The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-11-01
THE COURTS.
SUPREME CouRr or Tur UNITED STATES
l.,,,r,I1u Oefa.I<r M IQaO

SUPREME CoURT or THE UNITED STATES
Saturday, October 30, 1909.
TIE wooD.PAPER MANUFACTURING CASE.
The American Wood.papcr Company, ap-
pellant, We. Jacob d. Hef, 8. A. Rudolph,
aud John W. Dixon. Appeal from the Cir
cult Court for the Eastern district Of Penn.
sylvaula. The American Wood-paper Com
pauy, incorporated by the Legislature Of
Rhode Island, Is the assignee Of the English
and French improvements for the manufac-
ture Of paper from wood (by boiling in caus-
tic alkali until reduced TO pulp,) and of an
American improvement In boilers for that
use, under patents taken out In this country,
which Il Is claimed the appellces have In
fringcd, by manufacturing aud selling paper
and paper pulp manufactured by the dcscrip-
lions set forth, and by means OF processes
and machinery described In the specifications
annexed to the letters patent. Tho bill
sought TO restrain the appellees, Philadcl-
phia hrm, from the manufacture OF such
paper aud pulp, and prayed that all infrlng-
Ing paper or pulp In their possession be |
destroyed or delivered up 10 the appellant.
In the Clrcut Court, Mr.. Justice Grier |
held that so far as the alleged improvements |
In boilers were new and pateutabic, they had |
not been infringed; that the re-issucd pat.
cnts for the English improvements were lilo
gal and void, having been obtained on the
false pretence OF seeking correction OF the
specification, when the real intention was TO
change the Invention that the French In
provemcnt was not infringed, because the
process used by the nppellecs did not require
the minimum pressure to the square Inch
employed by the patent. Mr.. Justice Cad
walader concurred with Mr.. Justice Grier,
In respect Of the two former patents, but
thought there had been an Infringement Of
the latter. This difference Of opinion, how
ever, did not save the case Of the appellant,
and the case was dismissed In order to en-
able the company to appeal.
Harrison b. Mead, of Fort Edward, Wash
iugton county, New York, now lntervenes
and moves that the appeal be dismissed,
alleging that II now presents only felgned
issue, the controversy having been composed
between tho parties TO II since the decree of
the Circuit Court. Il Is averred that the
appellees have no further interest In the
matter, having been Unidentified by the APP
pellant, and that the suit is now carried on
for the purpose Of obtaining Judgment In
this court on which to found an application
for an injunction against large number OF
persons In the manufacture OF paper by
similar process for alleged infringcmcnts of
one or more OF the improvements whose
validity Is at Issue In this cause, one Of whom
Is the intervenor, and against whom this
company has brought suit by complaint
precisely like the bill at bar.
Proof to sustain the motion having been
taken, It was now argued. General b. F.
Butler for the motion; T. A. Jenkes, op.
posed.
In CHAMBERS - Before Judge Olia.-A
case involving very advanced ideas Of social
questions came before Judge 0lin In
Chambers Saturday, but the chancellor did
which II involves.
ron A RESTITUTION OF CosJUGAL RiGHTs.
Marcia Brizette Delacamp VS.. VIM. Henry
Delacamp. This case came before Judge
| DIN yesterday upon an application for an
order, In the nature OF n writ Of ne Great, TO
restrain the defendant from leaving the Dis
trict OF Columbia without giving bond to
answer the result Of this suit. Judge DIN
made the order asked for.
This Is suit In which the wife states that
she was married to her husband In Ham.
burg, at St. Peters cathedral, by Rev. Mr..
| Ritter; that she has been q faithful wife to
him, and five children have been the fruit of
the union, the eldest Of which, a boy, Is still
living, three Of the others dying shortly
after their birth. She AYERS that he has
ceased to cohablt with her since last Noyem-
Der, and has often solicited her to consent to
a divorce In order that he might marry her
sister, promising In that event to provide for
her during life, but that she has refused, In
consequence Of which he has declared that
he intended to seek State In which he could
obtain divorce from her; that he has made
her such proposition In letter which be
len with her In August, 1868, before start
tion Of conjugal rights and alimony, repre-
seuting that her husband has property In this
city worth $4,000, and Is engaged 10 q large
business In West Virginia.
The letter referred to In the bill, dated
Washington, August o, 1868, is filed as an
exhibit. We publish 1t us unique adden-
dun to the articles on marriage aud divorce,
published In this paper few months since:
| CONTRIBUTION TO SOCIAL SCIENCE.
The letter Is as follows;
DHkR BaIzErrE: The subject on which am
writing the following lines has engaged my
attention for long line, and although by a
correct view and Just appreciation of the
characters which come herein into play, the
whole appears to be very simple, yet have
my doubts II the conveyance OF the informs.
YOUR temper, and thereby prevent n fair and
cool consideration of the question Involved,
have no no, assurance that you would consider
conveyed, and prefer to do 1t In writing, be.
cause that way 10 more preferable for a fair
consideration Of the question involved than a
need not call your attention to the fact
that although am married In name yet am
condition Is my own and willing doing. You
know you. bodily condition. how much you
lose What had been sns @hs ~ io,mesy 70
ness 10 have a cheerful time for few DAYS dSvs
Z again on account OF secret defects"
+ After stating that he had determined to
cohabit with her no more he adds that he
, sis yet young man, and would consider II
, below my character to follow tho course of
most other men," He then mentions his
particular love for children and the sorrow
, OF his relatives ut the early death OF his Off
spring. He continues thus:
Nowhere could be found au easy way to &c,
out Of this trouble. Your peace would not be
disturbed, and still the claims that make for
Ia our Christian states, monogamy was no,
4 alton o. cireumstsnces, giving so many inf
nitely different alterations OF the married state
/, that thereby many crimes are caused, which
after modification of this rigorous law
] would not exist. II this law did not exist al
OF us could be satisfied. would then say I,
r tion to my taking a second wife, which i wan
10 do on account Of your feeble health, ant
would not ia fact take frsm you any OF you
T old.time consort who hns.already for so long
time shared with US goodAnd bad, and who hal
for so long time been 40 nearly connected
I OF us-a piece OF US. Nothing In our small
: circle would thereby be altered; all would b,
: Satisfied, and Joy and satisfaction, which ! a
hoJn. This would obviate the difficulty In tn,
most simple and natural manner. No on,
r would lose anything-all would gain. Blu
y this way is prohibited by priests law. W,
! may however take similar one. Just thinl
4 how 1t would be II we were allowed to d.
away with the difficulty 10 the manner Abov,
5 mentioned, and as 10 law according to the Mo
hanmedan rule. The man there, for the purpO. :,
!, ofgettipg the privilege OF taking second wife
/ has to prove before court that he 10 able tS
support her, and 10 liable to severe punishment
7, In case he docs not fulfil the law,
. now THE MoHAMMEDAN LAW WOULD WORK u
wAsHisoToN,
@ would then prove before court that
already had, for years, comfortably supported
both oil youi that at present have no debts
and that my financial aifairs are improving
r Further. would In writing bind myself t
: care for both Of you for the future, and tn,
q matter would be settled. / would remarl
here that such promise before court In ny
. case would seem almost superhuous, oonsid
i ering my honest character. In fact all thi
0 eau he done, only the above rigorous law re
A quiIcsa formalify-it 10 In my eyes nothing
but Formally, yizi a divorce from you
whereby In my real relation to you not thu
i least alteration would be made. You are jus
/ as dear to me, be It as a wife or only AS = dsa
/ | friend, and to the same extent inseparabl
Z from me, To take Il In Its exact meaning yoI