, 1873-02-26

that tho railroad company tho ncl! Of Kcck for
s Or fGy pe 1
eYenco Of ill., and II is net calculated to uiscad shy
% hs @ ap q
Koek init IS % reasons nboyS stated ts. cannot 20
fes ssa.lns Ill | rio a%t Il !spasa
bsrdsn i npon hin to show ae. In this thni, tic tic
plaintiff. have failed. -
sued J. BROOKS Johnson h Co. 70 tho yalno of
tho pork In Cincinnati, hns affirmed tho te In them;
but tho naits at bar were commeneed On shs 29l Of
August, 1872 and tho slt In Cincinnati on tho foow-
doneo. THO nrnt hnit co'nn1encod 4 tho two aro in
Mancius, ~ johnson, 1870; Rodorwooa '. Clark, 70
therefore ind tho defendant not guilty, aud that
nl,its WAS In tho defendant, Kocf.' =:
THE COMPULSORY USE OF PATENT NJ plsTnLEns.
Tho "distillory motre oase," Us 1t has been
called, waa yesterday decided by the Unitod
States CircuiN Court Judge Blolgott presiding.
It will be Heen that His Honor, aftor stating tho
faotH, illustrates tho law an to tho compulsory
uso Of tho patented metre, and refors TO tho
power of Government to prescribe tho uso Of
such articles. Tho opinion Of Judge Dlodgott
was ~ follows: .-.....
This s an action Of asaunpsit for 81 $780, money had
nsna r n s nS
that Tie aum Of 500 lnentioned IN tho declaration
not bud md feee!sea BY defendant a. TIC money
the money Il one Isaac r. Tlce That hesotofore TO-
VII on Tie lat day Of June 1867 plaintiffs were dis-
sas ~ saes dssiss, according 10 hs raes
tons prescribed BY the Commissioner of Ter
spirt motors rnanutsotured at tho olty ot New Yest
turer thereof, which rulcs and regulations In sub
stance required tint al diatilcrs should maks app-
sss2sR & ss q ssn %
wero situated for said nnaters by said
i e. - sss i qsss''s 9s ss
aEded e sad ec when Tco should shp tho ser
q @ I e + Mm @ Il ID esed ds aspns
Collector PLAINTIFF being such aaG9a On 3
writing for certain spirit meters to aaid defendant,
who was then Collector Of informal neycnue tor tho
posea wiz ths defendant ths said money q said dec
aration mentioned to Pay tho purchase price Of ssd
sss nj. e. ssa ana
said :fice who shipped aaia meters hy re-, r.
sponelblo carriers to plainta. nt rso. ora after. ~
dny BY plaintiff FeS sfo,s;Sa I'D
Wherefore defendant saith that saS moneg a NJ 1s of
I'D ssa isfsxsa f;sss y T. % ee. became ana
said plaintiffs. e lasine sa tic QUESTION Of
whether tbo iacts alleged constitute defenso
to the action, 80 ,s''
provided tat whenevor DO oonntssoaef - of intsrna
Revenue shall adopt ind prescribe for in d!sl-
saa ~ any mtr ev,y S"r sgsn Or Ni.
the 10th Of September 1868, the Commissioner OF in-
distnerles he spirit meter invented BY Nj. 1ssao F.
Tee, which 1t apnears, Ind aleo heen adopsed and
Rnk nf
March q ls87, md waa subsequently, recommended by
tho oontmasioness appointed BY Joint resputiou of
regulations adopted by the 0omuissioner Of internai
Mssenns At ha tine nf e:png sAia meter te Gen.
meter 80 adopted had been patented to Mr. Tlce aud
that be nouc had the right 10 nuke and sell tie same
bnt that By ~ agreement Sutween tho
nntera should ho sold had been a1ed by Committee
Of three adtful and practical nechanics two Of whom
by A1r. tTfco. Tho regulations then provided that
10 order to obtain such loters dls!eEa should mako
was sassa '"s ana ..
R aspo ID sass pe
aud the COLLECTOR viii certify upon biz application that
cation 10 the ofce Of tho Commissioner Of Internal
Rayenue, for transmfesion to Nj. Tice. In btu spp-
esion the dissr Esa also required state 1o means
OF access to bis dtstlery Whethcr by Railroad steam.
boat Or canal and with Hhat points the dtati1lpry was
connected by e1thor OF these modes Of conveyance.
And upon the delivery Of The meter to the dlssr Tie
to h1r. Tics. -
+ VII 10 that t,e pea ss.. substantial nnd
almost literal compliance with tho stasute and regula-
uona under 1t.
The act Of oongro4s authorized tho oom1nlas1onor of
s ;s Il op sts1 % al
ESs 20 adopea the paintiaa ers their d.
% ~
plaintiffs applied for certain meers, pursuant to the
rules aud Iegulslons in TINT regard and deposited
essa or q ehs ~ Hpnsy Tssus
upon - ,,Reneral, demurrer that: tie price
Il deposit payable p sueh was hs
reqairsmoat of th9 Eulos the meters wero ordered.
S ; snd ssyea St by
uncate at depoait to Tice. =. - !,
do not see how 1t can bc claimed that defendant
cortaeate of deposit wa % not money, aud defendant
could not convert into money except by forging the
nS e. m9ass s % to s as 5 ss
money Of plalntiffs. And even Il It should BE- held
that defendant dsregarc tho letter Of tbs rules and
Tcs for tho meters ordered instead Of the certIaeate
Of deposit, still the moment rlco complied win tho
money became tho money Of Tco md defondaut was
This Court has no doubt Of the right OF Congress to
compel dlstlerB to ax certain neters to thar stils
business ot dailing and tho meter adoptad Is tha
VI katsttf LAC oe W
purchase Of tho patented, what ia cquvaoptto that
hccansa rests with tho patentee only say whether
he will monopollze the manufacture Of his patented
article, or allow others 10 manufacture on terms.
Mo can no principle Of Inv which would pre-.
vent tho Commissioner Of . Internal . Reyenue
from adopting for use eersaln meter because 1t WAS
patented In this caae tho Government took the pro-
caution to protect the dsttllera by limiting the price
to rato 1ed by m impartial committee aud this, 1t
aeems to me, was al 1t was bound to do. -.
Of ceratn meters locks other devices whereby
It exorcae proper surveillance tho business Of
diaters "a incident to tie power TO- raiso royenne
BY tax on manufactured products, and when the
Government By It's proper officers haa prescribed the
terns upon which person can be allowed to engage
In the business Of dlsttitlng. and any porson
ceptod those termB and eered upon the business, It
tion thotr. binding force upon him Afterwards. To
elected to carry tho brsincsa on tho ter1us I'M
posed, and should not ba heard aftorwurils to leny
that those terms are binding on him.
Tho defendant In this caso u only mero stake
bnldeF admitting thnt In evar EaJ 4,,o ,,,,.r,