Volume 11 — Puerto Rico Federal Reports

Statement of Naots. Tbe facts necessary for tbe determination of tbe case are substantially tbe same as those set out on tbe preliminary bearings, and wbat bas been stated therefore in connection with previous opinions and in tbe present opinion is sufficient for-the purposes of this case without more.

<p>JURISDICTION AND FEDERAL QUESTION.</p> <p>Jurisdictional Amount — Continuing Trespass.</p> <p>1. In cases of taxes running over an indefinite period, it is not necessary for Federal jurisdiction that the. amount for one year exceed $3,000, hut this does not apply to an injunction sought-against small jitney operators.</p> <p>Citizenship — Violation of Pederal Law.</p> <p>2. Difference of citizenship is important only in regard to rights arising under local law. A nonresident has the right to bring in the Federal court a suit against a resident regardless of subject-matter.</p> <p>Federal Questions — Franchise.</p> <p>3.’ The violation of the Organic Act for Porto Rico is not a violation of local legislation of Congress, such as in the District of Columbia, but of an act of Congress. This is settled law in this court.</p> <p>Constitution — Violations.</p> <p>4. A case may be said to arise under the Constitution or laws of the. United States whenever its correct decision depends upon the construction oí either. To determine what is a public franchise within the scope of the Jones Act involves construction of that act of Congress.</p>

<p>MUNICIPAL HIGHWAY.</p> <p>Highway — Public Right to Maintain.</p> <p>3. The public in Porto Rico has the right to open and maintain highways, and this is regulated in part by municipal ordinances.</p> <p>Highway- — Acquisition by Public.</p> <p>2. While the right of the public is unquestioned, the Constitution of the United States, carried forward into the Jones Act, forbids the taking or damaging of private property for public, purposes without compensation.</p> <p>Note. — Authorities discussing the question of tailing or damaging private property for public highway 'without compensation are collated in a note in 22 L.R.A.(N.S.) 99.</p> <p>Statute of Limitations — Laches in Equity.</p> <p>3. Courts of equity are not within the words, but are within the spirit, of the Statute of Limitations, and laches also applies. This is the doctrine, that one cannot invoke rights which, after his unreasonable delay, another has assumed. It is connected with the doctrine of estoppel. The public can claim this principle.</p>

<p>Damages fob Seduction.</p> <p>Tort — Criminal Code.</p> <p>■ , Under tbe Spanish system damages were recovered in a criminal prosecution. Quajre — as to the effect upon the general provisions for damages for tort or regulations of t"he substitution of criminal proceedings under the American rule which does not provide for recovery of damages in criminal cases. Libel and seduction, however, have been provided for by legislation.</p>

<p>Motiok" to Remand.</p> <p>Separable Controversy — Sublease to Two Tenants.</p> <p>1. When an original tenant subdivides his whole and transfers the parts to different persons, one of these has a separable interest which does not involve the other.</p> <p>Jurisdiction — Value.</p> <p>2. Property is valuable for the use it is put to, and not for the amount of money originally paid for it. The question is the present value, not the, price.</p> <p>Federal Jurisdiction — Submission to Local Court.</p> <p>3. If by contract parties agree to submit themselves to the jurisdiction,, of the insular courts, this "wiH be broadened to include all courts hdving jurisdiction in that locality, including Federal court. Federal courts are coextensive with Federal laws and Federal rights, and no local authorities can exclude their jurisdiction.</p> <p>Eemoval — Eeversal on Appeal.</p> <p>4. The application for a removal must be taken before pleading to the merits. But if the trial on the merits was reversed in the local appellate court it cannot be said to exist, and removal may be had.</p> <p>Federal Court — Status.</p> <p>5. Federal courts are oi'ganized as to hear and determine debts, torts, and property claim’s, but not those of status of families or persons, such as divorces. Desahucio may be either ejectment or unlawful detainer, and is not necessary for Federal jurisdiction to determine which.</p>

<p>Contempt Proceedings. '</p> <p>Contempt — Hearing.</p> <p>1. The dignity of a court requires that its orders must be first obeyed, and only afterwards it can be shown why the order should be set aside. '</p> <p>Jurisdiction, of Third Persons.</p> <p>2. A court can make an order against anybody in any part of its district provided it first have jurisdiction of the'res, the person, and procedure. An order to a party, however, may include his agent, and where a court has jurisdiction of property it will not permit interference by anyone, party or stranger. If a marshal puts a party in possession, but does not put anyone out of possession, there nan be no contempt on the part of one interfering- afterwards with the possession. ■</p>

<p>INFORMATION FOR SELLING LlQUOR TO SOLDIERS.</p> <p>Constitutional Law — Issue of Warrant.</p> <p>1. Amendment 4 of the Constitution provides that a warrant shall not issue except upon probable cause supported by oath, but if there be a suit served by summons upon a corporation, an oath is not necessary.</p> <p>Same — -Information upon Oath.,</p> <p>2. An information need not be verified- by oath when filed on behalf of the public. At common law such oath was required only where the information was filed on behalf of an individual.</p> <p>Same — Infamous Offense.</p> <p>3. An infamous crime under Amendment 5 of the Constitution is one whether misdemeanor or felony, which is punished by hard labor or imprisonment in a penitentiary. Fine and imprisonment not exceeding one year is not' infamous. An infamous punishment cannot be inflicted upon a corporation.</p> <p>Note. — On the question of necessity of verifying information, see note in L.E.A.1915B, 651.</p>

<p>Eemoval of Criminal Cause.</p> <p>Eemoval of Cause — Copy of Local Proceeding. '</p> <p>Where a copy of a regulation must be furnished the defendant for purposes of removal, it may be supplied by affidavit, and the law does not require an order to the local court to furnish copies.</p>

<p>Wobkmen’s Relief Commission Act. .</p> <p>Government — Porto Rico — liability to Suit.</p> <p>1. A government can only act through its officials, and these can be enjoined only as acting under an unconstitutional law or ultra vires of the provisions of a law. A sovereign cannot be compelled to do a proper act, but can be prevented through its officials from doing an improper, act.</p> <p>Note. — Authorities discussing the question as to when action against officers is deemed to be action against state are collated in. a note in 44 L.R.A. (N.S.) 189. ' -</p> <p>Workmen’s Compensation — Unnecessary Contribution.</p> <p>2. A proof that employers accepting the benefit of the act shall contribute to the workmen’s 'fund must be construed as meaning that employers who do not accept the benefit of the act need not so contribute, and exacting a contribution in the latter case is taking private property .without due process.</p>

<p>General Average under the Harter Act.</p> <p>Shipping — Act oí God — Jettison.</p> <p>Jettison was not abolished by the Harter Act. While a ship would not be liable for goods thrown overboard by the act of God, the master cannot sacrifice the cargo in order to save a vessel without rendering it liable for general average. This is an act of man, not the act of God.</p>

<p>Sale oe Liquor under Military Laws.</p> <p>Criminal Law — Reasonable Doubt.</p> <p>1. Reasonable doubt is sueli as might arise in the serious affairs of life, or when, upon a reasonable interpretation of the facts, the jury doubts the guilt of the defendant.</p> <p>Borne — Social Drinking.</p> <p>2. The military law does not prevent the entertaining of bona fide guests at one's home, including social drinking. Such home may be a single room in which an unmarried man lives when not out on business.</p> <p>Home — Taking away Liquor.</p> <p>3. Entertainment of a friend at home does not include furnishing him with liquor for the purpose of continuing drinking after he leaves the home. It is the duty ol juries to give a common-sense interpretation of facts presented.</p>

<p>Supersedeas ON Writ oe Erro?.</p> <p>Procedure — Writ of Error.</p> <p>1. Tlie -losing party desiring review must file a petition for writ of error, accompanying it hy bill of exceptions, whereupon the court fixes a cost bond which here is $300.</p> <p>Procedure — Extension of Time.</p> <p>2. The sixty days for supersedeas is extended by motion .for new trial, but this does not include a second motion for new trial or its equivalent. There is no final judgment as long as the cause remains under the control of the court.</p> <p>Practice — Agreement for Extension.</p> <p>3. If the parties agree upon an extension of time for supersedeas,-this will be respected, but if the matter is left open the court will not after the term presume on agreement.</p> <p>Practice — Writ of Error.</p> <p>4. Everything in the way of review is to be done by the injured party seeking a writ of error. This may be within six months, but if he desires to stay process it must be done within sixty days.</p>

<p>Parties in Ejectment.</p> <p>Acción Reivindicatoría — Ejectment.</p> <p>1. Acción reivindicatoría of the Civil Code applies to personalty as well as to real property, and its essentials are ownership by plaintiff, an exact description and possession by defendant. Bringing in warrantors as defendants may be proper.</p> <p>Acción Reivindicatoría — Parties.</p> <p>2. The theory of common-law pleading is to narrow issues to a few simple points upon which twelve men may agree, and unnecessary interests should not be joined.</p> <p>Practice — Land, Rents, and Damages.</p> <p>3. The P. R. Civil Code, § 104, embraces recovery of land, rents, and damages, but if rents and damage are different they must each be specified.</p>

<p>Re CONFIRMATION OF RECEIVER'S SALE.</p> <p>Receivership — Confirmation of Sale.</p> <p>1. If no opposition is filed to confirmation of sale, hut leave is asked to foreclose a mortgage, a creditor may press this application upon showing that the trustee himself does not do so.</p> <p>Creditor’s Bill — Sale.</p> <p>2. In the Porte Rican Federal court the assets of a corporation may he sold without the formality of foreclosure, and the proceeds stand .in place of the property. If the decrees do not specify this, the court will hold up the confirmation until the purchaser files an agreement with surety to make the same bid at a resale.</p> <p>Creditor’s Bill — Estoppel.</p> <p>3. In order to ascertain whether the bondholders assent'to a sale free of encumbrance, their attorneys of record will be required to furnish information on the subject.</p>

Statement of Facts. The facts involved in this case are not complicated. It is shown that the Island of Porto Pico is mountainous, and not suitable for railroad development, and consequently it was not until 1886 that this was undertaken under royal decree December 11, for auction of the franchise. The plan actually adopted related to the construction of a railroad from San Juan along the north and west coast of the Island.

Statement of Facts. The bill in this cause was filed March 9, 1917, and the answer on June 25. After different preliminary proceedings, change of attorneys, depositions, and amendments, the case came on for hearing and was submitted December 24 on briefs only lately filed. Plaintiff Luzunaris is alleged to be a citizen of Yew York and plaintiff Linares a citizen of Spain.

Statement oe Facts. The bill in this case was filed Inly 24, 1911, and alleges that in September, 1912, plaintiff made an agreement with certain attorneys for the prosecution of a suit against Galaf et al. growing out of land transactions in Santo Domingo, upon an equal division of the proceeds (Romero v. Oalaf, 9 Porto Éico Red. Rep. 434), and Wilcox was substituted for one of these.

<p>Joinder of Parties.</p> <p>Federal Court — Parties. ,</p> <p>1. Under §§ G6-68 of the Code of Civil Procedure in a suit for property belonging to a succession the widow is a proper party but not necessary where bringing her in would oust the jurisdiction.</p> <p>Fráud — Court of Law.</p> <p>2. It is always necessary to bring a suit in equity to cancel a proceeding for fraud. In some cases the act complained of may be deemed so fraudulent as never to have existed. The absence of an express consideration does not make a deed fraudulent in this sense.</p> <p>Succession — Acceptance.</p> <p>3. The acceptance by the heirs is implied, and formal acts need not be alleged.</p>

<p>Habeas Cobpus.</p> <p>United States Court — Local Courts.</p> <p>1. A local court cannot prevent a plaintiff from collecting q, judgment rendered in this court, and if the plaintiff is imprisoned by order of the local court in such a matter he will be released by the Federal court.</p>

<p>Civil Rights under War Legislation.</p> <p>Civil Rights Law in Porto Rieo — Instructions of Attorney General.</p> <p>A circular from the Attorney General of Porto Rico to district attorneys and judges, directing enforcement of Federal war legislation and threatening removal if not obeyed, will not be presumed without proof by this court to have influenced the local courts, and does not deprive one of his civil rights under § 31 of the Federal Code of Procedure.</p>

<p>Turning Sailor over to Consul.</p> <p>Foreign Seamen — Turning over to Consul.</p> <p>Where a foreign seaman has been confined in prison for an offense which from lack of evidence can never he tried, his application to be turned over to his consul will be treated as in the nature of a habeas corpus and granted.-</p>

<p>The Jitney -Franchise.</p> <p>Common Carrier-^-Use of Highway.</p> <p>1. Anyone may use a public highway without special license. A franchise is a grant of the public power by a person or corporation. A franchise is distinguished from police superyision, which must be exercised over all property and business. A franchise when granted is property.</p> <p>Porto Rico — Common Law.</p> <p>2. While the acquisition of Porto Rico by the United States did not affect the civil law in its application to private rights, it- did substitute the clear principles of the common law as to all public matters.</p> <p>Common Carriers — Business in the Street.</p> <p>3. No private individual can use the streets, sidewalk, or roadway in the prosecution of his business without the consent of the public. A common carrier cannot select a street for the conduct of its business at will.</p> <p>Common Carrier — Porto Rican Legislation.</p> <p>4. The Organic Act has conferred supervision of common carriers first upon the Executive Council and then upon the Public Service Commission. The terms of the act of Congress and of local acts do not specifically embrace jitneys, for they wore not known, but do embrace the full general subject of franchise for public purposes, including highways, and applies to them.</p> <p>Note. — The question as to whether person or company operating passenger automobile for hire is a common carrier is discussed in a note in L.R.A:191SF, 468.</p> <p>Authorities discussing the question of regulation of jitney busses generally are collated in notes in L.R.A.1915F, 840; L.R.A.191GB, 1151; L.R.A. 191SB, 909; and L.R.A.191SF, 475.</p> <p>Public Franchise — -Attorney General.</p> <p>5. It is the duty of the Attorney General to prevent the illegal use by one of what can properly be used only under public franchise. But the rights of a private individual injured by another need not await such action by public authorities. In the case of nuisance injunction is the most efficacious remedy.</p> <p>'•Street Railway — Jitney.</p> <p>6. Whether a street railroad can prohibit the business of jitneys running along side is not necessarily covered by the pleadings, and ’ is not decided.</p>

<p>Nattjbalizatioít.</p> <p>Naturalization — Act of 1906.</p> <p>1. The Act of 1906 was a thorough revision of the Naturalization Law, and as grant of citizenship is a privilege of the highest order, its provisions must be strictly complied with. Its omission-of the district court of Porto Rico is to be construed as depriving that court of the right of .naturalization.</p> <p>Naturalization — Act of 1910.</p> <p>2. The act of 1910 authorizing naturalization of a person whom . the court believes to have been for five years entitled to be naturalized does not apply where the only act was going to Europe on an American passport.</p> <p>Naturalization — Organic Act of 1917.</p> <p>3. The Organic Act of 1917 restores the right of naturalization to the United States district court of Porto Rico, enabling it to take account of residence in Porto Rico. The Naturalization Act of 1910 authorizing naturalization where a person has exercised the rights of a citizen in good faith does not apply to a person who could not have been naturalized by this court.</p> <p>■ NoTE.^On power of state legislature and courts in respect to naturalization, see note in 30 L.R.A. 761. ■</p> <p>On jurisdiction of state courts over naturalization proceedings, see note in 48 L.R.A. 36.</p>

<p>On Motion fob New Tbiae.</p> <p>Jury Trial — Argument of Law.</p> <p>1. In the Federal courts the jury finds the facts from the evidence under direction of the court on the law, and the court may direct that the argument of all law points be directed to the judge, and not to the jury.</p> <p>New Trial — Surprise.</p> <p>2. The fact that it is discovered after a trial that a possible witness would have given testimony different from that of a witness on the trial is not ground for granting a new trial.</p>

<p>On Motion foe Direction of a Verdict.</p> <p>Spanish Law — Codes.</p> <p>1. The Novísima .Recopilación of 1S04 did not repeal preceding laws. The Civil Code was adopted in 1889 after a project of 1854 and Bases of 1888. The Porto Rican Code substantially conforms to the Spanish.</p> <p>Prescription — Spanish Law.</p> <p>2. Originally there was no difference between the right of property and the right of suit, and no limit within which a suit must be brought. Beginning with the Twelve Tables, limitations came about through the Roman pretor, who gave and withheld the right to sue. The Theodosian Code established the first real statute, one of thirty years. Justinian instituted a distinction between acquisitive and defensive limitations, which has passed into Spanish law.</p> <p>Limitations' — Court Records.</p> <p>3. After thirty years no court will scrutinize minutely the proceedings of another, on account of change of circumstances.</p> <p>Note. — For authorities passing on the question of right of executor or administrator to purchase at his own sale, see note in L.R.A.1918B, 7.</p> <p>Representative — Buying at His Own Sale.</p> <p>4. The principle goes "back of all law that a man cannot take advantage of his trust position to the disadvantage of The person who trusts him. This was equally true at Rome and in Spain, whether it be an executor, guardian, or other representative.</p> <p>Prescription — Good Faith and Just Title.</p> <p>5. Under Spanish law a person is protected against a claim if ho is in possession in good faith'with a just title, for ten years if present and twenty years if absent from the country.</p> <p>Good Faith — Just Title.</p> <p>6. Good faith is where one is not aware' of defects of his own title. Justo titulo is analogous to a paper title at common law, that is, is in regular form, but under the Mortgage Law a deed to be a justo titulo must be recorded.</p> <p>Minor — Protection of Title.</p> <p>7. Under both the Spanish law and the common law one’s property cannot be taken away until he comes of age.</p> <p>Minor — Rule of Repose.</p> <p>8. The Porto Rico Civil Code, § 1864, recognizes a rule of repose after thirty years.</p>

<p>Motion eor New Trial.</p> <p>^Position — Waiver as to Testimony.</p> <p>1. Whoever comes into a court of justice, whatever his ago or disability, pursues his remedies according to the regular procedure, and his attorney may bind him by waiver or in any other way.</p> <p>Note. — Authorities discussing the question as to whether osteopaths may •be considered as coming within the operation of statutes regulating the practice of medicine are collated in notes in 3 L.R.A.(N.S.) 763; 24 L.R.A. (N.S.) 103; 25 L.R.A.(N.S.) 1297;. 33 L.R.A.(N.S.) 179; and L.R.A. 19170, 822.</p> <p>Position — Testimony by Patient.</p> <p>2. If a patient testifies to treatment by a physician, this opens up the subject so that the physician may be used to contradict; but there is no such waiver when a patient merely testifies generally to-his health.</p> <p>Law of Evidence — Part of Contract.</p> <p>3. Sections 858 and 914 of the Revised Statutes do not affect the rule of evidence as to physicians. Such rule of evidence as to physicians not testifying is a part of the contract of insurance unless waived.</p> <p>Physicians — Osteopaths.</p> <p>4. Osteopaths, inasmuch as they do not use medicine or drugs, are not physicians within the view of tire common law, nor does the law</p> <p>. requiring a person wishing to practise osteopathy to obtain a license as an osteopathic physician make him a physician within the purview of the Law of Evidence as to disclosures by- a physician.</p> <p>Change of Opinion — Charge of Court.</p> <p>5. There is no impropriety in the court’s changing its mind on a law point and expressing that change in its charge to the jury.</p>

<p>Payment of Moetgage en País.</p> <p>Unrecorded Transaction — Public Instrument.</p> <p>Section 1195 of tlie Porto Kico Civil Code not permitting a transaction not recorded to affect holders under a public instrument which is recorded has been repealed by § 102 of the Law of Evidence.</p>

<p>NONRESIDENT PLAINTIFFS.</p> <p>Jurisdiction — Bomicil.</p> <p>Federal courts have jurisdiction of foreigners without regard to residence, and no reason appears why this rule should not apply to Porto Eico.</p>

<p>Re Dismissal of Yoliti?taby Petition.</p> <p>Proof of Claim — Compromise.</p> <p>1. In a proceeding for compromise with creditors a prima facie showing of debt before the court is sufficient.</p> <p>Objection of Creditor — Procedure.</p> <p>2. After a debtor bas invoked the jurisdiction of the court creditors are entitled to have his property administered, provided the : necessary costs are supplied.</p>

<p>Description in Specific Performance.</p> <p>Specific Performance — Description.</p> <p>In specific performance a right of way to be enforced must be accurately described; but if what is sought is enforcement of- a contract to go on property in order to locate a right of way, there cannot be an accurate description.</p>

<p>Prohibition — Sailor.</p> <p>Under the Porto Rican Organic Act of March 2, 1917, a sailor cannot bring into Porto Rico any rum from a foreign country, whether for his own use or otherwise. United States v. Hill, Jan. 13, 1919, 248 U. S. 420, applied. History of legislation given.</p>

<p>Contempt of Referee’s Court.</p> <p>Referee in Bankruptcy — Contempt.</p> <p>Disorderly conduct in the presence of a referee holding a session is contempt and will be punished. When a referee begins his session it continues until he declares it adjourned or himself leaves his seat.</p>

<p>POK PROPER JETTISON.</p> <p>Libellant — Burden of Proof.</p> <p>The burden of proof as to injury alleged by libellant is upon.him, and decision will be for the claimant if the burden is not borne.</p>

<p>On Motion to Stbike Testimony.</p> <p>[Practice — Party as Witness.</p> <p>The statements made by a party as a witness do not amount to . an admission as a party to the case.</p>

<p>Dissolution or Attachment in the Same Court.</p> <p>Attachment — Equity.</p> <p>A fund in court is not subject to attachment, but a fund held in one case can be subjected in another ease.in the same court.</p>

<p>On Motion foe New Trial.</p> <p>New Trial — Surprise—Costs.</p> <p>Wliere a defendant railroad company without a demurrer goes to trial upon a complaint alleging the burning of a cane field from sparks in the negligent operation of a locomotive, plaintiff may prove sparks coming from chimney of the engine and also sparks coming from the live coals let down between the tracks from the fire box; but the answer showing that the defendant supposed that the sparks were those from the chimney and prepared its defense accordingly, a new trial will be granted. As the indefiniteness, however, -would have been remedied if the defendant demurred, the new trial will be granted only upon prepayment of all costs by the defendant.</p>

<p>ANOillary Foreclosure.</p> <p>Equity — Pleading.</p> <p>1. A bill must contain sufficient allegation directly or by reference to make out a complete case.</p> <p>Bankruptcy Court — Diverse Citizenship.</p> <p>2. Where the litigation concerns property in custodia legis it makes no difference whether the parties interested are residents dr nonresidents. The custody of the res draws to it all controversy connected with the res.</p> <p>Bankruptcy — Foreclosure before Adjudication.</p> <p>3. Where property is in' the custody of the bankruptcy court by receivership before adjudication the bondholders may be permitted by the court to foreclose their mortgage.</p> <p>Equity — Double Beceivership.</p> <p>4. Except in special cases the court will not grant a second receivership where property is already in its custody by receivers,</p>

<p>Injunction against Taxes.</p> <p>Pleading — Parties.</p> <p>1. Where a suit is brought against the treasurer of Porto Rieo for denying a constitutional right, it is not a suit -against the people of Porto Rico.</p> <p>Equity — Remedy at Larv.</p> <p>2. Inadequacy of legal remedy justifying a resort to equity exists where a suit demands preventive relief such as against multiplicity of suits or irreparable injury. It applies .where a merchant in Porto Rico is compelled to pay an excise tax on all consignments brought from the United States.</p> <p>Constitutional Law — Porto Rico.</p> <p>3. Porto Rico is an organized territory of the United States inhabited by American citizens who enjoy most of the rights enumerated in the Constitution. Comity extends these to alien friends.</p> <p>Constitutional Law — Property and Contract.</p> <p>4. Under modern civilization among the essential rights of man are those connected with sacredness of private contract and private property. These cannot he interfered with by any government, Federal or local, except by due process of law.</p> <p>Porto Rico — Excise Law.</p> <p>5. Porto Rico has had from the beginning of the American occupation an excise law, largely modeled upon the national.. The law of 1919 extends this to many new articles, and its machinery, including inspection, is much more elaborate.</p> <p>Excise Taxes — Nature.</p> <p>6. An excise tax is one laid upon commodities which are to bo consumed, and may be imposed at any time between production and consumption. Payment of the tax comes ultimately out of the consumer. Quaere, as to a local excise tax requiring examination of the mails.</p> <p>Interstate Commerce — Porto -Picó.</p> <p>7. Porto Rico is subject to the interstate commerce clause of the</p> <p>• Constitution. Congress not ^ having legislated on the subject as to'Porto Rico,. Porto Rico cannot do so. . \</p> <p>Interstate Commerce — Local' Taxation.</p> <p>8. Local taxation cannot affect property in process of interstate transportation. It is limited to property after it has arrived at its destination and is at rest.</p> <p>Interstate Commerce — General Regulation. .</p> <p>9. Interstate commerce requires a national plan, and the absence . of legislation by Congress is an intimation that there cán be no</p> <p>regulation. This applies both to excise and to property taxation. Goods have not reached their destination until they have come within the control of the consignee.</p> <p>Interstate Commerce Law — Repeal. ■</p> <p>10. The repeal of the Interstate Commerce Law as to Porto Rico affected only internal, commerce of the Island, and not its commerce with the states.</p> <p>Constitutional Law — Part of Law Invalid.</p> <p>11. A part of a law may be invalid without affecting the rest unless the parts are so connected as to make a system, of which ono portion cannot stand alone without the other.</p> <p>Porto Rico — Uniform Taxation.</p> <p>12. Porto Rico is subject to the principle that taxation shall not discriminate against property or persons, but this does not prohibit reasonable adjustment of subjects and methods of taxation.</p>

<p>Local Workmen’s Accident Compensation Act.</p> <p>Proceeding in Equity — Adequate Remedy at Law.</p> <p>1. A suit to recover back assessments, suck as insurance premiums, which can be brought only in the local court, is not adequate remedy at law as to a nonresident.</p> <p>Second Federal Employers’ Liability Act — Extent.</p> <p>2. The Federal Employers’ Liability Act not only covers all within the scope of its words, but enacts a system which cannot be interfered with or added to by local legislation.</p> <p>Second Federal Employers’ Liability Act — Repeal.</p> <p>3. Repeal by implication is not favored, but repeal of a general system carries with it all necessary parts. The repeal of the Safety Appliance Act, however, does not carry with it that of the Employer’s Liability Act.</p> <p>Organic Act of Porto Rico — Police Power.</p> <p>4. The provision in the Bill of Rights as to nonlimitation of the power to enact laws for the protection of life, health, and safety is a proviso upon the preceding clause as to taking or damaging private property. Congress has not devested itself of sovereign powers in favor of Porto Rico.</p> <p>Local Workmen’s Accident Compensation Act — Reports.</p> <p>5. Reports are required by the local Workmen’s Accident Compensation Act for the purposes of that act, and therefore do not apply to a corporation subject to the Federal law.</p> <p>Constitutional Law — Duo Process of Law.</p> <p>6. The question whether the Workmen’s Accident Compensation Act provides due process of law is not decided.</p>

<p>MEMORANDUM OE CHARGE TO GRAND JURY; MAY 18, 1920, AS TO I/EVEB Law.</p>

<p>As 10 New Trial for Evidence in Jury Room.</p> <p>Practice — Evidence in Jury Room.</p> <p>The fact that articles produced before the jury but not introduced in evidence were by mistake placed in the jury rodm, with no showing that the jury made any use thereof after their retirement, will not be ground for new trial under Judicial Code, § 269.</p>

<p>Extext op Relief on Cross Bill.</p> <p>Equity Practice — Description in Answer.</p> <p>1. The answer must admit or deny description of land contained in the bill.</p> <p>Equity Practice — Cross Complaint.</p> <p>2. Equity taking jurisdiction goes on and does complete justice, but this does not mean it will entertain a cross bill amounting to an action in ejectment.</p>

<p>Averments of Tort.</p> <p>Admiralty — Navigable Waters.</p> <p>1. The court judicially knows that the harbor of San Juan is navigable water.</p> <p>Admiralty — Demurrer.</p> <p>2. Where the tort alleged is the careless placing of a rope, it is not material that there is no allegation as to ownership of the wharf.</p>

<p>AMENDMENT FROM CONTRACT TO QüANTUM MERUIT.</p> <p>Amendment — Quantum Meruit.</p> <p>1. The limitation of amendment is that there cannot he in the Federal court an entire change of parties or of cause of action. There cannot he a change from a written contract to recovery en pais.</p> <p>Amendment — Conformity.</p> <p>2. In matters not covered hy Revised Statutes, § 954, amendments are governed hy the local law.</p> <p>Amendment — Variance.</p> <p>3. There can he no change of a cause of action arising at common-law to one arising under statutes, or where different evidence would he necessary to support the claim as amended.</p> <p>Part Performance — Quantum Meruit.</p> <p>4. Quantum Meruit for part performance depends upon express modification of the contract, or apportionment where it is separable.</p> <p>Part Performance — New Contract.</p> <p>5. If a sale is negotiated as an entirety hy a broker and it falls through, a new contract would not entitle him to share therein.</p> <p>Part Performance — New Contract.</p> <p>6. Where a contract hy a broker falls through, a substantially new contract between the parties does not entitle him to compensation. There is no vinculum juris unless arising out of tort or out of contract expressly implied.</p> <p>Note. — On right of real estate broker to recover commissions on quantum meruit for securing purchaser for part of the property, see note in 51 L.R.A. (N.S.) 258.</p> <p>Evidence — Original Contract.</p> <p>7. The original contract can he used as evidence of quantum meruit only 'where there was an immaterial variation under quantum meruit.</p>

<p>Fraud and Mistake.</p> <p>Equity — Amendment.</p> <p>1. Where a ease has heen long before the court an amendment from fraud to mistake will he allowed, the remedy sought being the same, and the change amounting to suing in a double aspect.</p> <p>Mistake of Law — Attorney.</p> <p>2. Where a client acts in reliance upon his attorney, the attorney cannot set up that there was a mistake of law.</p> <p>Mistake of Law — Equitable Assignments.</p> <p>3. Where a fund is still in hand, the court will enforce the rule that assignments non-negotiable claims take subject to the equity of the case.</p> <p>Note. — The question of relief from mistake of law as to effect of instrument, is discussed in a note in 28 L.R.A. (N.S.) 785.</p> <p>Mistake of Law — Estoppel of Assignor.</p> <p>4. The assignor is not estopped from setting up defects if he acted under an excusable mistake of fact.</p>

<p>Suit against Estate oe Decedent.</p> <p>Inheritance — Liability of Heir.</p> <p>1. An heir inheriting property under the civil law is liable for the decedent’s debt unless he has claimed the benefit of inventory.</p> <p>Succession — Creditors.</p> <p>2. Under the Roman law the heir was regarded as continuing the person of the deceased and therefore liable for his debts. Later the heir was given the right of inspecting the inventory and deciding whether he would accept the estate or not. The Porto Rican practice is a mixture of civil and common law principles.</p>

<p>Res Judicata. •</p> <p>Res Judicata — Extent.</p> <p>1. Res judicata applies to every question in the second suit which under the pleadings of the first might have been directly presented • therein, the parties and points being the same, and the judgment in the former suit being on the merits.</p> <p>Practice — Splitting Cause of Action.</p> <p>2. Where a contract covers a term of years and suit is brought before its expiration, the future years cannot be included. QuEere, as to another suit on them.</p>

<p>Reconsideration of Consent Decree.</p> <p>Reconsideration — Juri&diction.</p> <p>1. The court is averse to reconsidering decrees made after full bearing, unless tlie alleged defect relates to jurisdiction, particularly if jt is in the nature of a consent order.</p> <p>Reconsideration.</p> <p>2. Quaere, — whether the point that property which is not included in the mortgage may he reached by application for instructions to the master.</p>

<p>As to Suit to Quiet Title.</p> <p>Pleading — Boundaries.</p> <p>1. It is not good ° pleading for parties to state their claims to land in such manner that different pieces seem to be involved.</p> <p>Quiet Title — Quia Timet.</p> <p>2. The test of equity jurisdiction of Federal courts not covered by statute is the extent of the remedy at law for cases of similar character in the year 1789. There being in Porto Rico no specific provision for suit to quiet title, the principle does not apply that local statutes granting new equitable rights can be enforced in the Federal court. ' .</p> <p>Quia Timet — Bill of Peace.</p> <p>3. The remedy to quiet title is less of the nature of a hill quia timet than what is technically called a bill of peace. The former refers very properly only to personalty.</p> <p>Removal of Cloud — Elements.</p> <p>4. If the allegations of a bill are not questioned by motion, the court -will not investigate the mater unless jurisdiction is involved.</p>

<p>New Trial.</p> <p>Damages — Neglect of Cure.</p> <p>1. A plaintiff is under -the duty of diminishing damages suffered so far as he reasonably can. He cannot increase his damages by neglecting means of cure.</p> <p>Note. — On excessiveness of verdicts in actions for personal injuries other than death, see note in L.R.A.1915P, 30.</p> <p>New Trial — Excessive Damages.</p> <p>2. A court can set aside a verdict where the jury probably acted with prejudice, passion, mistake, or from some other improper cause, and the court must be satisfied that a different result would probably follow a second trial.</p>

<p>Criminal Verdict — Opinion of Court.</p> <p>1. The court has no right to set aside a verdict of the jury in a criminal case, hilt may be under the duty of expressing disapprobation publicly.</p> <p>Judicial Power — Judge and Jury. '■</p> <p>2. The jury tries all questions of fact, while the. judge tries all questions of law, as is shown by the oath of the jury.</p> <p>Punishment — Judge.</p> <p>3. In criminal cases the judge fixes the punishment, having heard the evidence before the jury, and anything additional which seems proper. If he errs, the defendant may appeal and reverse, or may, after sentence, seek a pardon from the president.</p>

<p>Food Administration.</p> <p>Food Commissioner — Fine.</p> <p>1. The private exaction of money by a man does not become a Federal offense because the man is also a Federal official.</p> <p>General Demurrer — Jurisdiction.</p> <p>2.. While the court need not consider general demurrers, it will consider matters of jurisdiction, however raised.</p> <p>Food Commissioner — Closing Bakery.</p> <p>3. The food commissioner being authorized to revoke licenses, he must by implication also have the right to a bakery whose license is revoked.</p>

<p>Petition fob Retuen of Liqtjobs by Makshal.</p> <p>Search Warrants — Prevention.</p> <p>1. Goods may be seized upon a search warrant looking to the prevention of a crime, without waiting for its commission.</p> <p>Marshal' — Possession of Evidence.</p> <p>2. Where goods have been turned over to the Federal marshal by a local court for use in the Federal court, the ultimate disposition belongs to the local court.</p> <p>Alcoholic Liquors — Evidence.</p> <p>3. Where the proceeding is for selling certain liquors in violation of the Prohibition Law, a court cannot in advance say that .other liquors cannot be used as evidence and therefore should be returned.</p> <p>Prohibition — Liquors at Home.</p> <p>4. American citizens and friendly aliens, have the right to have liquors in their own home for personal use, but personal use does not include keeping a stock of liquors at home to be sold in an adj acent restaurant.</p> <p>Note. — On admissibility against defendant of documents or articles taken from him, see notes in 59 L.R.A. 465; 8 L.R.A. (N.S.) 762; 34 L.R.A.(N.S.) 58; L.R.A.1915B, 834, and L.R.Arl916E, 716.</p> <p>On constitutional guaranties against unreasonable search and seizures as applied to a search for and seizure of intoxicating liquors, see notes in 3 A.L.R. 1514, and 13 A.L.R. 1316.</p>

<p>Claim op Bailee.</p> <p>Admiralty — Claim of Owner.</p> <p>Where the master has abandoned the vessel, claim for the goods on board may be made by the owner.</p>

<p>Petition or T. G. I. Waymoutii. .</p> <p>Bankruptcy — Judgment on Pleadings.</p> <p>1. Bankruptcy is essentially an equitable proceeding in rem against the public. Amendments will be allowed if admissions in-> the answer seem inadvertent.</p> <p>Trustee in Bankruptcy — Reasonable Time.</p> <p>2. A'reasonable time will be allowed a trustee in bankruptcy like a receivership to determine what course is best for the estate before surrendering property which may prove vital. .</p>

<p>Verifying Answer,</p> <p>Verification of Answer — Sub Judice.</p> <p>Where a defendant is verifying his answer in court, before action by the plaintiff, a subsequent motion to strike the answer will not be permitted.</p>

<p>Equity AdministeatioN.</p> <p>Equity — Contract Liens.</p> <p>1. Equity will not displace contract liens, although from the necessity of the case it may postpone their enforcement to the expenses of administration and preservation.</p> <p>Courts — Coram non Judice.</p> <p>2. Under the American law a court is a tribunal furnished by the state for the settlement of disputes, and is not a branch of the government to «declare law in general. A person not before the court is not affected.</p> <p>Trustee — Intervention.</p> <p>3. It is not necessary for a trustee under a mortgage to intervene in a proceeding until liis rights are directly concerned.</p> <p>Trustee — Master.</p> <p>4. This individualistic view of litigation applies to reports made by a master or other subordinate officials.</p> <p>Liens — Not Appealed from.</p> <p>5. Where the court has ascertained liens and the adjudication has not been appealed from for several terms, they will not be disturbed.</p> <p>Preservation — Charge upon Corpus.</p> <p>6. Where money has been advanced upon receivers’ certificates . for the preservation of the property, and no income is available, it will he charged upon the corpus. .</p> <p>Refacción — Preservation.</p> <p>7. A refacción contract is not one for the preservation of the property.</p> <p>Refacción — Marshaling.</p> <p>8. A refacción contract carries a lien upon the cane, and not upon the corpus. Marshaling does not apply to it where the cane has been used up.</p> <p>Master’s Finding — Not Extended.</p> <p>9. Where a master upon a reference as to liens upon income finds that a claim has a lien, this does not justify the court, after the income is used, in charging the claim upon the corpus.</p> <p>Trustee — Rank of Claims.</p> <p>10. Where the fund is in cour-t there will be nothing gained in tux-ning it over to the trustee to determine claims which will have to be settled by the court.</p> <p>Fund in Court — Expenses.</p> <p>11. Provisional expenses will be provided for out of the fund without waiting for final distribution.</p> <p>Unmortgaged Corpus — Distribution.</p> <p>12. Where certain personal property has been sold at the time of the foreclosure, it will be distributed as corpus not subject to the lien of the mortgage.-</p> <p>Special Master — Clerk.</p> <p>13. Where a cause has been long in the court and the clerk is familiar with it, while, on the other hand, there are few or no attorneys who have not been concerned in claims, a proper ground arises for the appointment of the clerk as special master under the equity rules.</p>

<p>Citizenship op Minor Aliens,</p> <p>Citizenship — Jones Act.</p> <p>1. A foreigner taking the oath of allegiance under the Jones Act makes his children also citizens.</p> <p>Citizenship — Wife.</p> <p>2. The same is true of his wife.</p> <p>Minor Children — Nationality.</p> <p>3. Minor children have no nationality apart from that of their parents. The citizenship of the family follows that of the father.</p>

<p>Domicil op Corporation.</p> <p>Corporation — Citizenship.</p> <p>1. The citizenship of a corporation is indisputably presumed to be where it is incorporated.</p> <p>Corporation — Place of Business.</p> <p>2. The local law cannot make the place of doing business the dom-icil of a corporation. Unlike an individual, a corporation cannot change its residence.</p>

<p>The Prohibition Section of Act of November 21, 1918.</p> <p>Porto Rico — Decisions in the States.</p> <p>1. Decisions in the states may not always apply to Porto Rico inasmuch as national police power is a different thing in the states from what it is in the territories.</p> <p>Congress — Restricting Its Power.</p> <p>2. Congress is supreme in Porto Rico, but it has limited the force-of the national statutory laws to those locally applicable.</p> <p>War Power- — -Unlimited.</p> <p>3. There is no limitation to the war power in cases of actual necessity; secus when there is no necessity, such as after the armistice.</p> <p>Interpretation — General Words.</p> <p>4. Where special words are used in a statute followed by general ■words preceded by the word “other,” the special -words are to be-considered as in the same class as the general words. The general phrase assembles and determines the meaning of the preceding individual phrases.</p> <p>Indictment- — Implication.</p> <p>5. In the indictment nothing can be left to implication in describing the offense.</p>

<p>Suit to Quiet Title.</p> <p>Bill of Complaint — Description of Lands.</p> <p>' 1. Under the Porto Rican statute it is not nécessary to trace hack a history of the title. Conflict of evidence is almost inevitable from the system of allowing settlers to select their lands.</p> <p>Equity Practice — Ex Parte Decree.</p> <p>2. An ex parte correction of a decree to make it more certain ia without effect as against persons adversely interested.</p>

<p>Retuhn of Composition Fund.</p> <p>Referee — Becoming Attorney.</p> <p>1. A referee cannot act as attorney in a case even after the administration is closed.</p> <p>Deposit — Return.</p> <p>2. Revised Statutes, § 995, does not require notice to the district attorney as to withdrawal of funds where they have not been deposited in the United States Treasury.</p>

<p>As to Judgment non Obstante Veredicto.</p> <p>Citizenship — American.</p> <p>1. The English word is “subject” and the American word is “citizen,” but they mean substantially the same, and the common-law-rule applies in Porto Rido.</p> <p>14th Amendment — Citizenship.</p> <p>2. The general American rule is that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States'. -</p> <p>Citizenship — After the Foraker Act.</p> <p>3. Where a father was a native of Spain but did not come to Porto-Rico until after the Foraker Act, the children are not embraced within its provision making Porto Ricans out of Spanish inhabi-,iants.</p> <p>Porto Rican Legislation — Citizenship.</p> <p>4. Congress did not turn over to Porto Rico -the question of establishing citizenship vel non.</p> <p>Constitution — the Flag.</p> <p>5. The Insular Cases decided that the Constitution did not follow the flag except as to inherent natural rights -of man which Congress did not disregard.</p> <p>Sons of Aliens — Jones Act.</p> <p>6. By the Porto Rican Act people of Porto Rican birth, alien parentage, and permanent residence in Porto Rico, may become American citizens by taking the oath of allegiance in the Federal court.</p> <p>Sons of Aliens — Exclusive.</p> <p>7. This provision determines the only way in which aliens of the class described may become American citizens.</p>

<p>Nonresident Defendant.</p> <p>Equity — Service by Publication.</p> <p>1. Tlie Federal statutes have properly provided for publication against a .nonresident where the court is acting in regard to property within the jurisdiction.</p> <p>Laches — Husband an'd Wife.</p> <p>2. There can be no laches set up 'by husband or wife against the other for the time when.-tliey are living together as such.</p> <p>Husband and Wife — Community Property.</p> <p>3. A suit as to community property may be had between husband and wife in Porto Pico, where defendant is an .absentee or has given cause for divorce, although the marriage has not been dissolved.</p>

<p>Application eor Temporary Receives.</p> <p>'Receivership — New Equity Rules.</p> <p>1. The procedure as to receivership is a special remedy and should be analogous to that provided as to injunctions.</p> <p>.Foreclosure — Oath.</p> <p>2. Under equity rule 25, bills asking special relief, including receivership, should he under oath.</p> <p>Foreclosure — Notary.</p> <p>3. A bill may be properly sworn to before a notary without the certificate of the secretary of state.</p> <p>Foreclosure — Certificate of Registration.</p> <p>4. Under the Porto Rican Mortgage Law a mortgage to be effective against third parties must be registered, and this must appear in the bill.</p> <p>Receivership — Bond.</p> <p>-5. A bond is not required except in bankruptcy as a preliminary to the granting of a receivership, but all proper terms may be imposed.</p> <p>Receivers — J oint.</p> <p>6. Where nonresident bondholders suggest a proper but nonresident receiver, the court may appoint him and add also another within the jurisdiction.</p>

<p>Taxes Paid Out or Proceeds or Sale. .</p> <p>Intervention — Previous Rulings.</p> <p>1. An intervener comes into the case at the time' of the intervention, subject to previous rule.</p> <p>Tax Lien — Equity.</p> <p>2. It is inequitable for the court to prevent the enforcement of a legal remedy and afterwards declare that this had resulted in the loss of a lien.</p> <p>Doing Equity — Taxes.</p> <p>3. If the court keeps alive a quasi lien for the protection of taxes, it may require the quasi sovereign to do equity by reducing the assessment.</p> <p>Surcharge — Law of the Case.</p> <p>4. The same might be true of surcharges, but in the case at bar the court had permitted them to become the law of the case.</p>

<p>Injunction against Taxes.</p> <p>Void Law — Sovereign.</p> <p>1. Where the theory of the hill is that a law is void it is not necessary to make the state a party.</p> <p>Payment of Taxes — Moot Question.</p> <p>2. Where taxes have already been paid under protest and proceedings begun therefor at law, a court of equity will not decide a moot question as to their validity. ,.</p> <p>Multiplicity of .Suits — Plaintiff. t , •</p> <p>3. The question of multiplicity of suits relates to those against the plaintiff,’ and not to those which he may bring.</p>

<p>New Trial.</p> <p>New Trial — Evidence.</p> <p>• 1. Matters going to tlie credibility of tile evidence are exclusively for the jury.</p> <p>Evidence — Previous Offenses.</p> <p>2. Previous losses of letters may be given in evidence on an indictment for robbing the mails, as showing why a decoy letter,, which is in evidence, was sent.</p> <p>Criminal Cases — Assignment of Counsel.</p> <p>3. The law does not require the assignment of eounsel for prisoners, hut. where apparently necessary or where desired, they will he assigned so far as possible.</p>

<p>On Retubn of Service of Restraining Order.</p> <p>Restraining Order — Amendment.</p> <p>1. A restraining order is the act of the court, and not pleading. It will he amended when it appears to be the proper course.</p> <p>Railroad Strike — Complete Equity.</p> <p>2. Quaere, whether in .a suit to restrain -workmen from interfering -with the operation of a railroad the court, in order to do complete equity, can go on and compel the company to operate -the road.</p>

<p>Eesidence oe Applicant.</p> <p>Naturalization — Eesidonee.</p> <p>1. Temporary residence abroad, with the intention of returning to the United States, does not interrupt the running of the time required for naturalization.</p> <p>Kesidence — District of Application.</p> <p>2. While five years’ residence is required in the United States, only one year is required in the district of application.</p> <p>Witness — Absence.</p> <p>3. The temporary absence of one witness does not interfere with his competency to testify to the residence of an applicant when the time is short and he has received frequent letters duly postmarked .from the applicant.</p>

<p>INJUNCTION OF MANDAMUS.</p> <p>Equity — Plaintiff’s Motion to Dismiss.</p> <p>1. Plaintiff’s motion to dismiss will ordinarily be granted, but public interest will also be considered.</p> <p>Mandamus — Federal Jurisdiction.</p> <p>2. A Federal court cannot remove a mandamus suit from -a local court.' Quaere, Can it effect the same purpose by enjoining the prosecution of such a suit?</p> <p>Mandamus — Cloak for Injustice.</p> <p>3. But if the mandamus suit is for illegal purposes and an equity ■ exists, a Federal court will go behind forms and do justice.</p> <p>Mandamus — Projected Receivership.</p> <p>4. The allegation of an intended unjust local receivership is not sufficient to give the Federal court jurisdiction until such receivership is a fact.</p>

<p>Injunction against Railroad Strikers.</p> <p>Injunction — Enforcement of Eederal Laiv.</p> <p>1. Tlie government’s resort to the courts to enforce its own laws is not only justifiable, but a valuable precedent.</p> <p>Labor and Capital — Judiciary.</p> <p>2. The Federal court acts in a dispute between labor and capital where there is an infringement of a Federal right, of life, liberty, or property.</p>

Statement of facts pleaded: The complaint in this case was filed April 15, 1919, and the matter has been argued and submitted upon demurrer thereto. The suit is upon two causes of action, the first relating to a •draft for $13,035.75, dated September 1, 1917, for flour sold by the plaintiff to one Placido. Martinez at San Juan, and with bill •of lading attached sent through intermediate banks to the 'defendant for collection.

<p>Review of . Administration Pine.</p> <p>Immigration Law — Pamily.</p> <p>1. Under the Immigration Law of 1917 the family is a legal as well as a social unit.</p> <p>Ignorance of Law — Agent.</p> <p>2. The fact that a company is agent for a foreign corporation and is ignorant .that it is violating a law constitutes no defense.</p>

<p>Malicious Prosecution.</p> <p>Malicious Prosecution — Necessary Averments.</p> <p>1. The vital elements of a suit for malicious prosecution are the fact of prosecution, that the ' defendant was prosecutor, that it terminated in plaintiff’s acquittal, that the charge was false and without probable cause, and that defendant was actuated by malice.</p> <p>Malicious Prosecution — Practice in Porto Rico.</p> <p>2. A suit may he maintained in Porto Rico for malicious prosecution and a suit may he maintained for false imprisonment, and both may he joined as separate counts in one suit, but they do not together constitute one cause of action.</p> <p>Demurrer — Federal Practice.</p> <p>3. Under Rev. Stat. § 954, a demurrer must set out tlie ground tlierefor; but this does not apply where a serious defect clearly . appears in the complaint.</p>

<p>Naturalization under the Jones Act.</p> <p>Naturalization — Germans. ,</p> <p>1. In naturalization under tile Jones Act the court lias adopted the rules of the general Naturalization Law as far as applicable. It is therefore unable to naturalize sons of Germans. The Armistice was not a treaty of peace.</p> <p>Naturalization — Oath of Allegiance.</p> <p>2. The Jones Act, § 5, requires the son of an alien to take the oath of allegiance within twelve months after coming of age. The court will permit the applicant to take the oath, but will make no order recognizing him as án American citizen until after the ratification of the treaty of peace.</p> <p>Naturalization — Loyalty.</p> <p>3. Loyalty must be implied ' in American citizenship secured through any judicial process of naturalization, under the Jones Act or otherwise.</p> <p>Naturalization — Change of Name.</p> <p>4. This court has the right to change the name of an applicant .for naturalization.</p>

<p>Jueisdiction as to Aliens.</p> <p>Federal Practice — Aliens.</p> <p>While on the mainland a district court may not have jurisdiction of aliens, this is conferred upon the Porto Rico Federal Court by the Jones Act.</p>

<p>Coming to Porto Rico to Learn English.</p> <p>Immigration Authorities— Review.</p> <p>1. A district court cannot review the finding of the immigration authorities upon the facts, but where there was no evidence or was abuse of authority the rule is otherwise.</p> <p>Immigrant — Learning English.</p> <p>2. Where the alleged pbjeet of the coming of the immigrant of sixteen years of age was. to learn English, and he'had lived here two months with no effort in that direction, there is no showing of this object. The facts point rather to his being brought here to learn his Spanish uncle’s business.</p>

<p>APPLICATION FOB NEW TRIAL.</p> <p>Domicil — Proof.</p> <p>1. Domicil must be proved, in a case tbe same as any other fact.</p> <p>Domicil — New Proof.</p> <p>2. Where proof of domicil not used on the trial is shown on the application for a new trial, new trial will be granted, but at the cost of the applicant.</p> <p>Evidence — Change of Rule.</p> <p>3. Where previous to 1917 there had been no necessity for proof of domicil, a party could not be required to preserve evidence of the fact.</p> <p>Evidence — Rule of Repose.</p> <p>4. Domicil is a question of fact of residence and intention of remaining. How far the statute of repose of twenty years will apply is not decided.</p>

<p>AMEBIOAN CITIZENSHIP.</p> <p>Naturalization — Three Methods.</p> <p>1. In Porto Rico, besides the general Naturalization Law, there was the wholesale naturalization by the Jones Act of 1917 and special court naturalization of children of foreigners provided in § 5 of that aet.</p> <p>Jones Aet — English Language.</p> <p>2. The analogy of the general Naturalization Law is followed in court proceedings under the Jones Aet in all particulars except the requirement of speaking English.</p> <p>Citizenship — Hyphenation.</p> <p>3. An American citizen can owe but one allegiance, and wherever situated must oppose any attempt at separation from the Union. The United States knows no divided sovereignty.</p>