JURISDICTION-Continued.

5. Injunction. State Officers. Price Control Act. Jurisdiction of suit to enjoin state officer from violating Emergency Price Control Act. Case v. Bowles, 92.

6. Three-Judge Court. Enjoining Enforcement of State Constitution. Judicial Code § 266, providing that only a 3-judge court may grant interlocutory injunction against enforcement of state "statute," applicable also to state constitution. A. F. of L. v. Watson, 582.

7. Three-Judge Court. Enjoining Violation of Price Control Act by State Officer. Suit against state officer to enjoin violation of Emergency Price Control Act not required to be tried by three judges. Case v. Bowles, 92.

8. Exhaustion of Administrative Remedies. Renegotiation Act. Jurisdiction as affected by failure of claimant to exhaust administrative remedies provided in Renegotiation Act. Macauley v. Waterman S. S. Corp., 540.

9. Review of Orders of Interstate Commerce Commission. Function of court on review of I. C. C.; Commission, not court, arbiter of public interest. U. S. v. Pierce Auto Lines, 515.

10. Sufficiency of Complaint. When to be Determined. Whether complaint states remediable cause of action must be decided after, not before, court assumes jurisdiction. Bell v. Hood, 678.

V. Court of Claims.

Counterclaim. Debt to R. F. C. Jurisdiction in suit for tax refund to hear and determine Government counterclaim based on claimant's indebtedness to Reconstruction Finance Corporation. Cherry Cotton Mills v. U. S., 536.

VI. Tax Court.

Renegotiation Act. Authority of Tax Court to determine question of coverage. Macauley v. Waterman S. S. Corp., 540.

JURY. See Criminal Law, 2; Damages, 2; Employers' Liability Act, 2; Evidence, 4; Trial, 2.

JUST COMPENSATION. See Eminent Domain, 2.

KICKBACK ACT. See Criminal Law, 3.

KIN. See Employers' Liability Act, 1; Labor, 9.

LABOR. See also Administrative Law, 7; Bankruptcy, 2; Constitutional Law, I, 9; IV, 2; V, 4; Criminal Law, 3; Employers' Liability Act, 1-2; Jurisdiction, III, 2.

1. National Labor Relations Act. Authority of Board. Review of Order. Circuit Court of Appeals without authority to eliminate broad cease-and-desist order, where not objected to before Board and failure unexcused. Labor Board v. Cheney Lumber Co., 385. 2. Fair Labor Standards Act. Coverage. Garages. Act applicable to garage employees engaged exclusively in maintenance of vehicles of interstate carrier; exemption of employees engaged in "service establishment" inapplicable; employees not exempt as employees as to whom I. C. C. has power to establish qualifications and maximum hours under Motor Carrier Act. Boutell v. Walling, 463.

3. Fair Labor Standards Act. Coverage. Window Cleaning. Employees engaged in cleaning windows of customers producing goods for interstate commerce covered; not exempt as employees of "retail or service establishment." Martino v. Michigan Window Cleaning Co., 173.

4. Fair Labor Standards Act. Coverage. Newspapers. Act applicable to publisher of daily newspaper, 0.5% of whose circulation is out of State; maxim de minimis inapplicable; effect of exemption of small weekly and semiweekly newspapers; application of Act to employees dependent on nature of work. Mabee v. White Plains Pub. Co., 178; see also Oklahoma Press Co. v. Walling, 186.

5. Fair Labor Standards Act. Authority of Administrator. Investigations. Subpoena power of Administrator; judicial enforcement; investigative function; probable cause; adjudication of coverage not prerequisite. Oklahoma Press Co. v. Walling, 186.

6. Fair Labor Standards Act. Overtime. Contracts. Written agreements with employees no defense to suit under § 16 (b) for overtime. Martino v. Michigan Window Cleaning Co., 173.

7. Motor Carrier Act. Employees. Power of I. C. C. to establish qualifications and maximum hours limited to employees of "carriers." Boutell v. Walling, 463.

8. Railway Labor Act. Collective Agent. Adjustment Board. Authority of collective agent to settle individual employee's claim or to represent him before Adjustment Board; challenger of award of Adjustment Board has burden of showing error; previous decision of this Court adhered to on rehearing. Elgin, J. & E. R. Co. v. Burley, 661.

9. Federal Employers' Liability Act. Right of Recovery. Next of Kin. Dependents. Dependent cousin could recover under Act though decedent survived by nearer kin who could not. Poff v. Pennsylvania R. Co., 399.

EMINENT DOMAIN.

1. Scope of Power. Tennessee Valley Authority Act. Scope of power of Tennessee Valley Authority to condemn lands to carry out purposes of Act. U. S. ex rel. T. V. A. v. Welch, 546.

2. Use of Building. Just Compensation. Rights of Tenants. Measure of damages recoverable by tenants holding under leases for various terms where use of building taken for temporary period; termination-by-condemnation clause; costs of removal or relocation; right of renewal. U. S. v. Petty Motor Co., 372.

EMPLOYER AND EMPLOYEE. See Labor.

EMPLOYERS' LIABILITY ACT. See also Jurisdiction, I, 8.

1. Right of Recovery. Next of Kin. Dependent cousin could recover under Act though decedent survived by nearer kin who could not. Poff v. Pennsylvania R. Co., 399.

2. Negligence. Evidence. Sufficiency of evidence to justify submission to jury; function of appellate court; reversible error. Lavender v. Kurn, 645.

ENEMY COMBATANTS. See Constitutional Law, I, 3; War, 3–7. EQUITY. See Bankruptcy, 1-5; Jurisdiction, I, 2; IV, 4-8; Limitations, 1-3.

ERROR. See Criminal Law, 2; Employers' Liability Act, 2.

EVIDENCE. See also Antitrust Acts; Constitutional Law, V, 10; Damages, 1-2; Employers' Liability Act, 2; Procedure, 3-4; War, 6-7.

1. Admissibility. Suits Under Employers' Liability Act. Rulings on admissibility normally in discretion of trial judge. Lavender v. Kurn, 645.

2. Antitrust Acts. Damages. Sufficiency of Evidence. Evidence sustained verdict for theatre owner for damages from discriminatory system of distributing motion-picture films. Bigelow v. RKO Radio Pictures, 251.

3. Income Tax. Partnership. Sufficiency of evidence of "partnership" for federal income tax purposes. Commissioner v. Tower, 280; Lusthaus v. Commissioner, 293.

4. Negligence. Employers' Liability Act. Sufficiency of evidence to go to jury in suit under Federal Employers' Liability Act. Lavender v. Kurn, 645.

EXEMPTION. See Constitutional Law, III, 2; V, 3-4; Labor, 2-4. FAIR LABOR STANDARDS ACT. See Administrative Law, 6; Constitutional Law, I, 9; III, 1–2; IV, 2; V, 4; Labor, 2-6.

691100°-47- -62

FAITH AND CREDIT. See Constitutional Law, I, 7.

FAMILY PARTNERSHIPS. See Taxation, I, 2.

FEDERAL AGENTS. See Jurisdiction, IV, 1.

FEDERAL EMPLOYERS' LIABILITY ACT. See Employers' Liability Act, 1-2; Labor, 9.

FEDERAL FARM LOAN ACT. See Limitations, 2.

FEDERAL OFFICERS. See Jurisdiction, IV, 1.

P. 821.

FEDERAL QUESTION. See Jurisdiction, I, 4. FEDERAL RULES OF CRIMINAL PROCEDURE. FEDERAL-STATE RELATIONS. See Bankruptcy, 2; Constitutional Law, I, 4; II, 1-5; Jurisdiction, I, 5; IV, 3, 5–7; Limitations, 1; Taxation, II, 1–3.

FEDERAL TRADE COMMISSION. See also Constitutional Law, I, 6; Jurisdiction, III, 5.

Trade Name. Prohibition of Use. Use of trade name should not be prohibited if less drastic remedy would effectuate Act. Siegel Co. v. Trade Comm'n, 608.

FIFTH AMENDMENT. See Constitutional Law, I, 6–7; III, 1; IV, 1-2; V, 1-10; Jurisdiction, IV, 1.

FINDINGS. See Jurisdiction, III, 3-4; Taxation, I, 2.

FIRST AMENDMENT. See Constitutional Law, III, 1–2.

FOREIGN COMMERCE. See Transportation, 3.

FOREST RESERVE. See Constitutional Law, II, 5; Taxation, II, 3. FORMS.

Criminal Procedure Forms, p. 877.

FORWARDERS. See Transportation, 3.

FOURTEENTH AMENDMENT. See Constitutional Law, I, 7; V, 2, 6-8, 10.

FOURTH AMENDMENT. See Constitutional Law, I, 6; Jurisdiction, IV, 1.

FRAUD. See Bankruptcy, 1; Judgments, 1.

FREEDOM OF THE PRESS. See Constitutional Law, III, 1-2; Labor, 4; Postal Service.

FREIGHT FORWARDERS. See Transportation, 3.

FULL FAITH AND CREDIT. See Constitutional Law, I, 7.
GARAGES. See Labor, 2.

GENEVA CONVENTION. See War, 6.

GOVERNMENT CONTRACT. See Constitutional Law, II, 4–5; Jurisdiction, I, 3; IV, 8; V; VI; Taxation, II, 2-3.

GRANDFATHER RIGHTS. See Transportation, 4.

GROSS INCOME. See Taxation, I, 1-2.

HABEAS CORPUS.

1. Scope of Inquiry. Court not concerned with guilt or innocence of petitioner. In re Yamashita, 1.

2. Suspension of Writ. Martial Law. Military Trials. Civilians. Hawaii. Civilians unlawfully tried and imprisoned by military tribunal entitled to freedom on habeas corpus. Duncan v. Kahanamoku, 304.

HAWAII. See Constitutional Law, I, 1; Habeas Corpus, 2; War, 1-2.

HEARING. See Constitutional Law, V, 1-2, 6-10; Procedure, 2-3. HEARSAY. See War, 6, 8.

HOLDING COMPANIES. See Constitutional Law, IV, 3; V, 5; Public Utilities.

HOURS OF SERVICE. See Labor, 2, 6–7.

HUSBAND AND WIFE. See Constitutional Law, V, 6-8; Taxation, I, 2.

INCOME TAX. See Taxation, I, 1–3.

INDEMNITY. See Bankruptcy, 2.

INDIANS. See Criminal Law, 1.

INDICTMENT.

Sufficiency. Indictment for violation of Kickback Act. U. S. v. Carbone, 633.

INJUNCTION. See Bankruptcy, 3; Jurisdiction, IV, 4-7.

INSTRUCTIONS TO JURY. See Criminal Law, 2.

INSURANCE. See Labor, 10.

INTERNATIONAL LAW. See War, 3-7.

INTERSTATE COMMERCE. As to constitutional questions involving the commerce clause, see Constitutional Law, IV; as to crimes involving interstate commerce, see Criminal Law, 3; as to matters affecting employment relations, see Labor; as to rail, motor and water carriers, see Transportation; as to monopolies and restraints of trade, see Antitrust Acts.