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# Yale Lock Manufacturing Company v. Greenleaf

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United States Supreme Court
117 U.S. 554
Yale Lock Manufacturing Company v. Greenleaf
Argued: March 29, 1886. ---
This was a bill in equity brought by the appellee, Halbert S. Greenleaf, to restrain the infringement by the appellant, the Yale Lock Manufacturing Company, of the first and fourth claims of the reissued letters-patent granted to George Rosner, July 25, 1871, for an 'improvement in permutation locks.' The original patent bore date September 18, 1860. The defense was that the alleged invention, and substantial and material parts thereof, claimed as new, were, prior to any invention thereof by said George Rosner, known and publicly used by divers persons in this country, and that among such persons were D. H. Rickards, of Boston, and the firm of Evans & Watson, of Philadelphia. The circuit court decided that the patent was valid, and that the defendant had infringed, and, upon the report of a master of the damages sustained by the plaintiff, rendered a decree in his favor for $2,968.50. The present appeal brings that decree under review.
Frederic H. Betts, for appellant.
Geo. T. Curtis and Edmund Wetmore, for appellee.
WOODS, J.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# Yale Literary Magazine/Volume 85/Issue 754/Moon-Rise

MOON-RISE.
I own I have been startled into fear To see upon some dark December night The stricken fields and slopes grow strangely bright And fairy shadows silently appear, And at that melancholy time of year When only stubble shows and earth is cold, To see the landscape filled with waving gold And sudden harvests gleam where all was sere; Yet must I think it stranger still to find How when the heart is at its winter time Of barrenness and drear sterility, Such glimpses raise a harvest, suddenly, Of golden sentiments, whence sky-larks climb, In the illumined landscape of the mind.
Amos Wilder.
This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1993, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 30 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# Zoological Illustrations Series II/Plate 102

PTILIOGONYS cinereus. Male.
PTILIOGONYS cinereus, male.
Yellow-vented Short-foot.
Family Laniadæ. Sub-fam. Tyranninæ. Genus Ptiliogonys. Nob.
Generic Character.
Zool. Journ. no. 10. p. 164.
Specific Character.
Light cinereous; flanks olive; under tail covers bright yellow; quills and tail glossy blue-black, the latter ornamented with a central snowy band; chin and vent white.
For Synonyms—see pl. 62.
On the sixty-second plate of these Illustrations, we figured the female of this elegant and highly interesting bird, from a specimen sent to us from Mexico, by the late Mr. W. Bullock. We are now enabled to add the male from a fine example, obligingly presented to us by John Taylor Esq. F. R. S. It was killed near Real del Monte; and these, we believe, are at present the only specimens that have reached England.
By viewing this as the type of the Scansorial group of the Tyrant-flycatchers, (Tyranninæ) every circumstance, even the most minute, regarding its structure and its colours will be explained. As representing Brachypus, (North. Zool. 2. 485.) and its analogies, it has the under tail covers richly coloured. As representing Leiothryx (Il. 490.) it has the same coloured cinereous and silky plumage: as a scansorial type, it has a conspicuous although an incumbent crest, and a long ornamented tail. It is a Titmouse among the Tyrants, and is nearly as much of a Ceblepyris as of a Tyrannus. Indeed, when we described the female, we thought it actually entered the circle of the former, but the laws of representation has set us right on this point. Phœnicornis is the first of the Ceblepyrinæ, as Philiogonys is the last of the Tyranninæ. The females of Phœnicornis are clothed in the same slate coloured plumage, but, as being of a fissirostral type, their mouths are conspicuously bristled, while those of Ptiliogonys are quite smooth. Finally, the wings are those of a Ceblepyris, but the tail that of a Tyrannula!
# Zoological Illustrations Series II/Plate 10

UNIO Pl. 1. U. truncatus
UNIO truncatus.
Truncated River Mussel.
Acephala Dimyaria. Sub-family Les Nayades.—Lam.
Synopsis of the Genera.
Unio. Shells with lateral and cardinal teeth, the latter short and deeply divided.
Hyria. Lateral and cardinal teeth distinct; but the latter lengthened, and united to the former by irregular dentations.
Iridina. Teeth consisting of a single crenated line, parallel with the ligament.
Anodon. All the teeth either obsolete, or entirely wanting.
Alasmodon. Lateral teeth none; cardinal teeth simple, or slightly divided.
Specific Character.
Shell thick, oblong, sub-cylindrical, within pearly, umbones close to the anterior margin, which is truncate; posterior extremity narrowed.
In our former Series, we have frequently mentioned the Fluviatile Bivalve Shells, of which the genus Unio appears to be the type. In a group which present so few certain characters, either for discriminating the species or characterizing the genera, we have, with other writers, held different opinions at different times. And the reader has only to peruse an interesting paper on these shells, in the Zoological Journal (Vol. I. p. 53), to be convinced of the intricacy of the subject.
Nevertheless it is observed, by those who study natural affinities, that when the links between two distinct forms of animals are so complete, that their dissimilarities are lost in intermediate and undefinable gradations, it is then that the natural arrangement is most likely to be discovered. For it has been demonstrated in such groups, that the most perfect order and harmony will come out, of what appeared an inextricable entanglement of relations. Such, however, will never result from the belief in a simple scale of Nature, or by attempting to circumscribe groups by absolute characters. We therefore now offer the foregoing sketch of the natural divisions of the Nayades, as the result of all we have seen or read upon this difficult subject.
We are unacquainted with any described species to which the shell here figured can be referred. Its substance is very thick, and its form nearly cylindrical. We have seen but one specimen, and that was with Mrs. Mawe.
# Zoological Illustrations Series II/Plate 100

MURICINÆ. Pl. 3. Murex euristomus
MUREX (Centronotus) eurystomus,
Wide mouthed Murex.
Family Cassidæ, Sub-family Muricinæ, Nob. Genus. Murex Auct.
Synopsis of the Sub-genera.
1. Typical. :
| Canal very long: Shell armed with tooth-like spines mostly arranged in three varices | Murex Auct. |
| 2. Sub-Typical (?). ||
| Canal very long: Shell without spines, varices tuberculated. | Haustellaria. Sw. |
| 3. Aberrant. ||
| Canal moderate: Shell with foliated or compressed varices. |
| 1. Varices foliated, mostly three. | Phyllonotus. Sw. |
| 2. Varices numerous, mostly acute. | Centronotus. Sw. |
| 3. Varices compressed, fin shaped. | Pterynotus. Sw. |
Specific Character.
Shell with from 7 to 8 simple foliated varices; body whorl with three brown bands; aperture effuse, tinged with rosey; umbelicus very large.
Murex Saxatilis. Auct. Lamark. 7. p. 167. Martini. pl. 108. f. 1013.
We feel some surprize that Lamark should have viewed this large and imposing Murex as one of the varieties of Saxatilis, from which it is unquestionably distinct. It is by no means common, nor do we know its precise locality.
In directing the attention of the philosophic Zoologist to the above synopsis, we feel called upon to express our opinion on the unfortunate Denis De Montford, whose labours, however honoured in his own country, have neither been understood nor appreciated in this. We can say of him, what can be said of very few, that he had an intuitive perception of natural groups. And if we cannot place him on a par with his great rival Lamark, in the extent of his researches, or the polished accuracy of his names, we can safely affirm that in other respects, he is fully equal, either to him, or to any of his successors.
There are some extraordinary analogies between the natural types of this genus, and the series of vertebrated animals, which we cannot at present develope. Nor can our doubts on the Sub-typical form, which we rather think has not been discovered, effect any alteration of the series here pointed out.
# Zoological Illustrations Series II/Plate 106

LEPTOCIRCUS Curius.
LEPTOCIRCUS Curius,
Clear-winged Butterfly.
Sub. Family Papilionæ. Genus Urania. Sub-genus Leptocircus, Nob. (Erycinian type).
Sub-Generic Characters.
Size and aspect of an Erycina; Anterior wings sub-hyaline; posterior greatly lengthened, and terminating in two long tails; Head, thorax, and body very thick; Anterior feet, palpi, and Antennæ papilioniform.
Specific Character.
Black; the exterior half of the superior wings hyaline, bordered with black, inner half with a green band, continued on the inferior wings, which are plicated, and edged externally with white.
Papilio Curius Fab. Ent. Syst. 3. 1. 28. Don. Ind. Ins. pl. 47. f. 1. bad.
There are only two collections we believe in this country, which possess this rare and extraordinary butterfly, and it may be even doubted whether these specimens do not belong to distinct species. One is in the Banksian cabinet, now possessed by the Linnæan Society, the other in that of the lady of our friend J. G. Children Esq. Zoologist to the British Museum. We are told the species has been "made into a genus" by some continental methodist, but who, according to the disreputable and slovenly mode fast creeping among us, gives no definition. We have elsewhere expressed our reasons for rejecting all such names (North. Zool. 2. pref. lx.), and we are thus pledged to do so upon every occasion.
Nature has so admirably disguised this insect in the external form of that tribe of butterflys which she intends it to represent, that it was only upon looking to its anatomical construction, that we discovered it was a type of the true Papilionæ, and not of the Erycinæ. The construction of the anterior feet, of the head and palpi, and of the antennæ, all which are here represented, magnified, places this fact beyond doubt, and leaves us nothing to desire but a knowledge of its caterpillar and chrysalis, and of the direction of the wings when the species is at rest. We suspect that like those of Urania, they are then deflexed.
# Zoological Illustrations Series II/Plate 1

Sapphire crowned Parrot fem.
PSITTACULUS vernalis.
Vernal Parrakeet.
Family Psittacidæ.—Vigors. Genus Psittaculus.—(Lesson. Man. 2. p. 148.)
Specific Character.
Green, with the head more splendid; bill red; rump and upper tail covers scarlet; spot on the throat orange.
Psittacus vernalis. Sparman Mus. Carl. Pl. 29.
Psittacula vernalis. Gen. Zool. 14. p. 144.
The Vernal Parrakeet has hitherto remained unfigured, except in the scarce and little known work of Sparman: nor was its native country ascertained, until recent travellers discovered it in the islands of Java and Teinor.
This is one of the smallest of parrots, scarcely exceeding five inches in length; the feathers of the head have a silky texture, and their colour, in some lights, is particularly vivid: the tail and the wings are green above, but of a rich deep blue beneath; a character said to be equally conspicuous in P. galgulus L. The spot on the throat, in our specimen, is orange.
In respect to the situation of this bird among its congeners, we retain it, provisionally, in the genus Psittacula of Brisson & Kuhl, adopting the termination used by M. Spix, to avoid the alteration of specific names. We have not yet had leisure to study the new divisions made in this family, with that attention they deserve; but it strikes us, as a defect in the genus Psittaculus, that it unites birds of the Old and the New World in one group. Except in their size, no two parrots can be more dissimilar in construction than the Indian P. vernalis, and the American P. passerinus. In the first, the under mandible is smallest, narrow, and rather pointed; the first quill longest; and the tail feathers rounded. In P. passerinus, the under mandible is largest, high, very thick, and quite obtuse; the second quill longest, and the tail feathers acutely pointed. These may be usefully employed as sectional characters, until the contents of the two groups are better understood.
# Zoological Illustrations Series II/Plate 104

PROTESILAUS Swainsonius.
PROTESILAUS Swainsonius,
Swainsonian Swallow-tail.
Sub-family Papilionæ. Genus Amphrisius. Sub-genus Protesilaus. Nob.
Sub-Generic Characters.
See pl. 93.
Specific Character.
Wings pale straw-colour; anterior with a forked band near the black exterior margin, and another much shorter towards the middle, both black.
Papilio Swainsonius. Langsdorff, MS.S.
Mus. Nost.
We have searched in vain for some account of this very distinct and handsome species, collected by our venerable and enthusiastic friend Dr Langsdorff, in the interior of Brazil; and transmitted to us some years ago, in remembrance of the many happy days we passed together in the enchanting scenery of that delightful region. We have not seen the species in any of the London collections, and we believe it altogether undescribed.
The Larva and pupa are of course unknown to us, but the whole structure of the perfect insect agrees so truly with that of Protesilaus Lelius, that we have no doubt whatever of its belonging to the same sub-genus, and thus becoming an interesting addition to a group, capable of the most complete and diversified demonstration.
# Zoological Illustrations Series II/Plate 105

PODALIRIUS Pompilius.
PODALIRIUS Pompilius,
Pompilius, or Javanese Swallow-tail.
Sub-family Papilionæ. Genus Papilio. Sub-genus Podalirius. Nob.
Sub-Generic Character.
Wings trigonal, acute, yellow, with black transverse bands, the inferior with two long narrow acute tails; Antennæ short, the club thick and solid at the base, but greatly compressed at the tip, where it is concave beneath; head small, front hairy; Larva smooth; Pupa braced in an erect position.
Type Podalirius Europæus. Nobis.
Specific Character.
Wings above pale yellow, the anterior with five short, black, stripes across the areola; and two others, much longer and broader, close to the exterior margin: posterior wings without lunulate spots.
Papilio Pompilius. Fab. Mantissa 2. p. 8. Ent. Syst. 3. 1. p. 25. Ency. Meth. 1. p. 49. Horsf. Cat. pl. 3. fig. 5. 5. a. (larva and pupa.)
We may term this the Javanese Swallow-tail, for in that and the other Indian islands it appears to be not uncommon. We are indebted to the elegant Catalogue above quoted, for our figures of the larva and pupa; and to the rich collection of Mrs. Children for the examination of the perfect insect.
Entomologists will doubtless feel surprize that this and the Protesilaus on our last plate, should be placed as distinct types in two different genera. We have not done this without long deliberation; but we cannot, in a work of this nature, enter into those details which would demonstrate these divisions to be truly natural, in the most rigid acceptation of the word. We desire not, however, that Entomologists should adapt our views,—at least for the present. We hope, indeed, that they will not, because experience has shewn, that until a theory has been fully explained, more injury than good results to science, from injudiciously adopting, and hastily applying, a system not understood. We only desire, in short, to record our views, that they may be comprehended hereafter. We consider this as the Thrysanuriform type of the sub-genus, and our English Papilio Machaon of authors, as the Heliconian.—Tempus ducamus.
# Zoological Illustrations Series II/Plate 101

POLYDORUS Thoas.
POLYDORUS Thoas,
Polydorus Butterfly.
Sub-family Papilionæ. Genus Amphrisius. Sub-genus Polydorus. Sw.
Sub-Generic Character.
Anterior wings horizontally narrow and obtuse, posterior perpendicularly lengthened, and furnished with prominent spatulate tails; Larva covered with fleshy tubercles; Pupa braced and suspended, but with the head downwards.
Types, Pap. Polydorus. Polystes. Romulus. &c. Auct.
Specific Character.
Anterior wings brownish black, with darker stripes between the nerves; posterior, black with a central five-parted spot of white; lunules round the margin, obscure above, bright crimson beneath.
Papilio Polydorus Linn. Cramer. Pl. 128. f. a. b. Fab. Ent. Syst. 3. 1. p. 9. Ency. Meth. p. 72. No. 130. Horsf. Cat. pl. 3. f. 17. 17. a. (larva and pupa).
Among the most remarkable of those laws which belong to the natural system, is that which assigns to every great division of our globe its peculiar races of animals: and these in numerous instances, are so marked, that a naturalist would no more expect to find such genera inhabiting a different continent, than a Physiologist would hope to discover a race of Hottentots among the Highlands of Scotland. It is under the tropical latitudes of the old world (and chiefly those of Asia), that nature has placed the group of butterflys which we now, for the first time, characterize. Distinguished, in the most beautiful manner, by their larva and pupa, they shew, even in the external appearance of the perfect insect, an unerring distinction, in the dark stripes between the nerves of the anterior wings. We have indeed, in the tropics of America, a race of black and crimson butterflys representing these of India; but they belong to a very different group; and are known at the first glance by their broader wings, totally destitute of the stripes just mentioned.
M. M. Latrielle and Godart, are evidently mistaken regarding the insect figured by Clerk, which they consider to be the female of Polydorus; this error we have ascertained from fine specimens of both sexes, sent from Java and now in our possession. We have figured the male, and Dr. Horsfield has enabled us to add the Caterpillar and Chrysalis.
# Zoological Illustrations Series II/Plate 103

PLECOCHEILUS undulatus.
PLECOCHEILUS undulatus.
Waved Pupa-snail.
Family Pupadæ. Guilding. Genus Carychium. Muller.
Sub-Gen. Plecocheilus. Guild.
Sub-Generic Character.
Animal hermaphrodite, snail-like; the head bilobed, and bearing four tentaculæ, two of which are long and terminated by the eyes; mandibles greatly lunated, with a small transverse mouth and a triangular cutaneous plate; mantle perforated. Eggs large, externally calcarious. Shell oval, ventricose, the two last spiral whorls very short, but elevated; aperture entire, elongated; outer lip thickened and reflected; inner lip thin, nearly obsolete; pillar with a strong compressed inflexed plate. Guilding.
Specific Character.
Shell irregularly and minutely corrugated, and longitudinally striated; marked beneath the olive epidermis with oblique, undulated, dark stripes.
Carychium undulatum (1814). Leach. Zool. Mis. 1. pl. 35.
Auricula caprella (1822). Lam. Sys. 6. 2. p. 140. Chemnitz pl. 176, f. 1701.-2.
Plecocheilus undulatus. Guilding in Zool. Journ. 3. p. 532.
The pleasure which our scientific brethren will receive from possessing this copy of Mr. Guilding's beautiful drawing, will be changed into regret on knowing that the gifted hand which originally traced it is now cold. A liver complaint, doubtless brought on by too much exposure to a tropical sun, terminated the mortal career, a few months ago, of this accomplished Zoologist and excellent man. The name of Guilding now belongs to posterity. His loss, and that too in the prime of life, leaves a blank in the ranks of science, which there is no one so qualified to fill; where can we look for profound and indefatigable research, matured knowledge, a ready pen and an exquisite pencil, all employed unceasingly to illustrate from life the animals of tropical regions. The search, unfortunately, will be fruitless. May his spirit now be with that God whose minister he was, and whose works upon earth it was his purest delight to study.
This noble species was discovered by Mr. Guilding, in great numbers, upon the trunks and branches of trees in the forests of St Vincent: its eggs are hard like those of a bird, and the young shell resembles that of a Succinea. In Carychium the eyes are at the base, but here they are at the tips of the tentaculæ.
# 1911 Encyclopædia Britannica/Acclamation

See also Acclamation on Wikipedia; and our 1911 Encyclopædia Britannica disclaimer.
​ACCLAMATION (Lat. acclamatio, a shouting at), in deliberative or electoral assemblies, a spontaneous shout of approval or praise. Acclamation is thus the adoption of a resolution or the passing of a vote of confidence or choice unanimously, in direct distinction from a formal ballot or division. In the Roman senate opinions were expressed and votes passed by acclamation in such forms as Omnes, omnes, Aequum est, Justum est, &c.; and the praises of the emperor were celebrated in certain pre-arranged sentences, which seem to have been chanted by the whole body of senators. In ecclesiastical councils vote by acclamation is very common, the question being usually put in the form, placet or non placet. The Sacred College has sometimes elected popes by acclamation, when the cardinals simultaneously and without any previous consultation “acclaimed” one of their number as pontiff. A further ecclesiastical use of the word is in its application to set forms of praise or thanksgiving in church services, the stereotyped responses of the congregation. In modern parliamentary usage a motion is carried by acclamation when, no amendment being proposed, approval is expressed by shouting such words as Aye or Agreed.
# 1911 Encyclopædia Britannica/Accompaniment

See also Accompaniment on Wikipedia; and our 1911 Encyclopædia Britannica disclaimer.
​ACCOMPANIMENT (i.e. that which “accompanies”), a musical term for that part of a vocal or instrumental composition added to support and heighten the principal vocal or instrumental part; either by means of other vocal parts, single instruments or the orchestra. The accompaniment may be obbligato or ad libitum, according as it forms an essential part of the composition or not. The term obbligato or obbligato accompaniment is also used for an independent instrumental solo accompanying a vocal piece. Owing to the early custom of only writing the accompaniment in outline, by means of a “figured bass,” to be filled in by the performer, and to the changes in the number, quality and types of the instruments of the orchestra, “additional” accompaniments have been written for the works of the older masters; such are Mozart’s “additional” accompaniments to Handel’s Messiah or those to many of the elder Bach’s works by Robert Franz. In common parlance any support given, e.g. by the piano, to a voice or instrument is loosely called an accompaniment, which may be merely “vamped” by the introduction of a few chords, or may rise to the dignity of an artistic composition. In the history of song the evolution of the art side of an accompaniment is important, and in the higher forms the vocal and instrumental parts practically constitute a duet, in which the instrumental part may be at least as important as that of the voice.