Cases Disposed of Without Consideration by the Court. 239 U. S.

tenth rule. Mr. Elijah N. Zoline for the plaintiff in error. No appearance for the defendants in error.

No. 130. MARIA L. OVERTON ET AL., APPELLANTS, v. THE UNITED STATES. Appeal from the Court of Claims. December 9, 1915. Judgment reversed and cause remanded for further proceedings, upon confession of error and motion of Mr. Solicitor General Davis for the appellee. Mr. W. H. Conaway for the appellants. The Attorney General and The Solicitor General for the appellee.

No. 150. ARTHUR RYLE ET AL., AS TRUSTEES, ETC., APPELLANTS, v. THE UNITED STATES. Appeal from the Court of Claims. December 17, 1915. Judgment reversed and cause remanded for further proceedings upon confession of error and motion of Mr. Solicitor General Davis for the appellee. Mr. H. T. Newcomb and Mr. Morris F. Frey for the appellants. The Attorney General and The Solicitor General for the appellee.

No. 159. THE UNITED STATES, APPELLANT, v. JEFFERSON F. MOSER. Appeal from the Court of Claims. December 17, 1915. Dismissed, on motion of Mr. Solicitor General Davis for the appellant. The Attorney General and The Solicitor General for the appellant. Mr. George A. King and Mr. William B. King for the appellee.

No. 407. OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, PLAINTIFF IN ERROR, v. HENRY M. PFEIFFER. In error to the Supreme Court of the State of

239 U.S.

Cases Disposed of in Vacation.

Oregon. December 20, 1915. Dismissed with costs on motion of counsel for the plaintiff in error. Mr. W. F. Cotton and Mr. Henry W. Clark for the plaintiff in error. Mr. H. M. Pfeiffer pro se.

No. 334. NETTIE L. SCOTT, APPELLANT, v. MRS. E. N. PHILIPO ET AL. Appeal from the Supreme Court of the Territory of Hawaii. January 6, 1916. Dismissed with costs on motion of counsel for the appellant. Mr. John W. Cathcart for the appellant. No appearance for the appellees.

No. 796. COON RAPIDS NATIONAL BANK ET AL., PLAINTIFFS IN ERROR, v. MAGGIE I. LEE, EXECUTRIX, ETC. In error to the Supreme Court of the State of Iowa. Submitted December 20, 1915. Decided January 10, 1916. Docketed and dismissed with costs, pursuant to the ninth rule. Mr. A. B. Cummins and Mr. O. M. Brockett for the defendant in error. No one opposing.

CASE DISPOSED OF IN VACATION.

No. 191. THE STATE OF WASHINGTON ON THE RELATION OF AUGUSTUS S. PEABODY, TRUSTEE, PLAINTIFF IN ERROR, V. THE CITY OF SEATTLE ET AL. In error to the Supreme Court of the State of Washington. September 7, 1915. Dismissed pursuant to the twenty-eighth rule. Mr. George Donworth and Mr. Elmer E. Todd for the plaintiff in error. Mr. Howard A. Hanson for the defendant in

error.

INDEX.

ACETYLENE GAS TANKS. See Patents for Invention.

ACQUETS OF COMMUNITY PROPERTY. See Civil Law.
ACTIONS:

Whether complaint states joint cause of action against resi-
dent and non-resident defendants is a matter of state law.
Chicago & Rock Island Ry. v. Whiteaker.. ..
Tennessee statute requiring foreign corporation to take cer-
tain steps before maintaining action not unconstitutional.
Interstate Amusement Co. v. Albert.. ...

Where highest court of State does not pass on whether, al-
though questioned, taxpayer has right to maintain action,
this court may, even if not required to do so, assume that
such right exists. Heim v. McCall..

Crane v. New York..

Alien is entitled to earn livelihood and continue employ-
ment unmolested, and to protection in equity in absence
of adequate remedy at law, and unjustifiable interference of
third parties to prevent employment actionable even if em-
ployment is at will. Truax v. Raich...

In condemnation proceedings in New York, although maps
made of parcels and notices posted, proceeding not com-
menced until petition filed, and non-resident purchasing
before that can move case into Federal court. New York
v. Sage...

PAGE

421

560

175

195

33

57

Negligence for which action maintainable under Employers'
Liability Act. See Kanawha Ry. v. Kerse

576

Who may maintain, under Employers' Liability Act. See
Employers' Liability Act.

See Limitations.

ACTS OF CONGRESS. See Congress; Construction.

ACT TO REGULATE COMMERCE. See Interstate Com-

merce.

ADEQUATE REMEDY AT LAW. See Equity.

(661)

ADMINISTRATIVE OFFICERS. See Public Officers.

ADMISSION TO UNION. See Public Lands.

ADVERSE POSSESSION:

Although adverse possession may have been the basis of the
judgment of the state court, if it did not seem against a
Federal instrumentality, the judgment cannot be sustained
as resting on an independent non-Federal ground. Northern
Pacific Ry. v. Concannon..

See Northern Pacific Railway.

ALIENATION OF LANDS. See Indians.

ALIENS:

Alien cannot be excluded simply because officer declares he
may become public charge on account of overstocked condi-
tion of labor market. Gegiow v. Uhl . . . . . .

Conclusiveness of decisions of immigration officers is as to
questions of fact; other questions reviewable by courts. Id.
By enumerating conditions on which aliens denied admission
Immigration Act prohibits denial of admission in other
cases. Id.

Grounds of exclusion under § 1 of Immigration Act are per-
sonal and permanent, irrespective of local conditions. Id.
Immigration Act deals with admission of aliens to United
States and not to particular points of destination therein.
Id.

Court will not presume Congress gives greater power to
subordinate in regard to determination of questions than to
the President. Id.

PAGE

382

3

The power to control immigration-to admit or exclude
aliens-is vested in Federal Government, and the States
may not deprive admitted aliens of right to earn living or
require employers only to employ citizens. Truax v. Raich 33
Alien admitted to United States under Federal law has
privilege of entering and abiding in any State and as in-
habitant of State is entitled under Fourteenth Amend-
ment to equal protection of law, as
any person within
the jurisdiction of the United States" and this includes
right to earn living which was purpose of amendment to
secure. Id.

66

Alien is entitled to right to earn livelihood and continue
employment unmolested and to protection in equity in
absence of adequate remedy at law; and unjustifiable