Page:Federal Reporter, 1st Series, Volume 9.djvu/901

 886 FEDERAL REPORTER. �Entertaining these views, it is tinnecessary to discusa the otLier objections which have been urged to the original assessment aud to the invalidity ot the curative act. �As the original assesement was void aud has not been validated, there was no necessity for a tender on the part of the shareholders of siich Bum as might be equitably due on aceount of their taxes. The cases in which a tender has been required were those when there was an excessive as distinguished from a void assessment. Nat. Bank v. Kimball, 103 U. S. 732; Cumminga v. Nat Bank, 101 U. S. 153. �It is urged as a reason for denying the relief claimed that the proofs fail to show that the shareholders of complainant have any intention to institute Suits against the complainant if it pays the tax or withholds their dividends. It suffices, however, that they have the right to sue the bank. The complainant is plaoed in a position where it is subjected to the contingency of a multiplicity of suits by the sev- eral shareholders on the one hand, if it recognizes the validity of the tax and withholds the dividends, and by the city authorities on the other hand if it refuses to do so. �A decree is ordered restraining defendant from all proceedings to euforce the tax as against the complainant. ���United States v, Wynn.* {District Court, E. Z>. Missouri. January 30, 1882.) �1. CONSTITOTIONAL IjAW — iNPAlHOUS CliIMBS— AuTICLE 5 OF THE AmBNDMENTS �TO THE Constitution op ikb Unitep States Constmokd. �No crime is iufamous, within the meaning of article 5 ol' the amendments to the federal coiistitution, unless expressly made infamous or declared a felony by an ect of congress. �2. Same — Same— Stealino fiiom thb Mail — Praotice — Informatioit. �Stealingfrom the mail is not an infamous crime and may be prosecuted by Information. �Motion in Arrest of Judgment. Drummond e Smith, for the United States. Pawi Safceweii a,nd G. M. Steward, for defendant. Treat, D. J. An information was filed against the defendant, under the second clause of sootion 5469, Rev. St., which section is as follows : �"Any person who shall steal the mail, or shall steal or take from or out of any mail or post-office, etc., any letter or packet; any person who shall take �•Repoited by B. F. Kei, Esq., of the St. Louis bar. ��� �