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Show will doubtless be deemed controlling 195 in the case at bar are there referred to . We see no ambiguity in or conflict between the Supreme Court decisions , and as we read the cases cited by ( Com- Com ) plainant we find no ( support suppoit ) for its contentions here . . In Cohens v . Virginia , 6 Wheaton 264 , Mr . Chief ( Jus- Jus ) tice John Marshall says at pages 399-400 : ( "It It ) is a maxim not to be disregarded that general expressions , in every opinion , are to be taken in ( con- con ) nection with the case in which those expressions are used . If they go beyond the case , they may be ( re- re ) spected , but ought not to control the judgment in a subsequent suit when the very point is presented for decision . The ( reason'of reasonof ) this maxim is obvious . . The question actually before the court is investigated ( with w-ith with ) care , and considered in its full extent . Other ( princi- princi ) ples which may serve to illustrate it , are considered in their relation to the case decided , but their ( pos- pos ) sible bearing on all other cases is seldom completely investigated . " As we shall endeavor to show , the above quoted ( in- in ) junction has been ignored by Complainant in its analysis of the cases . Before ( proceeding- proceeding proceeding ) to discuss ( Complainant's Complainants ) cases we will refer to one other matter , Although the digest of the ( testi- testi ) mony of certain witnesses appearing in the Appendix to ( Complainant's Complainants ) brief does not greatly concern us , we cannot conceive upon what principle of ( law law- law ) or procedure such Appendix is presented . In Utah Consol . ( Mining Alining ) Co . v . Utah Apex Mining Co . , 285 Fed . . 249 ( 8th C . C . , A . ) , where appellant sought to bring to the attention of the Court facts that had been ( de- de ) tailed by witnesses in the ( so-called socalled ) Lawson case , in which the nature of the same limestone bed in ( controversy controv-ersy controversy ) had been adjudicated , the Court said at page 256 : ( "Every Every ) opinion must be read in connection with all that is said in it , and the ( controlling- controlling ) principles of law which it announces are ( allied applied ) to the facts found within its four corners . In no other way is it an authority than on facts analogous to those found in it As said in ( Carroll Carrolt ) Lessee . . v . . of Carroll , 16 How . . |