shipper to sue carrier for conversion.-Midland Linseed Co. V. American Liquid Fireproofing Co., Iowa, 166 N. W. 573.

16. Carriers of Passengers-Licensee.-One at railway passenger station in good faith, waiting for her son, time of his arrival on defendant's train not being fixed, was not mere licensee, and defendant owed her the duty of constructing and maintaining premises in reasonably safe condition.-Himstreet v. Chicago & N. W. Ry. Co., Wis., 166 N. W. 665.

17. Charities-Liability for Servant's Acts.A hospital chartered in Pennsylvania as a charitable corporation is not liable for negligent and unauthorized act of nurse in administering poison to patient, where there was no negligence on part of executive officers.-Paterlini v. Memorial Hospital Ass'n of Monongahela City, Pa., U. S. C. C. A., 247 Fed. 639.

18. Commerce-Interstate Employe.-A servant, employed to provide coal and water for locomotives and to aid in moving them about the yards while on their way from Ohio to Michigan or from Michigan to Ohio, held employed in interstate commerce.-Guy v. Cincinnati Northern R. Co., Mich., 166 N. W. 667.

19. Interstate Employe.-Plaintiff employe in bridge gang, injured while unloading defendant railway's bridge piling from car which had been switched from one to another of defendant's tracks within its yards, held not engaged in "interstate commerce" within federal Employers' Liability Act.-Southern Ry. Co. v. Maxwell, Miss., 77 So. 905.

20. Common Carriers-Gratuitous Service.A person inviting another to ride in his automobile gratuitously was not bound to convey her safely as a "common carrier."-Avery v. Thompson, Me., 103 Atl. 4.

21. Constitutional Law-Public Contracts.Laws 1916, c. 135, § 1. prohibiting board of public contracts from accepting bids for public printing by persons not bona fide residents of and actually engaged in the printing business within the state, does not violate Const. U. S. Amend. 14, relating to equal protection of laws.-DixonPaul Printing Co. v. Board of Public Contracts, Miss., 77 So. 908.

22. Suicide.-Rev. St. Mo. § 6945, declaring that, in all suits upon life policies issued by company doing business in state to citizen of state, it shall be no defense that insured committed suicide unless he contemplated suicide when he applied, held not invalid, as abridging privileges or immunities of citizens of United States, though restricted to Missouri citizens.Wheeler v. Business Men's Acc. Ass'n of America, U. S. D..C., 247 Fed. 677.

23. Contracts-Architects.-In action against architect for failure to properly inspect and condemn defective construction, the contract and architect's testimony as to what he did held to justify the denial of a non-suit, since it was defendant's duty, not only to inspect, but to reject improper materials.-Avent v. Proffitt, S. C., 95 S. E. 134.

24. Evidence.-Writing on back of photographs submitted for defendant's prize exhibition and acceptance and use thereof, in absence of evidence that defendants' attention was called to indorsements, held not to constitute a

contract to pay the valuation indorsed on the photographs in case of failure to return them.Aland v. Cluett, Peabody & Co., Pa., 103 Atl. 60. 25. Corporations-Conveyance.-Provision in Pub. Acts Mich. 1897, No. 230, § 14, that stock of corporation owning and conveying land should be personal property, held not to show that conveyance of land did not carry legal title to grantee. In re Berry, U. S. D. C., 247 Fed. 700.

26. Meetings for Elections.-Where articles of incorporation and by-laws authorized board of directors on first Tuesday in February of every second year to elect officers specified, directors who were empowered to change by-laws could postpone meeting for election of officers.-Barker v. National Life Ass'n, Iowa, 166 N. W. 597.

27. Receiver.-A court of equity may appoint receiver for private corporation discharging public functions to act as caretaker of its assets and allow corporation to gather its resources to discharge obligations and continue operation.-Scattergood V. American Pipe & Const. Co., U. S. D. C., 247 Fed. 712.

28. Sole Stockholder.-The mere fact that deceased was president and sole stockholder of an insolvent corporation, whose affairs had been not render his purchase of its assets as the turned over to the control of its creditors, did highest bidder at an auction sale, a fraud upon the creditors.-McMullin v. Westinghouse's Estate, Pa., 103 Atl. 57. 29. Damages Computation. In assessing damages on account of delay, held that, though no extension of time had been allowed by owner's engineers as provided for in contract, yet, as it appeared that such extension would have been granted, damages for contractors' delay must be computed on theory that contractor was entitled to extension.-Firestone Tire & Rubber Co. v. Riverside Bridge Co., U. S. C. C. A., 247 Fed. 625.

30. Deeds-Conditional Fee.-Deed to woman "and to the heirs of her body," to have and to hold during her life, at her death "to go equally to her children, should she leave any," and in case she died leaving no child or children, to go to her legal heirs, created conditional fee, and not life estate with remainder to her children.Branyan v. Tribble, S. C., 95 S. E. 137.

31. Estate in Land.-Written instrument assigning and dividing six separate tracts among maker's six children, and warranting their title against any claim by the father's representatives or heirs, held not a conveyance of any estate in land.-Dantzler v. Riley, S. C.. 95 S. E. 132.

32. Habendum Clause.-Deed granting lands to plaintiff as trustee, the habendum clause of which was to the trustee, his successors, or assigns, and granting other rights to the trustee and those for whom he holds title, "and his or their assigns," created a power in the trustee to sell Crawford v. El Paso Land Improvement Co., Tex., 201 S. W. 233.

33.-Intention.-Though words in deeds "on this condition," and in provision relating to forfeiture in case of failure to pay when demanded, are words ordinarily used to create a condition, breach of which will result in forfeiture, such will not be effect if contrary intention is manifested in deeds as whole.-Amory v. Trustees of Amherst College, Mass., 118 N. E. 933.

34. Divorce-Soliciting Return.-Where husband had repeatedly asked wife to go back and live with him, and her expressions and conduct indicated that further efforts to induce her to return would be unavailing, husband held excused from making further efforts.-McCauley v. McCauley, N. J., 103 Atl. 20.

to dismiss 35. Equity-Demurrer.-Motion decree appointing receiver rendered on bill praying appointment is essentially a demurrer, and court cannot go beyond facts pleaded.-Scattergood v. American Pipe & Const. Co., U. S. D. C., 247 Fed. 712.

36. Fraud.-One whose business enterprise is based upon deliberate fraud will not find a court of equity as strenuous to preserve all his rights as he might have, if his conduct and motives had been honest.-Peninsular Chemical Co. v. Levinson, U. S. C. C. A., 247 Fed. 658.

the old

39. Frauds, Statute of-Assumption of Debt. -Where partner buying interest of another agreed that new firm would assume firm's obligations and the other continuing partner signed the contract as a witness, this satisfied the statute of frauds, Civ. Code, § 1238, subd. 2. Jansen v. McNamara, S. D., 166 N. W. 630.

40. Gaming-Gaming Device.-Assortment of goods including punch board for distribution which purchaser of collar button worth five cents for ten cents was entitled to punch, and which entitled him to premium if number on slip punched corresponded with number placed opposite any premium, was a "gambling device" within statute.-Grove Mfg. Co. v. Jacobs, Me., 103 Atl. 14.

41. Highways-Proximate Cause. In action for injuries from collision between motorcycle and automobile, plaintiff cannot recover, when his willfulness contributed as proximate cause, to his own injury, even though defendant was willful.-Spillers v. Griffin, S. C., 95 S. E. 133.

42. Indictment and Information-Demurrer.Under the approved practice in the courts of the United States, questions which can as well and better be raised at the trial should not be raised by demurrer, especially in view of Rev. St. § 1025 (Comp. St. 1916, § 1691).-United States v. Werner, U. S. D. C., 247 Fed. 708.

43. Injunction-Contempt.-Where, at suit of waterworks company in federal court, municipality was temporarily restrained from supplying water to inhabitants, and it enacted ordinance vacating franchise of waterworks company and began suit in state court, held, that officials and attorneys participating in enact

45. Insurance--Insurable Interest.—A mortgagor who has sold the premises being still liable for mortgage debt has an insurable interest in the property.-Lumbermen's Nat. Bank of Menominee, Mich., v. Corrigan, Wis., 166 N. W. 650.

46. Place of Contract.-Insurance policy issued by Missouri company to resident of California and accepted by him in that state held California contract, so that reliance might be had under California laws on stipulation against liability in case of death by suicide, though such defense was not available under laws of Missouri.-Wheeler v. Business Men's Acc. Ass'n of America, U. S. D. C., 247 Fed. 677.

47. Relief Association.-Under constitution of firemen's relief association, fireman, who, while exercising horses, was thrown from wagon and had shoulder dislocated, resulting in permanent injury disqualifying him as fireman or to work at manual labor, for which alone he was competent, held entitled to benefits from association.-McClarence v. Providence Permanent Firemen's Relief Ass'n, R. I., 103 Atl. 1. 48. Landlord and Tenant-Abandonment.— Option to purchase contained in lease is not abrogated by parties making purchase agreement containing different terms of payment which they later abandoned by mutual consent, and continued to pay and receive rentals under the lease.-Thommen v. Smith, N. J., 103 Atl. 25.

49. Priority.-Wife of tenant's lodger held not in such privity with tenant that stipulation in lease as to repairs by tenant would apply to lodger's wife and preclude here recovery from landlord under Civ. Code La. art. 2322, for collapse of a gallery railing.-Hero v. Hankins, U. S. C. C. A., 247 Fed. 664.

50. Limitation of Actions-Federal Employers' Liability Act.-In action under federal Employers' Liability Act, where petition was filed and summons served within two years from injury, action was not barred, although more than two years had elapsed between injury and date of amendment of summons.-Martinson v. Chicago, B. & Q. R. Co., Neb., 166 N. W..624.

51. Marriage-Evidence.-In action for husband's death, where defendant alleged that plaintiff was not deceased's lawful wife, it was error to admit in evidence marriage of man of similar name and the divorce decree rendered after the alleged marriage of plaintiff and deceased, without evidence deceased was the defendant in divorce suit.-Allen v. McIntosh Lumber Co., Miss., 77 So. 909.

52. Master and Servant-Accidental InjuryWhere collector for brewery was intentionally shot and killed for purpose of robbing him of company money, there was "accidental injury,"

and

54.- -Defective Appliances. - Hammer cleaver being tools furnished by employer for use of its employes in its business, are a part of its "plant," within Code 1907, § 3910, subd. 1, making employer liable for injury to employe from defect in condition thereof.-Sloss-Sheffield Steel & Iron Co. v. Hopson, Ala., 77 So. 920.

55. Dependency.-Under Workmen's Com pensation Act, if award for death of servant is to be made to both parents, relative extent of dependency individually must be found, and award to them jointly is improper.-In Pagnoni, Mass., 118 N. E. 948.

re

56. -Dependency.-Where a girl had lived over 15 years with grandparents, continuously since a few days old, her parents, in separating, having given her to them by written agreement, she was entitled, as dependent on her grandfather, to be compensated under the Workmen's Compensation Act for his death. In re Yeople, N. Y., 169 N. Y. S. 584.

57. -Employers' Liability Act.-Employers' Liability Act of 1911 does not authorize a recovery for injuries sustained by servant without negligence of master or his agents, and such negligence still remains essence of liability.-J. Wooley Coal Co. v. Tevault, Ind., 118 N. E. 921. 58.-Friendly Aliens.-Aliens who are residents of friendly nations and who are dependents and otherwise within terms of Workmen's Compensation Act, are not barred from compensation. In re Derinza, Mass., 118 N. E. 942.

59.Hazardous Employment.-Collector for a brewery, killed in saloon away from plant, was within protection of Workmen's Compensation, § 3. subd. 4, as amended by Laws 1916, c. 622, as to hazardous employment.-Spang v. Broadway Brewing & Malting Co., N. Y., 169 N. Y. S. 574.

60. Permanent Loss.-Under the Employers' Liability Acts (Rev. St. 1913, § 3662, subd. 3), fixing the compensation for loss of a leg, and providing that permanent loss of use of leg shall be equivalent to loss of leg, compensation for permanent loss of use of leg, unaccompanied by other physical injury or loss of health, cannot exceed fixed amount.-Hull v. United States Fidelity & Guaranty Co. of Baltimore, Md., Neb., 166 N. W. 628.

61. Respondeat Superior.-Restaurant foreman employed to maintain order among waiters and employes and authorized to discharge an employe, is not necessarily authorized to inflict corporal punishment or personal violence, and master will not be liable therefor without evidence that he has directed or authorized it.— Allertz v. Hankins, Neb., 166 N. W. 608.

62. Volunteer.-Teamster in employ of cotton mills company, having no duties in company's ginhouse, was not entitled to recover from the company for injuries received there while, as a volunteer, he was assisting a fellow servant.-Melton v. Cohannet Mills, S. C., 95 S. E.

135.

63.Workmen's Compensation Act.-Wife who remained in Armenia while husband came to America and worked here continuously until death was not living with husband at his death within Workmen's Compensation Act, and was not conclusively presumed to be totally dependent, but dependency must be determined under part 2, § 7.-In re Mooradjian, Mass., 118 N. E. 951.

64. Mortgages-Multiplicity of Suits.-Upon mortgage foreclosure, where both mortgagor and his purchaser had taken out insurance on the property, intending losses to be payable to the mortgagee, and loss occurred, it was proper under the Code to interplead the insurance companies as defendants to avoid multiplicity of suits.-Lumbermen's Nat. Bank of Menominee, Mich., v. Corrigan, Wis., 166 N. W. 650.

65. Surrender Clause. Mortgage clause, that mortgagor should hold premises until de

fault in payment, did not imply agreement to surrender after default, which warranted appointment of receiver upon mortgagee's application, in absence of pledge of rents and profits. -Josey v. Smith, S. C., 95 S. E. 133.

66. Municipal Corporations—Evidence.-In action for injuries in automobile collision, where defendants alleged the car involved was not theirs, and that they were present in their office, and a witness said he was in their office and received a check at the time of the accident, the check was admissible.-Figueroa v. Madero, Tex., 201 S. W. 271.

a

67. Extension of Boundaries.-Where city, in ignorance of the fact that territory described was included within the boundaries of an incorporated town, extended its boundaries so as to include such territory and the incorporated town was later dissolved and thereafter the city again extended its boundaries, the city was not liable for the debts of the town.-Fabric Fire Hose Co. v. City of Vicksburg, Miss., 77 So. 911.

68. Unguarded Sidewalk. Where a lot owner constructed a sidewalk, leaving an unguarded hole to light his basement for 21 days, the city must be held to have notice of such defective condition.-Gellenbeck v. City of Mobridge, S. D., 166 N. W. 631. 69. Negligence-Dangerous Position. While person cannot justify his remaining in dangerous position to save property, yet he should not abandon property to injury on ground of selfpreservation, until it, appears that it is reasonably necessary avoid receiving injuries.Brien v. Detroit United Ry., U. S. D. C., 247 Fed. 693.

to

70. Gratuitous service.-Where steel company without charge and for accommodation of family and relatives of deceased employe had its engine and flat car, used exclusively in its business, carry remains, members of family, and relatives to and from cemetery, plaintiff, who without invitation or request, got on car and made return trip, held not entitled to recover for injuries sustained while getting off car.-Laxton v. Wisconsin Steel Co., Ky., 201 S. W. 15.

71. Invitee.-One inviting another to take a ride in his automobile held required to exercise the degree of care and caution which is reasonable and proper, and not to expose her to unnecessary peril.-Avery v. Thompson, Me., 103 Atl. 4.

72. Intervening Cause.-Where a paving company maintained an asphalt boiler, with a faucet for withdrawing the substance, and at some distance therefrom a sand pile, upon which children played, and an infant in going to the sand pile was burned when the faucet loosened and fell out, the falling out of the faucet was a proximate intervening cause unforeseen.-Sexton v. Noll Const. Co., Miss., 95 S. E. 129.

73. Res Ipsa Loquitur.-Where ice box lid fell on customer's hand in defendant's store, doctrine of res ipsa loquitur raised presumption of defendant's negligence.-Higgins V. GoerkeKirch Co., N. J., 103 Atl. 37.

74. Principal and Agent-Evidence.-That an alleged agent solicited freight and talked about claim adjustments is not proof of authority to receive notice of claims against railroad, in absence of proof of authorization.Midland Linseed Co. v. American Liquid Fireproofing Co., Iowa, 166 N. W. 573.

75. -Power of Attorney.-One having power of attorney from mortgagee giving right to act generally in settlement of all claims against named company and more particularly to payment of certain mortgage notes secured by mortgage on launch, although he could foreclose mortgage and take possession of launch, had no power, after having purchased launch at foreclosure sale, to sell it.-Larson v. Hodge, Wash., 171 Pac. 251.

76. Railroads — Contributory Negligence.— Where motor car which deceased was driving became stalled on defendant's track at a crossing, and his companion alighted to crank car, deceased cannot, though he remained in car for a short time after seeing defendant's interurban car approaching, be deemed guilty of contributory negligence because his choice proved un

wise.-Brien v. Detroit United Ry., U. S. D. C., 247 Fed. 693.

77. Crossing.-Railroad company held no more bound to keep tracks, crossings, and premises safe for infants than for adults, unless by course of conduct it establishes a status for children imposing greater care.-Louisville & N. R. Co. v. Steele, Ky., 201 S. W. 43. 78.-Crossing Accident.-In action for injury from collision of automobile and train at crossing, railroad's liability may rest on its negligence in allowing weeds and brush to grow on its right of way so as to obstruct vision of those in automobile approaching the crossing.-Burzio v. Joplin & P. Ry. Co., Kan., 171 Pac. 351.

79.- Guarding Crossing.-Where tracks of railroad within populous city have been used as a road for ordinary travel to extent that it is likely that there are persons upon track, duty arises to keep a lookout and guard against wantonly or willfully inflicting death or injury on any one, including trespasser.-Louisville & N. R. Co. v. Ganter, Ala., 77 So. 917.

80. -Look and Listen.-Where vehicle driver injured by locomotive at grade crossing, testified that he stopped and looked before attempting to cross the tracks, but did not affirmatively state that he listened, whether he did was for jury, and it was error to direct a nonsuit.-Waltosh v. Pennsylvania R. Co., Pa., 103 Atl. 55.

in

81. -Ordinary Care.-Where motorman charge of interurban car either sees or by reasonable care should see that traveler rightfully on crossing cannot or apparently will not remove himself therefrom in time to avoid being struck, and motorman fails to stop his car, although able by ordinary care so to do, and thereby injures traveler, motorman is guilty of negligence. -Brien v. Detroit United Ry., U. S. D. C., 247 Fed. 693.

82. Receivers Priority.-Holders of certificates issued by receiver of insolvent corporation to obtain funds to pay taxes, etc., to prevent forfeiture of leasehold in valuable realty, held not entitled to any priority over claims of lessors for rent subsequently accruing.-Ball v. Improved Property Holding Co. of New York, U. S. C. C. A., 247 Fed. 645.

83. Removal of Causes Separable Controversy. Where declaration in action in state court, in which resident and non-resident were joined as defendants, states cause of action, there is no separable controversy which nonresident can remove to federal court.-Baker v. Jacksonville Traction Co., U. S. D. C., 247 Fed..

718.

84. Sales Breach of Contract.-For breach by vendee, damages are measured by difference between agreed and market price at time of breach, with interest, at place of delivery, or if goods are to be specially manufactured, and have not yet been manufactured, difference between contract price and cost of production.-Jebeles & Colias Confectionery Co. v. Crandall-Pettee Co., Ala., 77 So. 932.

85.- -Future Shipment.-Buyer of grain for future shipment may refuse to recognize seller's cancellation of executory contract, wait until expiration of shipping period, and then purchase in open market and recover difference between contract price and market price paid at stipulated time and place of delivery.-Fahey v. Updike Elevator Co., Neb., 166 N. W. 622.

86. Street Railroads Contributory Negligence. Where plaintiff's truck driver, though ignorant of tracks on street which he approached at right angles, could have seen car before collision was imminent, and could have seen poles and wires, verdict was properly directed for railway. Beaver Valley Milling Co. V. Interurban Ry. Co., Iowa, 166 N. W. 565.

87. Contributory Negligence.-Driver of auto, struck by slowly moving street car, having deliberately turned to cross track, when he could for some time have seen car, was contributorily negligent.-Yetter v. Cedar Rapids & M. C. Ry. Co., Iowa, 166 N. W. 592.

Are Oil Mill v. Western Union Telegraph Co., Ark., 201 S. W. 273.

89. Rates.-Where a Pacific cable company with terminus in San Francisco had as its chief customers two telegraph companies, its requirement of one telegraph company that to its messages there be added the words "via San Francisco" and the date of acceptance, to be paid for at the regular toll rates, was unreasonable. -Western Union Telegraph Co. v. Commercial Pac. Cable Co., Cal., 171 Pac. 317.

90. Trusts-Laches.-The failure of a complainant to bring a suit to enforce a trust within the time limited by the state statute of limitations held to bar him of relief in a federal court of equity.-Benedict v. City of New York, U. S. C. C. A., 247 Fed. 758.

91. Perpetuities.-Where two deeds created valid trust for benefit of college, and trust for benefit of grantor and descendants named was invalid under rule against perpetuities, trust in favor of college will be supported, though trust for grantor and representatives fails.-Amory v. Trustees of Amherst College, Mass., 118 N. E. 933.

92. Vendor and Purchaser-Fraud.-Where lands were sold for orchard purposes under agreement that vendor would plant and cultivate them for five years, representations of vendor held, if false, to be fraud within Rev. Codes. 4978, defining actual fraud.-Como Orchard Land Co. v. Markham, Mont., 171 Pac. 274.

93. War-Trading with Enemy.-Act Oct. 6. 1917, defining, regulating, and punishing trading with enemy, must be construed in light of purposes, first, to prevent act resulting in detriment to United States in war, and, second, not to permit or compel act resulting in injury to individual alien enemy without benefit to United States.-Keppelman v. Keppelman, N. J., 103 Atl.

27.

of

94. Waters and Water Courses-Agency.That companies carrying water by canals from reservoir of irrigation company were agents of irrigation company and not of its customers was not established by fact that some officers irrigation company and carrying companies were the same, or that irrigation company occasionally allowed employe of carrying company to turn water into extension ditches.-Hood v. Burlington Ditch, Reservoir & Land Co., Colo., 171 Pac. 371.

95. Enforcing Rates.-Water company has right to enforce payment of water bill by shutting off water, but if bill is not just, it is liable for damages.-Birmingham Waterworks Co. v. Davis, Ala., 77 So. 927.

96.

Wills-Annulment.-In will reading, "To P. I leave all I die possessed of," erasure at place where word "die" was written held not important or cause for annulling the will, under Rev. Civ. Code, art. 1589.-Succession of Walker, La., 77 So. 889.

97.- -Children.-Granddaughter of testator, whose mother died before him and who was not named in a will, held not entitled to take under provisions that issue of children dying in his lifetime should take share which deceased child would have taken, etc.; provision referring to gifts to named children.-Holloway v. Collee, U. S. D. C., 247 Fed. 599.

98. Construction.-Under will providing that if devisees died while their children were under age their children should have rents and profits until they attained majority, and if they died before that time estate should revert, grandchildren held to take only rents and profits until they attained majority when their estates terminated.-Morgan v. Staton, Ky., 201 S. W.

304.

99. -Remainder.-In bequest to child for life with remainder to her "heirs," but, if she died without "heirs," remainder to go to testator's brothers and sisters, word "heirs" means children, and is a word of purchase and not of limitation.-Walden v. Smith, Ky., 201 S. W. 302. 100. Witnesses-Wife.-In prosecution for violation of Mann Act, where it was charged that accused feloniously induced his wife to go from one place to another in interstate commerce for purpose of prostitution, wife is competent witness.-Denning v. United States, U. S. C. C. A., 247 Fed. 463.

Central Law Journal.

ST. LOUIS, MO., May 24, 1918.

FRANCHISE GRANTED BY MUNICIPALITY TO A PUBLIC SERVICE COMPANY AS BEING CONTRACTUAL IN NATURE.

A recent decision by the Missouri Public Service Commission deals with the question of the power of that Commission to increase fares allowed to be charged by a street railway company of St. Louis beyond those specified in a franchise granted. by municipal ordinance, under the Missouri Constitution. St. Louis was empowered to require as a condition of its consent to the use of its streets, that a public service company should agree to charge rates specified by ordinance. By a majority of three to two the commission held that there was no surrender of the State's power of regulation by the Constitutional grant of power to the municipality. Re United States Railways Co., P. U. R. 1918, B.

815.

This question, in its last analysis, is governed by the Federal Constitution and by the clause particularly relating to the impairment of the obligation of contracts. In many cases by the Supreme Court it has been held, especially where there is question of the surrender of the State's right to regulate public service companies, that there is no conclusive right of contract that may not be impaired where ordinances of a city condition rights in the use of its streets by a public service company, unless the legislature or the state constitution clearly authorizes such as a contractual right. Collier on Public Service Companies, pages 178 to 181, 512, 601.

In a very recent case by U. S. Supreme Court it was said: "Assuming (what is not clear) that the provision in the franchise ordinances respecting the rates of fare and the transfer privilege is contrac

tual in form, still it is well settled that a municipality cannot, by a contract of thi, nature, foreclose the exercise of police power of the State, unless clearly authorized to do so by the supreme legislative power." Puget Sound Traction, L. & P. Co. v. Reynolds, 244 U. S. 574, 37 Sup. Ct. 705, 61 L. Ed. 1825, P. U. R. 1917, F. 57.

This class of holdings have all been made on a theory independent of any reservations in constitutions as to the right of alteration of charters to corporations, to exclude which it has been ruled there must be "such clear and unmistakable language, that it cannot be reasonably construed consistently with the reservation of the power of the State." Georgia R. & Bkg. Co. v. Smith, 128 U. S. 174; Sutton v. New Jersey, 244 U. S. 258. Collier on Public Service Companies, § 90.

In Puget Sound Traction case a city ordinance provided for a rate by a street railway not exceeding 5 cents with transfers and for commutation tickets at 4 cents. It also provided for reasonable rules and regulations, except that these must not be in "conflict with the laws of the State of Washington and the charter and ordinances of the city." There was no express condition stated regarding the railway charging fares. The opinion referred to the view of Washington Supreme Court that "contractual provisions in franchises conferred by municipal corporations without express legislative authority are subject to be set aside by the exercise of the sovereign power of the State," and it approved that view. The opinion also distinguished this ruling from the case of Detroit United R. Co. v. Michigan, 242 U. S. 238, "where the State legislature had expressly provided that the municipal corporation might make a binding agreement with a street railway re

specting the rates of fare."

Looking at the facts in this case it is to be observed that the court said that original village and township grants were contractual in their nature, and recipients of such grants and their successors were in