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

for plaintiff in error. The Attorney General for defendant in

error.

No. 129. WILLIAM F. TRYBER, APPELLANT, v. MCGREGOR CREAMERY ASSOCIATION ET AL. Appeal from the Circuit Court of the United States for the Western District of Texas. December 11, 1905. Dismissed with costs, pursuant to the tenth rule. Mr. W. J. Moroney for the appellant. No appearance for appellees

Order.

199 U.S.

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1905.

ORDER.

It is ordered by the Court that General Order in Bankruptcy No. 35 be- amended by adding the following sentence to subdivisión 4:

He may also, pending such proceedings, both in voluntary and involuntary cases, order the commissions of referees and trustees to be paid immediately after such commissions accrue and are earned.

(Promulgated December 11, 1905.)

ALASKA, Act of May 17, 1884, 23 Stat. 24 (see Public Lands, 3): Russian-
American Packing Co. v. United States, 570.

CRIMINAL PROCEDURE, Rev. Stat. § 1014 (see Criminal Law; Removal of
Causes, 3): Hyde v. Shine, 62.

DISTRICT OF COLUMBIA, Comp. Stat. D. C. § 23, ch. 35 (see Criminal Law, 4):
Hyde v. Shine, 62.

HABEAS CORPUs, Rev. Stat. § 766 (see Constitutional Law, 3): Rogers v.
Peck, 425.

INTERNAL REVENUE, Rev. Stat. §§ 3140, 3232, 3244 (see Internal Revenue,
2): South Carolina v. United States, 437.

INTERSTATE COMMERCE, Wilson Act of August 8, 1890, 26 Stat. 313 (see
States, 10): Foppiano v. Speed, 501.

JUDICIARY, Act of March 2, 1887, 24 Stat. 442, and Act of March 3, 1887,
24 Stat. (see Statutes, A 2): Petri v. Creelman Lumber Co., 487.
NATIONAL BANKS, Rev. Stat. §§ 5211, 5240, 5241 (see National Banks, 3):
Guthrie v. Harkness, 148.

PHILIPPINE ISLANDS, Act of July 1, 1902, 32 Stat. 691 (see Constitutional
Law, 14; Courts, 7): Trono v. United States, 521.

PUBLIC LANDS, Rev. Stat. § 2262 (see Public Lands, 10): Hafemann v.
Gross, 342. Act of March 3, 1891 (see Public Lands, 3, 4, 5); Russian-
American Packing Co. v. United States, 570. Rev. Stat. §§ 2291, 2292
(see Public Lands, 6; Removal of Causes, 2): McCune v. Essig, 382.

RAILROADS, Act of 1871, 16 Stat. 430 (see Railroads, 1): Union Pacific Co.

v. Mason City Co., 160.

ADVERSE POSSESSION.

See EJECTMENT, 1.

AFFREIGHTMENT.

See MARITIME LAW.

AGENCY.

See INTERNAL REVENUE, 2.

AMENDMENT.

See BANKRUPTCY, 1;
PLEADING.

ANCIENT DOCUMENTS.

See EVIDENCE.

APPEAL AND ERROR.

1. Effect of affirmance on both of two grounds upon which judgment below was
rested.

A distinct ruling on any question fairly arising in a trial is not obiter dictum,
and where the judgment rests upon two grounds, either being sufficient
to sustain it, and the appellate court sustains it on both grounds, the
ruling on neither is obiter but each is the ruling of the court and of equal
validity with the other. Union Pacific Co. v. Mason City Co., 160.

2. Necessity for bill of exceptions or formal certificate on writ of error to review
judgment of Circuit Court as to jurisdiction-Sufficiency of writ of error.
Where it is plainly apparent on the record that the only matters tried and de-
cided in the Circuit Court were demurrers to pleas to the jurisdiction,
and the petition upon which the writ of error was allowed asked only
for the review of the judgment which decided that the court had no
jurisdiction, no bill of exceptions or formal certificate in respect to the
matter decided is required and the writ of error will not be dismissed
because authenticated by a judge other than the trial judge, and not
made at the term in which the judgment was entered. Petri v. Creel-
man Lumber Co., 487.

3. Damages awarded on affirmance.

Award of ten per cent damages, in addition to interest and costs, on affirm-
ance of judgment. Wabash Railroad Co. v. Mathew, 605.

See CONSTITUTIONAL LAW, 4, 14; JURISDICTION;

BANKRUPTCY.

1. Order amending General Order in Bankruptcy No. 35.

It is ordered by the court that General Order in Bankruptcy No. 35 be
amended by adding the following sentence to subdivision 4: He may
also, pending such proceedings, both in voluntary and involuntary
cases, order the commissions of referees and trustees to be paid immedi-
ately after such commissions accrue and are earned. (Promulgated
December 11, 1905), 617.

2. Power of special master to sue to collect assets of bankrupt.
Where the decree appointing a special master gave him express authority
to sue to collect all assets of the bankrupt, the fact that he was merely
designated as special master did not deprive him of the special powers
to sue conferred on him by the decree. Royal Insurance Co. v. Miller,
353.

BANKS.

See NATIONAL BANKS.

BENEFITS.

See TAXATION, 11.

BILL OF EXCEPTIONS.
See APPEAL And Error, 2.

BONDS.

See PROHIBITION.

BRIDGES.

See RAILROADS, 1.

BURDEN OF PROOF.

See TAXATION, 8.

CABS.

See RAILROADS, 3;

STREETS AND Sidewalks, 1.

CAPITAL STOCK.

See JURISDICITON, A 5;

NATIONAL BANKS, 1.

CARRIERS.

See RAILROADS;

TAXATION, 10.

CASES DISTINGUISHED.

United States, 195 U. S. 100, distinguished in Trono v. United

Kepner v.
States, 521