, 6 PUBLIC OFFICE As, or as not, property, 447, 448 Sections. PUBLIC POLICY: (A) GENERALLY, (FEDERAL OR STATE) As limitatively definitory of the Due Process texts, 431-434 Power over (Federal or State), as not capable of renunciation, 433 PUBLIC POLICY: (B) FEDERAL Act of Congress, indirectly establishing, 124 Capable of Congressional concession to State Public Policy, 434 PUBLIC POLICY: (C) OF STATE General, 431-433 In relation to Intercommerce, 172 PUNISHMENT: CRUEL OR UNUSUAL Principles, 338 PURE FOOD LEGISLATION Congressional, Generally, 406 as not completely Exclusive, 123 QUASI-PRIVIES  FEDERAL See Federal. QUO WARRANTO As Criminal, or Civil. RACE OR COLOR As not, of itself, giving voting franchise, 109 Even for Federal elections, 109 Or entitling to jury or grand jury service, 109 State power of classification by, in Intercommerce, 109 In other fields of State power in general, 109 As not, of itself, entitling individuals to Federal protection, 109 State incompetency to forbid classification by, by carriers, in intra-state Commerce, 109 Permissible scope of classification and differentiation according to, 498 RAILROADS Federal Exclusiveness in respect of hours of labor, in supervising Commerce, 123 See Highways; Commerce; Property; Franchise; Corporation, etc. REAL ACTION AND THE LIKE Exclusive power over, of area rei sitae, 240 REAL ESTATE See Land. RECEIVER. For general principles, see Representative Persons. No extra-areal status, proprio vigore, 235 Otherwise, if vested with title, 275 Extra-areal ancillary status, 236 Extra-areal private voluntary recognition, 236 Sect Recognition (Continued). Extra-areal voluntary submission to Judicial Jurisdiction, 238 Of Federal Court: not subject to State Judicial levy, 133 Receiver as party: see Parties. REFERENDUM AND INITIATIVE Generally, 153 REFORMATION Of contract: not barred by adverse judgment upon, 632 REM (IN) See In Rem. REMEDY: (A) IN PAIS, OR JUDICIAL, AS MATTER OF CONSTITUTIONAL RIGHT Generally, 500-506 As an Incident of Due Process rights under specific heads (Property, Equal Protection, etc.), 500 The general principle, 501 Definition, 502 Limitation of the right to the beneficiary party: no inhibition of enlargement of (or of new) Remedy, 503 Running period of Limitation may be lengthened, 503 Or opened, after closing, if title not involved, 503 Expired period of Limitation: as matter of title, 503 Interchangeability of positions of beneficiary party and other party, pending suit, 503 Potential two-fold character of a party (as beneficiary party and the opposite) as, (a) for mortgage foreclosure, and (b) for redemption, 503 Federal, and State, Remedy, 504 Upon Compact between States, 505 Right to pay State taxes etc. in State coupons, 505 Mortgage-redemption period as Remedy, 505 Forclosure, 505 Judicial, or Executive, procedure, 505 State Insolvency laws, 505 Continuance of life of corporation as, or as not, Remedy, 505 Tax-laws as Remedy, 505 Permissible scope of modification of Remedy, 506 REMEDY: (B) JUDICIAL, GENERALLY At law, as limitatively definitory of Equity, 513 Statutory (as, or as not, exclusive), 634-641 Implied, 779 REMOVAL FROM STATE COURT: (A) CIVIL CAUSES GENERALLY The term "initial" (Federal Jurisdiction) is employed below to distinguish jurisdiction originating in a Federal Court from Federal Jurisdiction. Equivalency, in breadth, in general, between (a) the Federal initial, and (b) the Federal Removal, Jurisdiction, 722 General Removal text, 722 Uses of the terms "suit", "controversy", "issue", etc., 722 Inclusion of Eminent Domain Compensation ("Damages") causes, 722 Ancillary suits, 722 Citizenship, for, 722 Class of State Court, 724 Existence of jurisdiction in State Court, as essential to Removal upon Merits, 725 But not upon question of jurisdiction of the State Court, 725 "Pending", "brought", "commenced": (definition), 725 Index. 893 Sections. EMOVAL FROM STATE COURT: (A) CIVIL CAUSES GENERALLY—(Continued). Eemoval: as of what period or stage, 726 Continuance of Removal conditions, essential, to what period, 726 Power of State Court over, 727 Particulars of Removal Procedure, 7 27 Counter-claim (made in a State Court), 728 Separable Controversy, 729 Exceptional Civil Removal: (prejudice, local influence, Federal officer, grants of land from different States), 730 Fraudulent action of plaintiff, in State Court, as extending, or reopening, Removal period, 780 Waiver or Estoppel, as operative in respect of Removal, 783 EEMOVAL FROM STATE COURT: (B) CEIMINAL CAUSES. Generally, 714 EEMOVAL PEEIOD As extended or enlarged by fraud of plaintiff in the State Court,... 780 EENDITION OF FUGITIVE See Extradition. ELECTRICAL PERSONS General principles, 235-238 No extra-areal status by mere home character, 235 Extra-areal ancillary recognition, 236 Extra-areal recognition, by Comity, 236 Extra-areal private recognition, 236 As vested with title, 237, 275 Extra-areal operation of home-existing, or home-created, title, 237 Extra-areal statutory recognition of home-created title, 237 Voluntary submission (of representative person) to extra-areal Judicial Jurisdiction, 238 Guardians, 240 Taxation, 263 REPUBLICAN FORM OF (STATE) GOVERNMENT Generally, 153 No requirement of Written State Constitution, 153 Nor of separation of Legislative, Executive, and Judicial, Branches, 153 Consistent with Initiative and Referendum, 153 Uniformity throughout a State, not essential, 153 Consistent with action of a State in a private capacity, 153 Public employment limitable to citizens of the State, 153 RES JUDICATA Generally, 631 Federal adoption of Common Law principles of, 6 Identity of issues, as essential, 631 Incidental issues actually passed upon, 631 Issues capable of having been raised, 631 Grounds and issues as open to inquiry, 631 Limitations imposed by home forum, as accompanying judgment, 631 Situation of consent judgment, 631 Criminal suits, 631 See Judgment; Parties; Jurisdiction. RESERVATIONS: FEDERAL Generally, 79 See Federal Area. RESERVATIONS, INDIAN See Indian. 894 Index. Sections. "RESIDENCE"; "RESIDENT" As distinguished from domicil, and domiciled inhabitant, 220, 569 RESTRAINT OF TRADE Generally, 403, 404 RETROACTIVE LEGISLATION Generally, 333-335 RETRO-CESSION By the United States, to a State, of Ceded area, 75 REVOCATION Of admission of Foreign Corporation, 288 RHODE ISLAND No formal Written Constitution until 1842, 23 RIPARIAN RIGHTS Exclusive power, in general, of Area rei sitae, as against extra-area public action, 240 As property, 485-489 RIVER See Streams; Water Area. SEAMAN; MERCHANT Compulsory service under shipping articles, 490 SEARCH WARRANT Generally, 675 SEAT OF THE GOVERNMENT Generally, 78 See Ceded Places; District of Columbia; Municipal corporations. SECOND AMENDMENT General View, 24, 25 SELF-INCRIMINATION Not matter of Federal Due Process of Law, 565 Forbidden to United States, by Fifth Amendment, 674 But not to States, 565 Federal doctrine of, 674 SERVICE OF PROCESS Generally, 760-762 SET-OFF See Countersuit. SEVENTEENTH AMENDMENT General View, 24, 25 SEVENTEENTH AMENDMENT General View, 25 SEVENTEENTH AMENDMENT General View, 25 SEVERABILITY Of void features of State enactment, 89 In aid of validity, 344 SEX Classification by, 498 See Voter; Equal Protection. SHAREHOLDERS' LIABILITY Generally, 268 SHARES OF STOCK Situs of, 270 Lien running with, 271 Index. 895 Sections. SHAEES OF STOCK— (Continued). Subscriptions, 272 See Corporations; Chattels (Incorporeal). SHELL-FISH  General view, 24, 25 SIXTEENTH AMENDMENT General view, 25 SLAVERY Early Federal assumption of power over (1775-6), 12 Dealt with by Ordinances of 1784, 17 SOLICITATION OF PRIZES In Intercomers, 212 SOVEREIGN: IMMUNITY FROM SUIT General principle, 609-616 Definition of suit, to this intent, 609-616 SOVEREIGN AS PLAINTIFF Generally; Definition of suit by, 617-619 SOVEREIGN AND OFFICIAL As Privies, 607 SPECIAL TAX Generally, 372 See Equal Protection; Taxation. SPRINGS As property, 488 STANDARDS OF VALUE Federal power of forging, of coins, 12 STATE Different uses of the term, 53 As used of Federal Areas, 53 Or of Indian Tribes, 54 STATE ACTION Federal power as accruing from, 101, 102 In aid of Federal law, 114 123, 175 STATE: AS A PRIVATE CORPORATION The Principle, 153 STATE JUDICIAL PROCEDURE Congressional power over, 660, 674 By Statutes of Limitation, 660 By Amnesty, 660, 674 STATE BONDS Inter-State taxation of, 264 STATE PRACTICE: COMMON LAW: FEDERAL ADOPTION OF Generally, 746-752 Federal Judicial Discretion as to, 746 Modification or adaptation, 752 Potential Scope of Adoption, 747 896 Index. Sections. STATE PEACTICE: COMMON LAW: FEDERAL ADOPTION OF — (Continued). Limitations, 748-751 Aecrued rights: no operation upon, 749 STATE CONTRIES: ENFORCEMENT OF FEDERAL LAW Generally, 657 STATE ELECTIONS OF FEDERAL CONCERN Federal power over, 105 STATE CRIMINAL PROCEDURE Potential Congressional Adoption of, distributively, 679 STATE JUDGE Salary as not Federally taxable, 135 STATE: SUIT AGAINST Generally, 705-710 See Sovereign. STATE LAW Higher or lower planes of, 91 As severable, 89 Congressional Adoption of, 771 Federal enforcement of, in general, at Common Law or in Equity, 763-771 Suit upon State judgment, 765 Extensions, State, of fields known to the Common Law, 768, 770 Criminal or Penal: exceptional Federal enforcement of by Removal, 714 STATE JUDICIAL DECISIONS UPON STATE LAW Following, or not following by Federal Courts, 688-696 Two generically different classes of such decisions, 688 As, or as not, made pending Federal cause in question, 689 Illustration: (a) classes of State decisions Federally followed, 690 (b) classes of State decisions not Federally followed, 691 Change in the course of State decision, 692 The question of awaiting, by a Federal Court, of a prospective State decision, 693 Different State interpretations, by different States, of home statutes of like tenor, 694 Difference of view. Federal and State, in mere Principles of Interpretation, 695 State interpretation as validative, or as invalidative, of Written law of the State, 696 Severability, in the latter field, 696 STATE OFFICIALS AS FEDERAL OFFICIALS Generally, 150 State Judges: with Jurisdiction Federally conferred, 150 State Magistrate: Federal affidavits, 150 State Tax Officials with Federal duties, 150 Federal duty (upon State Officials) of observance of State law of Federal concern, 150 STATES AS NATIONS: (A) PRIOR TO THE CONSTITUTION Inter se: inter-Treaty power, 13 As between a State and the United States: inter-Treaty power, 13, 27 As to Indian Tribes: inter-Treaty power, 13, 27 As to Indian Tribes: inter-Treaty power, 13, 27 Inter-Treaty (Compact), 140 Congressional consent thereto, 140 Equality as among States: definition of Index. 897 Sections. STATES AS NATIONS: (B) UNDER THE CONSTITUTION— (Continued). Absence of strict equality 141 The question of inter-State Immunity, 142 II. As Between a State and the United States and a State. Generally, 143-149 Inter-Treaty power, 143 State cession as inter-Treaty, 143 Origin of the Federal-State relation, 145 Federal relation with an inchoate State, 146 Potential Federal cession to a State, 147 Potential scope of Federal-State Treaty (Compact), 148 Legal, or Equitable, character, 149 STATES: IMMUNITY FROM ADVERSE FEDERAL ACTION Apart from the Sixteenth Amendment, from Federal taxation of salary of a State Judge; of a State occupation-license bond; of Municipal revenues, or assets, 135 As to question of recent qualification of the Immunity in respect of income, by Sixteenth Amendment, 25 STATEHOOD: TRANSITION TO Generally, 83-88 Conversion of Territorial law into State law, 83, 84 Enabling Acts: Interpretation of, 85-87 Power of Congress, 86 Transfer of Public Lands, 88 Judicial Procedure incidental to Transition, 680 STATUS: OF INDIVIDUALS: AS BASIS OF FEDERAL INTRA-STATE POWER Generally, 103-110 Of Federal Citizenship, 104 Of Federal Officials, 105 Of Federal officials, 106 Of Federal prisoners, 106 Of persons giving information to Federal Officials, 106 Of State voters, in Elections of Federal concern, 107 Of Aliens 108 Federal status: not by Race or Color, merely, 109 Incidental status, 110 STATUTES OF FRAUDS See Frauds. STATUTES OF LIMITATION See Limitation. STATUTORY REMEDY As, or as not exclusive: generally, 634-641 Illustration, 635 Statute of Limitations as limitative feature of, 637 Taxation as, 638 Damages, Rule of, as feature of, 639 Operation of Statutory Remedy upon Substantive law, 640 Statutory cause of action: as, or as not, limitable to home forum,.. 641 STOPPING PLACES See Railroads; Interstate Commerce. STREAMS; RIVERS Improvement of, Federal or State, 530, 531 Power of upper, and of lower. State or Federal State, over, 242 As Admiralty waters: see Admiralty. 57 898 Index. Section. STREET RAILROADS In Intercommerce, 185 SUA SPONTE Dismissal of Federal suit for lack of jurisdiction, 712, 713 SUBSTITUTED PARTIES Generally, 604 SUBTERRANEAN WATERS As property, 488 SUCCESSION TAXES Generally, 366 SUIT: QUESTION OF, AGAINST SOVEREIGN Generally, 609-620 SUIT, AS CIVIL OR AS CRIMINAL; AS PENAL See Procedure. SUIT; CAUSE; ACTION; CASE, ETC. Federal conception and definition of, 580-584 Divisibility of, 581 Countersuit, 582 Collateral issue arising before an Executive magistrate, as suit, 583 Ancillary, In rem, 588, 589 Admiralty form, of non- Admiralty suit, 608 Quasi-suit; (in a Court of Claims), 620 See Separable Controversy. SUIT: RIGHT OF, AS MATTER OF PRIVILEGES AND IMMUNITIES See the latter head. SUM IN CONTROVERSY See Amount. SUNDAY LAWS: STATE From the standpoint of Intercommerce, 172 SUPRASTATE COMMERCE See Uses of Terms; Commerce. SUPREME COURT: (A) ORIGINAL JURISDICTION Generally, 705-710 No diminution or enlargement by Congress, 705 Suits between States, 706 Ambassadors, etc., 708 Suit by State against private person, 709 Not on Criminal or Penal cause of action, or upon judgment rendered, in such suit, 709 No Advisory Jurisdiction, 710 SUPREME COURT: (B) APPELLATE JURISDICTION See Appellate Jurisdiction. SWITCHING SERVICE State power, in Intercommerce, Taxation; Exemption. TAX SALE Federal power of buying in, at, 117 Index. 899 Sections. TAXATION: BY STATE OR FEDERAL STATE: AS AREALLY LIMITED The general principle, 240 TAXATION: MULTI-AEEAL PLANTS Generally, 291 TAXATION: STATE: FEDERAL IMMUNITY FROM Generally, 130 Including property held by the United States in trust, 130 Inhibition even of State assessment, for taxation, 130 Such Federal Immunity, pro rata, to extent of Federal title, 130 Such Federal Immunity, pro rata, to extent of Federal title, 130 As to features otherwise separable, 132 Limitations upon State power of enforcement of valid tax, 133 TAXATION: (A) GENERALLY Tax, definition of, 358 Tax such in form only, 361 Tonnage tax, 358 Direct tax, 359 Uniform, 359 Lien, 367 Special tax, 372 Taxation as Legislative, 362 Quasi-Judicial aspect: notice and hearing, 363; 566, 567 Motive or intent of taxable person, 369 Interest upon tax Assessed, 370 Personal liability, 371 Potential amount, 373 Repetition of tax, 374 Increase of tax assessed, 374 Exemptions, 377 Federal Immunity from State taxation, 125-134 State Immunity from Federal taxation, 135, 136 Taxation in Federal Area, 49; 357 Tax: private right in, as Remedy, 638 Taxation as matter of Equal Protection of the Laws, 497-499 TAXATION: (B) AS AMONG STATES; AS AMONG FEDERAL STATES; AS AMONG THE STATES AND THE FEDERAL STATES AS A CLASS As to use of the term "area", below, see Uses of Terms. Land: taxable only by area of situs, 240, 241 So of corporeal chattels, 250 So, in general, as to incorporeal chattels, 253-264 Foreign corporations, as such, 278-289 Discrimination against, 278 TELEGRAMS In Intere commerce, 202 Delivery of, 202 State power over, 175 No extra-State power, 198 TELEGRAMS Limitation of liability, 199 TELEGRAPH COMPANIES OF FEDERAL CONCERN Generally, 133 TENTH AMENDMENT General view, 24, 25 TERMS, USES OF See Uses of Terms. 900 Index. Sections. TERRITORIAL DECISIONS Following, or not, by general Federal Courts, 697 TERRITORIES See Federal Area. TERRITORY, BONDS OF As United States bonds, 131 TESTAMENTARY DISPOSITION See Devise and Legacy. THALWEG Doctrine of, 349 THIRD AMENDMENT General View, 24, 25 THIRTEENTH AMENDMENT General view, 25 TITLE As vested in representative person, 237 Local regulation of transfer, 240, 246 TITLE-CLEARING PROCEDURE Power of State, or of Federal State, over, 240 Federal power over: See Tenue. TIME-SCHEDULES See Railroads; Commerce. TONNAGE-TAX Generally, see Taxation. Relation to Commerce Clause, 166 Definition, 358 TORT Federal modification of State law of, 89, 457 Maritime, 541 In Intercommerce, 176 TRADE DOMICIL For taxation, 261 TRADE, RESTRAINT OF Generally, 403, 404 TRADING-STAMPS In Intercommerce, 172 TRANS In Intercommerce, 172 FER OF TITLE Limitations upon right of, 454 TRANSITORY CAUSE OF ACTION As, or as not, limitable to a particular forum, 641 TREATY As Law of the Land, 314-327 As to a State as party, see State. As to Indians, see Indians. TREATY COURTS Character, 698, 699 TRESPASS UPON FEDERAL PROPERTY See Property, Federal. TRUSTEE PROCESS See Restraint of Trade. TRUSTEE PROCESS See Garnishment. TWELFTH AMENDMENT General View, 25 Index. 901 Sections. UNIFOEM See Taxation. UNITED STATES PROPER See Uses of Terms. UNITED STATES: PROPERTY OF See Property, Federal. UNITED STATES: SUIT BY General, 617-619 Definition of, 618 UNITED STATES: IMMUNITY FROM SUIT See Sovereign. UNITED STATES, IMMUNITY FROM ADVERSE STATE ACTION: (A) SUBSTANTIVE LAW General Principle, 125-134 From State Eminent Domain, 126 In respect of Federal Officials, 127 In respect of Federal Taxation, 128 As against State recording requirements, 129 As against State recording requirements, 129 As against State taxation of Federal property, 130 Or of property of Federal concern, 130 In respect of Federal Instrumentalities in general, 131 The line of demarcation, 132 Limitation upon enforcement of valid State tax, upon private property in possession or custody of the United States, 134 Federal concession, in this field, 134 UNITED STATES, IMMUNITY FROM STATE ACTION: (B) STATE JUDICIAL ACTION Generally, 652; 661-663 UNITED STATES ATTORNEYS Aiding, or giving information to, 106, 677 As to power of granting immunity, 672 UNITED STATES States Commissioners, 670 UNITED STATES MARSHAL See Marshal. USES OF TERMS (Immediately following Table of Cases). UNWRITTEN LAW Generally, 27 VACCINATION State power, 490 VAPORS: OFFENSIVE See Air, Nuisance. VALUE See Amount in controversy; Eminent Domain; Standards. VENDOR'S LIEN See lien. VENUE: AS AMONG FEDERAL JUDICIAL DISTRICTS Generally, 740-745 Waiver or Estoppel, as to, 740 902 Index. Sections. VENUE: AS AMONG FEDERAL JUDICIAL DISTRICTS— (Continued). In case of joinder of different causes of action, 742 Under Sherman Act, 743 Eight of challenge of, 745 In title-clearing Procedure, 741 Definition (for this purpose) of suit in Rem, 741 VERDICT: CIVIL, COMMON LAW Finality of, Federal or State, 658, 659 VESSEL Definition of, in Admiralty, 542 Public vessels, 543 Vessel as mere chattel, 544 Domestic, in Intercommerce, 169 Conventional situs, when at sea, 248 Situs for taxation, 250 Local power over persons upon, while in port, 233, 250 VOTER; VOTING FRANCHISE Race or Color, 107, 109, 301 "Women, 107, 301, 498 State voters as, collectively, a Federal office, 306 Aliens as, 139 Requirement of period of inhabitancy, 306, 498 See Status. VOUCHING-IN OF PARTY Generally, 598 WAIVER: BY UNITED STATES, OF SOVEREIGNTY IN FEDERAL AREAS, TO CERTAIN INTENTS Generally, 215 WAIVER AND ESTOPPEL, IN RESPECT OF FEDERAL ORIGINAL JURISDICTION Generally, 782-784 WAIVER AND ESTOPPEL IN RESPECT OF FEDERAL APPELTABLE JURISDICTION Generally, 788 WAR, ARTICLES OF Pre-Constitution Origin of, 12 WAR POWER Prior to the Constitution, 12 WARD As party to suit: see Parties. See also Guardian; Representative Persons; Probate. WARDS, FEDERAL Generally, 106 Aliens, as, 106 Private persons, aiding Federal Officials, as, 106 WATER As a commodity, 485 WATER As Property, within the Due Process texts, 485-489 Incidents, (free-swimming fish, shell-fish, etc.), 485 Aquatic growths, 485 Bed-soil, 485 Riparian rights, 485-489 Public, and private, interest, 486 Index, 903 Sections. WATER AKEA— (continued). Navigation, right of, 487 Improvement, 487 Surplus power, incidental to improvement, 487 Subterranean waters, 488 WAT, PITBLIC In Intercommerce, 183-196 Abutters, 456 See Commerce. WBBB-KENYON ACT Generally, 405 WEIGHTS AND MEASURES Federal power, 122 WELFARE: GENERAL Question of definition of, 161-164 WEIGHTS, NET State requirements as to, 172 WEIGHTS, NET See Connecticut. WHARVES In Intercommerce, 194 WILL See Devise and Legacy. WILSON ACT Generally, 405 WINDING-UP See Corporations (Domestic). WIRES ETC.: IN STREETS Generally, 193 WITHDRAWAL: BY FOREIGN CORPORATION Right of, in general, 287 Pending liabilities, 287 WORDS, USES OF See Uses of Terms. 