New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-26
UNITED STATES suPREME COURT.

WASHINGTON Oct. 25.-No. 12S-MOses Var
ING agt the Mayor &C. Of Mobile error to the Supreme
Court Of Alabama. The plaintiff In error is merchant
~ Mobile and claims 10 e an importer Of salt into that
port. lie claims that the city, under authority Of the
State law, seeks 10 impose upon him tax ana penalty
for its uOn-payment saias which he alleges lie Illegal
heenns nm c0ct with thai clause OF Constitution Of
the United States which prohibits state from eyylng
salt +. brought from Liverpool by merchant
ships as ballast and Is laden on account OF the
shipOwners. These ships being unable TO come up
10 tho wharyes Mobile discharge their salt BY means
OF lighters down tho BAY alleged % he beyond the limits
Of te mort ana the pautG In error owns OF this
charaeir and receives tue enrC Of salt In the original
packages which nc brings up 10 thecty, formally paying
IN. nes aG ey b al hetre The eaTsoes
discharged upon tie plaintiff In errors iiEhter the
the ede imports In accordance With the laws Of the
United states Tie action was brought 10 restrain the
collection OF the tax com claimed O aud 10 enjon the
action o. tho penalty claimed Tor non pay ment Inc
Chance Tor granted ihe Junction nut the supreme court
OF the State reversed and dismissed the com
palnt writ of errvr was then taken 10 this Court.
The cause recently argued and now decided, MT.
Justice Clifford delivering the opu on of the Court IL 10
held that under The laws the United States regulating
imports and under the crcum,tsnces VI inc case as
slated above the plsut IN error not tho importer
~ Tbe so ff the mere purchaser from the importer
aud the fact he sold in unbFolen packages did not
exempt him from State taxation lie had not partaken
OF ay OF the risks Oi the voyage but Was mere pur-
chaser Of goods arrive. The owners OF the sup On
whose account the salt was laden. aud who had eopnet
with the lSws IN the matter OF disharpg by lighters
were be deemed the pOrters The Judgment Deios
No lao. lockwood. complainant. agt. Morey ct al
Appeal frOm the Circuit Court for the District Of Massa
csetts-Iho complainant IN this was the assignee
Of patent upon reissue for syringe, denomfnated
tho " Enema Sgrp0e." which, IL 4 alleged has been
infringed by the appellants Tho answer was that the
original paienees wers not the frss inventors as the
puuclpl5 claimed bad been long IN use prior 10 the
patent and the oueso. Of priority che chief matter
for determination lie ascertaned nom volumes Of ev
denCe and large number OF exhibits Ia the case. the at
being syrnges ot earlier make than the covered
ty tie cOnpla nanrs patent The judgment below waa
Tor the comp ainanf aud the cause thence came here
Court affirming the decree entered below holding thatn
sucienty sI2Sa @ me %sre Sag - ts
alleged. 1871
No. lO1Maguiro agt. Tyler et al. This Is the motion
20 reofm tho judgment In tho cOmin need on FIJI
DIV lGst aud cone uded today. Gen. Ewing appeared
I'd read the brief Which had been pared by as fathe
III OmaS Ewing, Sr and which he celebrating AZ the
ime OF his paraytc attack Judge Carts concluded ths
ARGUMENT ....., -. - 80,
this cause, before stated, Was coutanhed no