The New York herald., 1870-11-24
UNITED STATES SUPREME COURT.

Validity OF the Seymour a. Morgan ReapIns
Machine Patent-InsDection and License of
stcanboats on Inland Waters.
WASHINGTON, Nov. 20, 1870.
Argument In No. Gao was suspended, to be con-
cuded ON Monday next. BY arrangement between
counsel, and the Court proceeded to hear
No. ESQ., Iyiuiam H. Seymour aAd d. s. MORGAN
rs. Daoid N. osborne 1t ai.--Appeol nom the circuit
Court for the N0stherA Dsst,1ct OF Netc York-This
Is suit brought upon dve distinct patents relating
TO improvements In reaping machines and the auto
matte rakcs ana wheels connected herewith, tho
appellants claiming that the appellees were guilty
OF infringement. The court below i0und for the
defendants and dismissed the bill. and this appeal
Is taken to review that decision. II II nssted that
me opinion below Ia favor OF the appellees was
founded upon two radical errors; one In assuming
that neither tine invention OF the appellants nor that
OF their asslgnors was such Justify their patents
IN IN coysfins mecnsncs. eaniyaents ana the other
and useful. old not require Invention The Court
held that the invention OF the appellants Assignor
01 the combination OF the sweep rake with the quad
rant-shapcd platform directly behind the cutting
apparatus was not Of q KIND which would entitlc
IN the means OF combining those portions. This Is
tee hrst error claimed above The otnor point was
tnst neither the appellants nor their assgnors were
the nrst who had invented ana described auto
matte rake In eQmbinatlon with the cutting appa-
ratns ana other rcrts Of harvesting machines tneir
alleged ingention Neng merely combination OF Old
parts which required no Invention. Many other
points are raised mostly OF technical character.
and insst that the patents Mvsyed IN the suit are
ior mere ereets 9r results ana Hot ior amy inven'
ants Wight Tor appeecs Sa% l0' appel
No. Al.-Suomitted on printed points, The
Steamer Daniel Bau u.s. The United S-ates--
Apleas mon. the Circuit court Jor the Western Dks.
trsct OF Michigan vThis was libel Of Information
OH behalf OF the United States against the steamer
to recover penalty claimed TO have bc0n forfeited
by the owner Of the steamer on account OF not hay
ing procured an inspection thereof ana obtained o
license while employed In transporting passengers
and merchandise Oh Grand river, In Michigan, a.
required by the navigation acts Two questions
arose-whether the steamer was running on Daviga
bic waters ~ the United states ana, second,
whether the statute waa applicable to navigation
on such waters between ports and places or the
same state. The C0urt bolOw held that tho waters
as to Of Msss Sss NO n
this country, the fact Of nayigableness depending
not upon the ebb or 1ow OF the tide, but upon the
navigable capacity Of the waters. On the second
point it was heid that a. the voyage,
though commenced and ended within ihe
freight from one stale TO another, it forms
link IN commerce among States and the vessel 80
m y % ns laws under
the questions to be reviewed, the government sub
mtting the correctness Of the decision and the
owner OF the steamer eontrovcrting It. A. I. Aker
man, Attorney General for government; A. 7. Me-
Reynolds for appellant.
No. 243.-Submitted on printed points Wultam
II. Fiesa, plai1ittt, de-, rs. Wiuane NJ Harrington
ct dl.-E,ror to the Circuit Court r0r the Eastern
Dtsts,ct or Arkaasas-Ths u . suit by factors TO
recover certain advances made ON merchandise left
with them for sale. The only question involved Ia
OF fact-whether they received certain instructions
to sell before decline In price not The factors
CLAIMED they did not, and hence they Gid not sell;
and the conslgnor that they were instructed To sell
and they did net. The Judgment was for the fac.
tore, and the paintn In lts reversal on
the proofs. Watkins and Rose for plaintiffs IN errors
A. II. Garland Tor defendants