13
INDEX-DIGEST Paga Numbers in heavy-faced type refer to Lsswnc AnicLa.; In plain typo to Comncr±Tt; and In Italics to NomTi. ACCOUNTING Bankruptcy: Inadequate bookkeeping as a factor in business failure 1201-1222 Trust investments: Amortization of premiums and accumulation of dis- counts 156 ADMINISTRATIVE LAW Administrative interpretations of Se- curities Act of 1933 1076-1100 Federal Shipping Board's jurisdiction un- der Norris-La Guardia Act 367 Review by administrative bodies of re- organizations plans under Securities Act § 3(a),(10) 1050-1076 Right to notice and hearing before Fed- eral Communications Commission 934 ADMIRALTY Strike by seamen within harbor not mutiny 1186-1193 ADVERTISING Assignability of rights in a person's name for advertising purposes 520 AGENCY Evidence: Spoliation by agent 249-252 Notice to an agent: Effect of notice of theft to agent of purchaser of ne- gotiable bonds 539 Parent-Subsidiary: Claim of parent corporation in bankruptcy of sub- sidiary 1471 AND/OR Defense of use in legal terminology 918 ANTI-TRUST LAWS See Restraint of Trade ARBITRATION AND AWARD Agreement to arbitrate compared to stipulation to use courts of one state 1150 Commercial arbitration--enforcement of foreign awards 39-68 -enforcement in foreign countries of awards rendered elsewheve 44-68 --- enforcement of foreign awards In United States 56-63 -Geneva Convention of 1927 63-68 APPEAL AND ERROR See also Constitutional Law, Federal Courts, Procedure Federal criminal appeals 1223-1231 ASSIGNMENT Assignability of the corporate cause of action against directors for fraud 525 ASSIGNMENTS Assignability of rights in a person's name as property 520 Filing of assignments as interference with contractual relations 1512 ASSIGNMENTS FOR CREDITORS Rights of assignee: Recovery of fraud- ulent conveyances 509-510 ASSOCIATIONS Jurisdiction over unincoporated foreign associations 1108-1110 ATTORNEYS Contingent fee contract to procure leg- islation 731 BANKRUPTCY Accounting: Inadequate bookkeeping as a factor in business failure 1201-1222 Banks: Drawing against uncollected checks 1-38, 260-292 Dividends: Right of dilatory creditor to set aside dividend distribution 714 Municipal: State statutory 'eceivership of a city as violation of exclusive jurisdiction of Congress 704 Powers of court: To enjoin a striking union 372 To revise tax claims under § 64(a) 734

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INDEX-DIGESTPaga Numbers in heavy-faced type refer to Lsswnc AnicLa.; In plain typo to Comncr±Tt;

and In Italics to NomTi.

ACCOUNTINGBankruptcy: Inadequate bookkeeping

as a factor in business failure1201-1222

Trust investments: Amortization ofpremiums and accumulation of dis-counts 156

ADMINISTRATIVE LAWAdministrative interpretations of Se-

curities Act of 1933 1076-1100Federal Shipping Board's jurisdiction un-

der Norris-La Guardia Act 367Review by administrative bodies of re-

organizations plans under SecuritiesAct § 3(a),(10) 1050-1076

Right to notice and hearing before Fed-eral Communications Commission

934ADMIRALTY

Strike by seamen within harbor notmutiny 1186-1193

ADVERTISINGAssignability of rights in a person's

name for advertising purposes 520

AGENCYEvidence: Spoliation by agent 249-252Notice to an agent: Effect of notice of

theft to agent of purchaser of ne-gotiable bonds 539

Parent-Subsidiary: Claim of parentcorporation in bankruptcy of sub-sidiary 1471

AND/ORDefense of use in legal terminology 918

ANTI-TRUST LAWSSee Restraint of Trade

ARBITRATION AND AWARDAgreement to arbitrate compared to

stipulation to use courts of onestate 1150

Commercial arbitration--enforcement offoreign awards 39-68

-enforcement in foreign countries ofawards rendered elsewheve 44-68

---enforcement of foreign awards InUnited States 56-63

-Geneva Convention of 1927 63-68

APPEAL AND ERRORSee also Constitutional Law, Federal

Courts, ProcedureFederal criminal appeals 1223-1231

ASSIGNMENTAssignability of the corporate cause of

action against directors for fraud525

ASSIGNMENTSAssignability of rights in a person's name

as property 520Filing of assignments as interference

with contractual relations 1512

ASSIGNMENTS FOR CREDITORSRights of assignee: Recovery of fraud-

ulent conveyances 509-510

ASSOCIATIONSJurisdiction over unincoporated foreign

associations 1108-1110

ATTORNEYSContingent fee contract to procure leg-

islation 731

BANKRUPTCYAccounting: Inadequate bookkeeping as

a factor in business failure1201-1222

Banks: Drawing against uncollectedchecks 1-38, 260-292

Dividends: Right of dilatory creditorto set aside dividend distribution

714Municipal: State statutory 'eceivership

of a city as violation of exclusivejurisdiction of Congress 704

Powers of court: To enjoin a strikingunion 372

To revise tax claims under § 64(a) 734

INDEX-DIGE-ST

Pago Numbers in heavy.faced type refer to L=.wino Anmczxs; In pdan typ to Co a zm;and In ltaUcs to Norrs.

Property passing to trustee: Futuredisability benefits under an insur-ance policy 940

Provable-claims: Bank stockholder'sliability to assessment 375

Creditor secured by property trans-ferred by bankrupt to third party

531Landlord's claims for future rent un-

der § 77B 422.37Parent corporation's claim in bank-

ruptcy of subsidiary 1471

Reorganization: Approval of plan bycourt under 77B for exemption un-der Securities Act § 3(a) (10)

1050-1062Rights of secured creditors: When

secured by property transferred bybankrupt to third party 531

Rights of trustee: Fraudulent convey-ances recoverable under §§ 67(e)and 70(e)-amount and distribution

505-503

Set off: Bank's right to set-off depositsagainst bonds under § 77 1131

BANKS AND BANKING

Checks: Recovery by*drawer for viola-

tion of stop payment order 1134

Deposits: Bank's right to set off de-

posits against bonds 1131

Duty of depositor to check bank state-ments 1145

Liability of bank to depositor whenemployees of both conspire to divertfunds 1144

Insolvency: Provability in bankruptcyof bank stockholdcrs liability to as-sessment 375

Right of depositor of uncollected check

to preference or dividend in in-solvency of bank 1-38

-whether bank accepts "deposited"check conditionally or for collectionpurposes only 22-35

-- statistical survey determining timeof honoring in collecting checkswhen deposits drawn against

260-292-- statistical tables 287-288

Stockholders: Right of defraudedstockholder to reidad and share ascreditor at insolvency 94.2

Trust receipts: Protection affordedbanks under trust receipt acts

1272-36BILLS AND NOTES

Checks: Drawing against uncollectedchecks 1-38, 260-223

Recovery by drawer again-t bank forviolation of stop payment order

1134

Comparative law: Some aspects ofpayment by negotiable instrument

1373Notice of infirmity: Effect of notice of

theft to purchasers of negotiablebonds 539

BOIDSIn general: Whether holders of hybrid

securities are stockholders or bond-holders 907-917

Negotiability: Effect of notice of theftto purchaser of negotiable bonds

539Of bonds of Massachusetts trust 176

CARRIERSSee also Interstate Commerce.Insurance: Non-consensual suretysbip

in loss of goods cass e785Long-and-short-haul rates: Trucks,

water carriers, pipe lines and com-peting railroads 1426

Minimum rate power and the controlof carrier compstition 1403

CHATTEL IORTGAGESNotice to subsequent purchasers by re-

cordation of mortgage on molrtgages534

COMPARATIVE LAWSome aspects of payment by negotiable

instrument 1373

CONFLICT OF LAWSIn general: Full faith and credit to

statutes 339-351Extraterritorial application of German

Non-Aryan legislation 1463

YALE LAW JOURNAL

Page Numbers in heavy.faced typo refer to LArnNo AnmIcs; in plain typo to COMMZaNTS:and in italics to NoTis.

Arbitration and Award: Enforcementof foreign awards 39-68

Divorce: Remarriage of spouse aftervoid foreign consent decree asground for divorce 1292

Jurisdiction of courts: Progress in in-terstate adjustment of the place oftrial of civil actions

1100-1117; 1235-1248Trusts: of personalty:What law governs administration

438-451

CONSTITUTIONAL LAWNature and development of constitu-

tions: Judicial review of acts ofCongress and the need for consti-tutional reform 816-856

Commerce power: restrictions onstate's jurisdiction over a foreigncorporation 1114-1117

Guffey Coal Act as regulation of anindustry affecting interstate com-melce 305-310

Judicial review as super-legislation836-840

Public Utilities Act of 1935 as regula-tor of holding companies 485-490

Regulation of production by Congress751-756

Resale price maintenance under statestatutes as a burden 681-683

State excise tax on radio broadcastingstations as a burden 500-504

State tax on use of property purchasedin interstate commerce as com-plement to sales tax 708

State sovereignty as a limitation on fed-eral commerce power 1118

Congressional investigations: Powerof committee to issue subpoenaduces tecum 1503

Due process: As a limitation on non-discriminatory assessments for tax-ation 1306

As a restriction on jurisdiction overforeign, corporations 1111-1114

Chain store taxation 322-323Federal regulation of holding com-

panies by Public Utilities Act of1935 491-494

Minimum price fixing and collectivebargaining in Guffey Coal Act

311-312Minimum wages for women and minors

14.00

Resale price maintenance 674-681

Eminent domain: New York munici-pal housing 1519

Equal protection: Chain store taxa-tion 318-322

Classification in state taxation 926Exclusion of Negroes from state sup-

ported professional schools 1296

Executive power: millary:Use of military force in domestic dis-

turbances 879-895

Full faith and credit: To statutes339-391

Government Corporations: Place oftrial in civil actions against

1235-1237

Impairment of obligation: Statestatutory receivership of munici-pality as impairment of bond-holders rights 70-4

Interstate compacts: Validity underArt. I, § 10 of Constitution 324-332

Effect of Congressional consent327-328

Analogy to international treaty 329-332

Application in oil industry 332-338

Application to labor problems 338-339

Limitations on states: Federal com-merce power as a limitation onstate instrumentalities 1116

Postal power: To regulate holdingcompanies in Public Utilities Act of1935 490-491

Privileges or immunities: Act of statelegislature as the first violation ofthe 14th Amendment clause 926

Procedure: Indirect procedures for at-tacking constitutionality of regula-tory statutes 649-671

-instructions to trustees in reorgani-zation 652-665

-stockholders' suits 665-670

INDEX-DIGEST

Page Nunbers in heavy-faced type mfer to LrAmWc Annaxs; In plan type to COnuzzrs;and in italics to Non-.

Limitation of case concept on indirectsuits 649-671

Searches and seizures: Examination ofbooks for tax purposes after ex-piration of statute of limitations

1523

Spending power: Decisions prior to1936 772-778

Separation of taxing and spending actsto come within Frothinglhan v.

Mellon 991-993Methods of attacking 994-996Madison's and Hamilton's views

998-1009-application in AAA case 10091017

Separation and delegation of powers:Judicial review as an unnecessary

restraint on 829-836Delegation of legislative powers to

SEC in Public Utilities Act of 1935494-495

Taxation: federal: Regulations by tax-ation in Guffey Coal Act 303-305

Regulation of production by Congress-validity of revenue motive as test

of recent "tax" regulations 756-766-tax invalid because earmarked for

illegal purpose 766-772Separation of tax bill from spending bill

to avoid attack on spending power991-998

Taxation: state: Chain store taxesgraduated according to volume ofbusiness 314-324

Equal protection and privileges or im-munities clauses of 14th Amend-ment as check on classifications instate taxations 926

Inclusion of intangibles in estate taxon non-residents 930

On Indians' royalties from lease oftax-exempt resotfrces 726

On use of property purchased in in-terstate commerce as complement tosales tax 708

Trial by jury: Judgment contrary toverdict of jury as non-violative ofSeventh Amendment 166

The union of law and equity undernew federal procedure 1022-1049

CONTEMIPTFreedom of press to publish reports of

current judicial proceedings 360Privilege of newspaperman to ithhold

sources of information from thecourt 357

CONTRACTSIn general: Damages in a suit for re-

scission 1313Illegal contracts: Contingent fee con-

tract to procure legislation 731Membership in a union as a status or

a contractStipulation giving exdusive jurizdic-

tion to courts of one state 1150Impossibility of performance: Force

majeure as an excuse in French law452A67

Inducing Breach: Filing of wage as-signment as interference with con-tractual relations 1512

Right of third party to enjoin laboragreement interfeing with his con-tract 1310

International contracts: Validity ofgold clauses 723

CONTRIBUTIONBetween various parties in surety.hip

relation 6910-

CORPORATIONSSee also Securiies Act.Bonds: Measure of damages for

fraudulent misrepresentation in thesale of bonds 1139

Disregard of corporate entity: Actionsagainst foreign parent corporationsthrough service on domestic sub-sidiary 1237-S

Claim of parent corporation in bank-ruptcy or subsidiary 1471

Liability of subsidiary for debts ofparent corporation 717

Dissolution: Disposition of unclaimeddistributive shares 720

Fraud of promoters or directors:Compensation of stockholders and

creditors for injuries 511-515Assignability of corporate cause of

action against directors for fraud

525

YALE LAW JOURNAL

Page Numnbers in heavy-faced typo refer to Le wN Anictw.e; In plain typo to COuziNmtgand in italica to Noian.

Misrepresentation in sale of bonds1138

Holding companies: Federal regula-tion by Public Utilities Act of 1935

468-495Hybrid securities: Whether holders are

stockholders or bondholders 907-917Income taxation: On rent paid by les-

see to lessor's stockholders 181Stock dividends as taxable income

1122Merger and consolidation: By statute

105-134-rights and remedies of dissenting

stockholders 114-122-rights and remedies of creditors

122-127-- corporations of two states 127-130-- survival of rights and privileges

130-133Nature: citizenship and domicil:Jurisdiction over foreign corporations

1110-1117Reorganization: Bank's right to set off

deposits against bonds under § 77of Bankruptcy Act 1131

Corporate reorganization to avoid pay-ment of income tax 134-142

Exemption of securities under § 3(a)(10) of Securities Act 1050-1076

Intervention in federal reorganizationproceedings 595-607

Landlord's claims under § 77B of theBankrupt Act 422-437

Power of federal court to raise bidprice in foreclosure without order-ing resale 377

Stock: Situs of shares under UniformStock Transfer Act 379

Subsidiaries: Incorporation of a salesdepartment as a device to securecreditors 717

COUNTERCLAIMSee Set Off and Counterclaim

CRIMINAL LAWExtradition: Successive applications

fo)r habeas corpus in state and fed-eal courts in interstate rendition

543Uncorroborated evidence of accomplice

at extradition hearing 1324

Federal Courts: Development of ap-peals 1223-1234

Prisons: State reimbursement- for priso-ners' maintenance 1301

CUSTOMSExclusion of products of patented pro-

cess 169DAMAGES

Avoidance of statute nullifying liqui-dated damages provisions in rentdefault clauses 537

In a suit for rescission 1513Measure for fraudulent misrepresenta-

tion in sale of bonds 1138Proposed amendments to Securities Act

changing measure of damages199-225

DECLARATORY JUDGMENTSIn general: To bar actions in other

States 1242Patent cases: Federal jurisdiction

1287Settling threatened claim of infringe-

ment 160DIVORCE

Remarriage of spouse after void foreignconsent decree as ground for divorce

1292

DOMICILDomicil of creator, trustee and bene-

ficia)y as determining law govern-ing trusts 438-451

ECONOMICSPerfect and monopolistic competition In

trade association field 1340-1351ELECTION OF REMEDIES

Employee's election of suit againstmaster or third party tort feasot

937Unsatisfied judgment against servant as

bar to action against master 920EMINENT DOMAIN

Constitutionality of New York con-demnation for low-cost housing

1519

EMPLOYER AND EMPLOYEEFiling of wage assignment as interfer-

ence with contractual relations 1512Minimum wage legislation-determining

a "living wage" 1490

INDEX-DIGEST

Page Numbers in heavy-faced type refer to Lr rmc Armarxs; In pLnln type to ozand in Lulks to Norm.

EQUITYFederal Interpleader Act of 1936

963-990, 1161-1180Setting aside corporate merger or con-

solidation 114-122ESCHEAT

Claim of state to unclaimed distribu-tive shares of a dissolved corpora-tion 720

ESTATESIn general: Testatrix's devise of hus-

band's property under the NewYork Decedent Estate Law 1147

For life: Estate taxation of propertysubject to a general testamentarypower of appointment 172

Rule in Shelley's Case: Applicationwhere there are alternative contin-gent remainders 352

ESTOPPELOf taxpayer by misrepresentation of law

173EVIDENCE

In general: Uncorroborated evidence ofaccomplice at preliminary hearing

1324Admissions: Implied from spoliation

or related conduct 226-259-intention contrasted with negligence

231-235-as general substantive evidence

235-243-for purposes of limited confirma-

tion 243-247-for impeachment only 247-249-affirmative conclusion drawn from

negative evidence 252-257Federal Courts: Evidence and the new

federal rules of civil procedute-summary of present evidence rules

622-648Privilege: Privilege of nq\vspapermen

to withhold sources of informationfrom the court 357

EXECUTORS ANqD AD)IINISTRA-TORSRight to recovery of fraudulent con-

veyances 610-511FXTRADITION

See Criminl Law

FEDERAL COLIIUNICATIONSCOMMISSIONSee Admitfdtrative Law

FEDERAL COURTSCriminal Appeals: Statutes, develop-

ments, methods and defects1223.12Z0

-new Supreme Court Rules 1230-123dEvidence: Evidence and the new fed-

eral rules of procedure-- summary of present rules of evi-

dence 622-6_8Jurisdiction: Collateral attack for fail-

ure to allege cause of action instate court 1499

Non-patentee's request for declaratoryjudgment as federal question 12S7

joinder of federal and non-federalactions in diversity of citizenAipand federal question suits 397-410

-jurisdictional amount 409, 41&,17-venue 09, 411-countcdaims on non-federal ac-

tion 410-417-third parties and cross claims

d17-21Powers: To raise bid in foreclosure

without ordering resae 377

Procedure: Basis for interventionG6-595

-in reorganization and receiver hip595-C07

Interpleader Act of 1936-histoy and explanation 90-- uses in insurance, inheritance taxa-

tion and garnishment 1161-.130Joinder of federal and non-federal

actions 393421judgments contrary to verdict of jury

163

Service of process: Nation wide serviceby district court under InterpleaderAct of 1936 1178

Supreme Court: Scope of rule maltingpower 6U1-644

Trial by jury: Union of law andequity in new procedure 1022-1019

-patterned after state codes1025-1043

-waiver of jury trial 10440

YALE LAW JOURNAL

Pago Numbers in heavy-faced type refer to LairNm Antc. s; in plain typo to Comruraioand in italics to Noms.

FEDERAL SHIPPING BOARDSee Administrative Law

FRAUDCorporations: Assignability of corpo-

tate cause of action against direc-tors for fraud 525

Measure of damages for fraudulentmisrepresentation in sale of bonds

1138Rights of corporation and stockholders

against promotors for fraud 511-515

FRAUDULENT CONVEYANCESSuits by frustees in bankruptcy, re-

ceivers, assignees and executors504-511

FRENCH LAWForce Majeure: Impossibility of per-

formance as an excuse 452-467Some aspects of payment by negotiable

instrument: a comparative study1373

FUTURE INTERESTSSee Fstates

GARNISHMENTExtension of garnishment jurisdiction by

full faith and credit 123840Foreign garnishment by federal bill of

interpleader 1176-1180

GERMAN LAWAspects of payment by negotiable in-

strument: a compa~rative study1373

Extraterritorial application of Non-Aryan legislation 1463

Private law in Third Reich 779-815-- sources 779-787-changes by Nazis 787-795-disregard for rule of law 801-815

Suability of a government owned cor-potation 1464-1467

GOLD CLAUSEValidity in international contracts 723

GOVERNMENTCommerce, production and the fiscalpowers of Congress

751-758, 991-1021

Interstate compact as solution to fed-eral problem 324-338

Judicial review and the need for con-stitutional reform 816856

National Socialist doctrines in Germany779-815

United States as a neutral 608-621

HABEAS CORPUSAs a means of federal criminal appeal

1227Successive application for habeas cor-

pus in state and federal courts ininterstate rendition 543

HOLDING COMPANIESFederal regulation by Public Utilities

Act of 1935 468-495

HOUSINGConstitutionality of New York munici.

pal housing 1519

HUSBAND AND WIFESee also DivorceRight of wife against husband's partner

for tort of husband in partnershipbusiness 528

Testatrix's devise of husband's propertyunder the New York Decedent Es-tate Law 1147

ILLEGAL CONTRACTSSee Contracts

INCOME TAXESSee Taxation

INDEMNITYContribution between indemnitors of co.

tortfeasors 151INDIANS

State taxation of Indians' royalties fromlease of tax-exempt resources 726

INHERITANCE TAXESSee Taxation

INJUNCTIONSActs restrained: Against labor agree-

ment which interferes with third'party's contract 1310

Bankruptcy court enjoining union not-withstanding Norris-LaGuardla Act

372

INDEX-DIGEST

Pago Numbers in heavy-faced typo refer to LrAnmc Armczm*s in plain type to Conu'nors;nd in Italics to NoTrs.

Corporate merger or consolidation wherefraud is shown 114-122

Enjoining defendant from suing in an-other state 1240-2

Power of state court to enjoin dis-crimination by water carriers andtheir employees against anti-unionshippers 367

INSURANCESee also SuretyshipDistribution of benefits: Among judg-

ment creditors by federal inter-pleader 1161-1167

Right of trustee in bankruptcy to futuredisability benefits under an insur-ance policy 940

Rights of insurer: Contribution be-tween indemnitors of co-tortfeasors

151Taxation: Avoidance of estate tax by

insurance policies 1140Federal tax distraint on life insur-

ance 945

INTERNATIONAL LAWArbitration and Award: Enforcement

of foreign awards 39-68-Geneva Convention of 1927 63-68

Extraterritoriality: Application of Ger-man Non-Aryan legislation abroad

1467-1471Neutrality: United States as a neutral

608-613-Acts of 1935 and 1936 614-621-sanctions unlawful 613-617

INTERSTATE COMMERCEIn general: Right of interstate carrier

to collect undercharges 142-150-from consignee 143-145-from shipper 145-147-on reconsignment 147-149

State sovereignty as a limitation uponthe federal commerce power 1118

Interstate Commerce Commission:Long-and-short-haul problem -truck pipe line, water carrier andother railroads as competitors 1426

-minimum rate power and control ofcarrier competition 1406

-long-and-short-haul 1426

Power under § 3(1) of Interstate Com-merce Act to remove unjust dis-criminations

-necessity of control of both prefer-ential and discriminatory rates byone road 692

INTERSTATE COIPACTSSee Constifulioral Law

INTERPLEADERFederal Interpleader Act of 1936

-history and explanation 9623-90-- uses in insurance, inheritance, taxa-

tion and garnishment 1161-190

INTERVENTIONFederal Courts: The right to intervene

and reorganization 66-907

JUDGMENTSJudgments contrary to verdict of jury

in federal courts 166Unsatisfied judgment against servant as

bar to action against master 920

JURISDICTIONIn general: Situs of -hares of stock un-

der Uniform Stock Transfer Act 379Progress in interstate adjustment of the

place of trial of civil actions1110, 1235

Validity of contractual stipulation givingexclusive jurisdiction to courts ofone state 1150

Federal Courts: Joinder of federal andnon-federal causes of action 393421

JURISPRUDENCELaw in the Third Reich 779816The case concept and indirect p~occ-

dures for attacking constitutionalityof federal statutes 649

JURYIn general: Newspaper accounts as af-

fecting prospective jurors 360Right to trial by jury: federal: Judg-

ments contrary to verdict of jury166

Under new rules of procedure--analy-sis of state codes 1022-10-19

LABOR LAWLegislation: Interstate compacts in la-

bor legislation 338-339

YALE LAW JOURNAL

Pago Numbers in heavy-faced type refer to Lruwmc Armncim; In plain typo to Comr.NT91and in italics to Nones.

Wages, hours and collective bargain-ing under Guffey Coal Act 308-312

Strikes: By seamen within harbor-not mutiny 1186-1193-as effecting forfeiture of wages

1194-1199Unions: Power of bankruptcy court to

enjoin a striking union notwith-standing the Norris-LaGuardia Act

372Status concept in union membership

disputes 1494Use of military force in breaking

strikes 879-895Disputes within trade unions 1248-71

-appeal of internal disputes to gov-ernmental courts 1259-69

Federal injunction to protect em-ployer's union agreement against in-terfeence by rival union 1320

Power of state court to enjoin dis-crimination by water carriers andtheir employees against anti-unionshippers 367

Right of third party to enjoin laboragreement interfe-ing with his con-tract 1310

LANDLORD AND TENANTLandlord's claims under § 77B of

Bankruptcy Act 422-437Priority of landlord's lien over chattel

mortgage 523Subtenant's duty to pay rent after sur-

render of main lease 1317

LEASESSee also Landlord and TenantSecuring lessor -against rental defaults

on long term leases 537

LEGISLATION

In general: Bituminous Coal Conserva-tion Act of 1935 300

Proposed amendments to Securities Act199-225

Neutrality Acts of 1935 and 1936608-621

Prison Reimbursement Act -(Mich.) 1301Lobbying: Contingent fee contract to

procure legislation 731

LIENSPriority of landlord's lien over chat-

tel mortgage 523

LIMITATIONS OF ACTIONS.Estoppel of taxpayer by misrepresenta-

tions of law 178Examination of books for tax purposes

after expiration of statute of limi-tations 1523

MANDAMUSActs subject to mandamus: Enforce-

ment of federal judgments on de-faulted municipal securities 70Z

MARITIME LAWSee Admiralty

'MASTER-SERVANTElection of remedies: Unsatisfied Judg-

mnent against servant as bar to ac-tion against master 920

MARTIAL LAWStatus of military force called forth In

domestic disturbances 879-power to arrest, imprison or kill

884-892-liability of goveynor, officers and

men for injuries caused 892-895

MINES AND MINERALSSee also Oil and GasEconomic conditions in the

coal industrybituminous

293-300

MONOPOLIESSee Restraint of Trade

MORTGAGESIn general: Non-consensual suretyship

between insurers, mortgagees andmortgagors 99-101

Priority of landlord's lien over chat-tel mortgage 523

Rights of mortgagee against subsqe-quent purchaser of a recorded chat-tel mortgage or chattel mortgages

531Foreclosure: amount deducted from

bankruptcy claim after foreclosureon security held by third party 531

Power of federal court to raise bid

INDEX-DIGEST

Page Nnmbqgr in heavy-faced type refer to Lnamr Anuexes; In &an typo to Co" u-tn;and in Italcs to NoTnM

Participation mortgages: as a methodof trust investment by corporatefiduciaries 857-879

IMUNICIPAL CORPORATIONSComity by federal courts to state statu-

tory receiverships of defaultingmunicipalities 702

NATIONAL INDUSTRIAL RECOV-ERY ACTEffects of Bituminous Coal Code 300

NEGROESExclusion from state supported profes-

sional schools 1296

NEUTRALITY

United States as a neutral 608-621

NEWSPAPERSFreedom of press to publish reports of

current judicial proceedings 360Privilege of newspapermen to withhold

sources of information from thecourt 357

OIL AND GASNature of perpetual oil "royalty" 363Pipe lines v. railroads in long-and-short-

haul rate problem 1440-1442Regulations of oil industry by inter-

state compact 332-338

PARTNERSHIPLimited partnership: Restrictions on

use prior to Uniform Act 895-S99Participation in business through limited

partnership under Uniform Act-"control" in § 7 899-907

Torts: Wife's action against husband'spartner for tort of husband in part-nership business 523

PATENTSInfringement: Declaratory judgment

settling impending claim of infringe-ment 160

Exclusion of foreign products ofpatented process 169

Manufacturer's right to intervene insuit against dealer 585-586

Non-patentees request for declaratoryjudgment as grounds for federaljurisdiction 1287

PERSONALTYRights in a person's name as property

-assignability 520

POWERSRelease of powers of appointment in

New York 516

PRISONSState reimbursement for prisoners' main-

tenance 1301

PRIVACY, RIGHT OFWaiver by use of name for advertis--

ing purposes 520

PROCEDURESee also Federal CourtsConstitutional Law: Indirect proce-

dure for attacking constitutionalityof regulatory statutes 649

PUBLIC UTILITIESSee also Interstate CommerceHolding Companies: Abuses

sitating regulationPossibility of state regulationPublic Utilities Act of 1935

-constitutionality under incommerce power

-postal power-due process-delegation of power.

neces-46S-473478-431432-454ters.tate485-49D0490-491491-494494-495

RADIOOld station's right to hearing before

F. C. C. prior to licensing of newstation 934

State taxation of radio broadcasting sta-tions 495

RAILROADSSee Interstate Commerce

REAL PROPERTYIn general: Subtenant's duty to pay

rent after surrender of the mainlease 1317

Successive deeds to same property be-tween same parties 1509

Rights incident to ownership ofland: Nature of perpetual oil"royalty" 363

Rule in Shelley's Case: applicationwhere there are alternative contin-gent remainders 352

RECEIVERSSee also BankruptcyFraudulent conveyances recoverable by

*receiver S03-409

xx YALE LAT

Page Numbers in heavy-faced typo refer toand in ira

Intervention in federal receiverships bythird parties 595-607

Liability of subsidiary sales corporationfor parent's debts 717

RECEIVERSBanks: Right of defrauded stockholder

to rescind and share as creditor atinsolvency 942

Municipal: Comity by federal courts tostate statutory receiverships of de-faulting municipalities 702

RECORDING AND REGISTRYLAWSPriority of landlord's lien over chattel

mortgage determined by date of re-cordation 523

Recordation of chattel mortgage onchattel mortgages as notice 534

RELEASERelease of power to appoint trust prin-

cipal 516RESTRAINT OF TRADE

See also Unfair CompetitionClayton Act: Illegal stock acquisitions

under § 7 355Trade associations: In the light of the

Sugar Institute case 1339-1373-perfect and monopolistic competi-

tion 1340-1351-previous cases 1351-1358-price fixing, freight rates, consign-

ment points, discounts, etc.1358-1373

RULE IN SHELLEY'S CASEApplication when there are alternative

contingent remainders 352SALES

Financing of sales under Uniform TrustReceipts Act-A Connecticut modi-fication 1272

Resale price maintenance 672Right of a rescinding buyer to damages

under the Sales Act 1313

SCHOOLSExclusion of Negroes from state sup-

ported professional schools 1296

SEARCHES AND SEIZURESExamination of books foI tax purposes

after expiration of statute of limi-tations 15Z3

V JOURNAL

LEAwo Anricas; In plain typo to Couumwmr;lies to No=r.,

SECURITIES ACTA. B. A.'s proposed amendments 199.226

-"true" underwriter 203.205-"public offering" 205.208-exemptions in exchanges 208-214-untrue statements 214.222

Administrative interpretations of terms-security, sale, issuer, prospectus,

underwriter 1079-1085-exemptions under § 3(a)(1), (3),

(C), (8), (9), (10), (11); § 4(1),(2) 1089-1094

-stop orders under § 8(a), (d)1094-1099

-civil liabilities under § 11 1099§ 3(a) (10) as a source of exemption

for securities issued in reorganiza-tions 1050-1076

-requirements for exemption1050-1054

-app,'oval of plan by court 1054-1068-approval of plan by administrative

body 1068-1074

SET OFF AND COUNTERCLAIM

Bank's right to set off deposits againstbonds under § 77 of BankruptcyAct 1131

Counterclaim on non-federal grounds Infederal court 410417

Federal jurisdiction in cases involvingcounterclaims 1479

SOVEREIGNState sovereignty as a limitation on the

federal commerce power Ills

SPENDTHRIFT TRUSTSSee Trusts

STATESState sovereignty as a limitation on the

federal comme'rce power 111

STATUTE OF LIMITATIONSSee Limitations of Actions

STATUTESFull faith and credit to statutes 339,

STOCKSee Corporations

STRIKESSee Labor Law

INDEX-DIGEST

Page Numbers in heavy-faced type refer to Lreneo A=-- ; In plant type to Comnrrs;=nd in italics to o=' .

SUBPOENAPower of Congressional investigating

Committee to issue subpoena ducestecum 1503

SUBROGATIONSee also InsuranceBetween various parties in suretyship

relations 68-104Employer's right of subrogation to non-

maritime employee's right againstmaritime tortfeasor 1128

SURETYSHIPSee also InsuranceNon-consensual suretyship: Who must

consent to !isk 69-75Relations where neither principal nor

surety consents to risk-insurer and tortfeasor-- two tortfeasors-indemnitor of tortfeasor

tortfeasor-contributions-insurer and mortgagee

TAXATION

75-10477-8585-91

and co-91-9696-99

99-104

Assessment: Fourteenth Amendment asa restriction on non-discriminatoryvaluations 1306

Power of bankruptcy court to revisetax claims 734

Collection: Estoppel of taxpayer bymisrepresentation of law 178

Federal tax distraint on life insurance945

Double taxation: Federal interpleaderto prevent taxation by two states

1169-1176Estate taxes: federal: On property

subject to general testamentarypower of appointment 172

On inter vivos trusts revocable bysettlor and another person 684-692

Estate taxes: state: Deduction of un-collectable claims from estate incomputing tax 1140

Inclusion of intangibles in computingrate for non-residents 926

On non-residents decedents 930Income taxes: federal: accrual as in-

come of contingent claims on March1, 1913 948

Corporate reorganization to avoid pay-ment-requisite transfers 134-142

Examination of books after expirationof statute of limitations 1523

On rent paid by lessee to lessor's stock-holders 181

Taxability of stock dividends as in-come 1122

Income taxes: states: On Indians'royalties from lease of tax-exempttribal resources 726

Inheritance Taxes: state: Federal in-terpleader to prevent taxation bytwo states 1169-1176

Old age tax: As a tax for a publicpurpose 729

Power to tax: state:Classification under equal protection

and privileges or immunities clause-of Fourteenth Amendment 926

Constitutional effect of joining taxand appropriation measures in

sa me act 729Excise tax on radio station as con-

flicting with federal commecepower 50-504

Property tax on radio station's in-tangibles at situs of tangibles

49S-900Recent chain store taxes based on vol-

ume of business 314-324Tax on use of property purchased in

interstate commerce as complementto sales tax 703

TORTSSee also Workmcs Compensation Acts

Election of remedies: Unsatisfiedjudgment against servant as bar toactions against master 920

Non-consensual suretyship: Betweeninsurer, tortfeasor and co-tortfeasor

76-99

Partnership: Wife's action against hus-band's partner for tort of husbandin partnership business 528

TRADE MARXSAssignability of rights in a prson's

name as property 520

YALE LAW JOURNAL

Page Numbers in heavy-faced type refer to Le~ixr Ar c .s; In plain typo to CommricTand in Italics to Noxre.

TRADE UNIONSDisputes within trade unions 1248

-appeal of internal disputes to gov-ernmental courts 1259-69

Protection of employer's union agree-ment against interference by rivalunion 1320

Status concept in membership disputes1494

TRUST RECEIPTSA Connecticut modification of the Uni-

form Trust Receipts Act 1272

TRUSTSConflict of Laws: Factors determining

what law is to govern trusts of per-sonalty 438-451

Division of benefits: Amortization ofpremiums and accumulation of dis-counts-by beneficiary for life ofremainderman 156

Investment of funds: Participationmortgages as a method of trust in-vestment by corporate fiduciaries

857-879-- creation and operation 859-866-duties of corporate trustee 866-870-earmarking, segregation of funds

and inter-departmental transfers870-874

-legislation 874-879Massachusetts business trust: Nego-

tiability of bonds 176Power of appointment: Release of

powers of appointment in NewYork 516

Validity: Nullification of spendthrifttrust by allowing creditors toseize income 164

Private trusts for indefinite benefi-ciaries-Bishop of Durham doctrine

1515UNFAIR COMPETITION

Patent infringement: Exclusion offoreign products of patented processunder Tariff Act 169

Federal jursidiction over unfair com-petition in patent case 1287

Property right in use of person's namefor advertising 520

Resale price maintenance: State stat-utes validating maintenance by con.tract 672-674

Constitutionality of statutes enforcingmaintenance against non-contract-ing distributors 674-681

Valid state contracts as buydenq oninterstate commerce 681-683

Economic desirability 683-684

UNIONSSee Trade Unions

VENUESee also Federal CouertsProgress in interstate adjustment of

place of trial of civil actions1100, 1235

WARUnited States as a neutral 608-621

WILLSPlace of probate as determining law

governing testamentary trust 445Private trust for indefinite beneficlaties

1515Release of testamentary power to ap-

point trust principal 516Testatrix's devise of husband's property

under the New York DecedentEstate Law 1147

WORDS AND PHRASESA defense of the use of "and/or" 918

WORKMEN'S COMPENSATIONIn general: Effect of Jensen Vule on

right of nonmaritime worker In-jured on navigable waters 1126

Full faith and credit to compensationacts 346-348

Third parties: Employer's right ofsubrogation to employee's rightagainst maritime tortfeasor 1128

Liability for compensation when em-ployee dismisses his action againstthird party 937