National Republican. (Washington City (D.C.)) 1872-1888, 1879-02-04

The following decisions were rendered in the
Supreme Court of the United States yester-
day:
A PATENT DOES not SECURE THE RIGHT TO
SELL AS AGAINST STATE LAW.
No. III. T.. l.. Patterson We. Commonwealth
of Kentucky. Error to the Kentucky Court of
Appeals. In this case it is said that the right
to make use, and vend to Others the invention
secured by letters patent granted by Congress
in the exercise of its power to promote science
and the useful arts, is clearly not right
granted or secured without reference to the
general power which the several States of the
Union possess in respect to the establishment
of police regulations, and which has been uni.
formly recognized in the decisions of this court
And while it is difficult to mark the precise
boundaries of this power of the States, as sug-
gested in this opinion, the statute Of Kentucky
is thought obviously to belong to that class of
laws intended to protect the lives and prop
erty of the citizens, and it is therefore valid.
The plaintiff here was indicted for selling an
oil which had been condemned by the State
authorities as unsafe for illuminating purposes
She pleaded her right as the assignee of n pat
ent for the oil in question, with the result
stated Mr.. Justice Harlan delivered the
opinion.
THE CONTRACT OF BAIL OR BOND.
No. 1873 United States VS.. executors of Cakes
Ames. Appeal from the Massachusetts, dis
trict. In this case the court hold that on the
facts set forth the executors of the estate of
Cakes Ames cannot be made liable for the
value of tho cargo ofcOtton which, having been
seized as prize, was discharged upon bond, of
which Ames was one of the signers. Con-
domination subsequently being decreed and
the Government thereafter obtained Judgment
against the claimant of the cotton, it is held
that such judgment is a bar to the present suit
because the contract was joint and not several
| a nd Lninu ininf thara nun ha hutn ann
Mr.. Justice Clifford delivered the opinion.
VOLUNTARY PAYMENT OF TAXES.
No 600. The Union Pacific Railroad Com
pany VS.. Tie Commissioners of Dodge County.
Error to the Nebraska District. This was an
| action by the company to recover taxes assessed
upon its lands by the county officers, alleged
to have been paid under protest. The court
hold that as the officers of the county had done
no more than make the assessment, when
I the company appeared and paid the taxes filing
! their protest, 1t must be regarded as u volun-
| tary payment, and could not therefore be re.
covered. The Chief Justice delivered the
| opinion.
1.-THE INFRINGEMENT OF COPYRIGHTS
No. 90. Perris, &C., vs.. Hexamer. Appeal
from the eastern district Of Pennsylvania In
| this case the court hold that copyright of a
fire insurance map for tho city of. New York
is not inlringed by the issue Of similar map
of the city of Philadelphia. A copyright, II
| Is saul gives Ine hulnOr OF puDllSuef Une eS-
elusive right Of multiplying copies Of what he
has written or printed. Hence map of one
city cannot infringe one of another. They arc
not only not copies Of each other. but they do
not convey the same information. The Chief
Justice delivered the opinion.
THE suERIDAN-PINCHBACK CONTEST.
No. 1853. United States VS.. George A. Sheri.
dan. Error to the Louisiana Circuit. In this
case the court divide in opinion on the ques.
ton whether Sheridan was entitled to his pay
while contesting the seat of Pinchback in the
FOrty.third Congress, under the act making
appropriations Tor such purposes. The court
below held that he was and as the court now
consists of only eight judges because of the
illness of Judge Hunt the judgment is af
frmed in consequence of tho division.
A FORTUNATE OFFENDER.
No. 1876. The United States VS.. Benecke
Certificates Of division from the district of Mis-
souri,. 1t is here held that there is no proyi-
sion in the act Of 1864 against Withholding the
back pay and bounty ofsoldiers by attorneys
They cannot be indicted and punished under
IL for that oiiense, and that, as the act charged
in this case was committed four years belor,
the passage Of the act Of 1868 it cannot be pun
ished under its provisions. Hence the ques-
lions certified must be answered in the mega
tive. Mr.. Justice Miller delivered the opinion