the criminal laws of the United States," in which the judgment of 4. The statute of New Hampshire providing for proceedings against mill- 5. A bill brought solely to enforce compliance with the Interstate Com- 6. The plaintiff in his declaration described himself as a resident in See RAILROAD, 9. D. JURISDICTION OF DISTRICT COURTS OF THE UNITED STATES. E. JURISDICTION OF The Court OF CLAIMS. The act of March 3, 1887, 24 Stat. 505, c. 359, providing for the bringing "that the claims of married women first accrued during marriage, of See INTERNAL REVENUE TAXES; RIPARIAN OWNERSHIP. F. JURISDICTION OF THE COURT OF APPEALS OF THE DISTRICT OF The Court of Appeals of the District of Columbia was duly authorized by 1. The direction of the municipal authorities of Baltimore to the street rail- granted to the company, did not substantially change the terms of the contract (if there was one), between the city and the railroad as expressed in the original grant and was no more than the exercise by the city of its acknowledged power to make a reasonable regulation concerning the use of the street by the railroad company. Baltimore v. Baltimore Trust & Guarantee Co., 673. 2. An existing system of water supply in a municipality which is the property of private individuals and is operated under a contract with the municipal corporation for furnishing it with a portion of its needed supply of water under rates fixed by the contract, is private property which may be acquired by the public, in the exercise of the power of eminent domain, on the payment of a just compensation, including compensation for the termination of the contract. Long Island Water Supply Co. v. Brooklyn, 685. 3. In condemnation proceedings for that purpose, the assessment of damages may be made by commissioners where the statutes so provide, and there is no denial of due process of law in making their findings final as to the facts, leaving open to the courts the inquiry whether there was any erroneous basis adopted by the commissioners in their appraisal, or other errors in their proceedings. lb. 4. There was nothing in the statute under which the Long Island Water Supply Company was organized, nor in its contract with the town of New Lots for the supply of water, nor in the act of annexation to Brooklyn, which gave to that company rights exclusive and beyond the reach of such legislative action. Ib. See CONSTITUTIONAL LAW, 13. NAVIGABLE WATERS. See RIPARIAN OWNERSHIP. NEUTRALITY. 1. Neutrality, strictly speaking, consists in abstinence from any participation in a public, private or civil war, and in impartiality of conduct toward both parties: but the maintenance unbroken of peaceful relations between two powers when the domestic peace of one of them is disturbed is not neutrality in the sense in which the word is used when the disturbance has acquired such head as to have demanded the recognition of belligerency; and, as mere matter of municipal administration, no nation can permit unauthorized acts of war within its territory in infraction of its sovereignty, while good faith towards friendly nations requires their prevention. The Three Friends, 1. 2. The word "people," as used in Rev. Stat. § 5283, forbidding the fitting out or arming of vessels with intent that they shall be employed in the service of any foreign people, or to cruise or commit hostilities against the subjects, citizens or property of any foreign people with whom the 3. Although the political department of the government has not recog- 4. The courts of the United States having been informed by the political Ib. 5. The order for the release of the vessel was improvidently made, as it Ib. NORTHERN PACIFIC RAILROAD COMPANY. See PUBLIC LAND, 2. PATENT FOR INVENTION. 1. When letters patent are surrendered for the purpose of reissue, they 2. Whether, if the reissue be void, the patentee may fall back on his origi See JURISDICTION, C, 1. PRACTICE. Grayson v. Lynch, 163 U. S. 468, followed to the point that the special to bring up the whole testimony for review any more than in a trial by jury. St. Louis v. Western Union Telegraph Co., 388. See ADMIRALTY, 1, 2, 8; CONSTITUTIONAL LAW, 1; DAMAGES; RAILROAD, 11. PROHIBITION, WRIT OF. Applying to the facts as stated in the opinion of the court the settled rules in reference to writs of prohibition laid down in In re Rice, 155 U. S. 396, 402, it is held that a proper case is not made for awarding such a writ. Alix, Petitioner, In re, 136. PUBLIC LAND. 1. Generally a patent is necessary for transfer of the legal title to public lands. Carter v. Ruddy, 493. 2. Lands were expressly excepted from the grant made in 1864 for the benefit of the Northern Pacific Railroad, which were not free from preemption "or other claims or rights" at the time the line of the road was definitely fixed and a plat thereof filed in the office of the Commissioner of the General Land Office. The general route of the railroad was fixed February 21, 1872, and its line of definite location on the 6th of July, 1882. After the company filed a map of general route, the Commissioner of the General Land Office, under the directions of the Secretary of the Interior, April 22, 1872, transmitted a diagram of that route to the register and receiver of the land office at Helena, Montana, with a letter of instructions directing the withdrawal from sale or location, preëmption or homestead entry, of all the surveyed and unsurveyed odd-numbered sections of public lands falling within the limits of forty miles as designated on that map. The lands in dispute are within the exterior lines of both the general and definite routes of the railroad. Prior to such definite location certain persons, qualified to purchase mineral lands under the laws the United States, entered upon the possession of these lands, and did "file upon "them "as mineral lands," applying for patents, and conforming in all respects to the provisions of Chapter 6 of the Revised Statutes of the United States, Title XXXII, relating to "Mineral Lands and Mining Resources." The company filed a protest against the perfection of any entry of the lands as mineral lands upon the ground that they were not mineral lands nor commercially valuable for any gold or other precious metals therein contained. At the time of the definite location of the Northern Pacific Railroad and of the filing of the plat and map thereof in the General Land Office, the applications for these lands as mineral lands were pending and undeter |