National Republican., 1882-11-28
IMPORTANT CASES
Decided by thr Supreme Court of tho
UmIted states

DFetueo DN Ahp hunrfnfG Court OF thC
UnItcd states
Tho following business was transacted in the
Supreme Court orthe Uui,cd States Monday;
a decision was rendered in the tax case Of the
United states against The Eric Railway Company,
brought here by writ q error to the circuit court
OF the United States for the southern district OF
New York, This was a suit to recover from the
company taxes amounting in the aggregate TO
eoSOS alleged 70 10 due ON certain interest coupons
attached to bonds Of the company held aud own, d
10y on-resident aliens. The circuit held that the
company was not liable for the tax. This court,
however. reversed that judgment on the authority
OF "Raiiroad Company VS.. The Collector" 100 u.
s.. b95. The cause is remanded with directions to
enter Judgment In favor Of the United States
and against the Erie Railway Company for tho
equivalent in lawful money OF the United States
of 60 500 with interest at the rate Of per cent.
per anuum from the several times when the same
became due aud payable according to the agreed
statement of facts ON which the submission was
made below; Opinion by ChiefJuStice Waite,
Harlan concurrod in lie Judgment. hut NOT in the
opinion.
PATENT CASES.
Decisions were also rendered by the court in the
two patent cases Of Theodore Clough, appellant,
against the Gilbert & Barker Manufacturing Com
papy. The first OF these cases was suit brought
by Clough against the manufacturing company
for alleged Infringement of patent upon an I'M.
proved gas.burner. the distinctive features Of
which, according TO the claims OF the patent were,
hrst, bat-wing burner petfntated AT the Dase III
combination with surrounding tube, and, sec
ond, tubular valve for regulating the supply OF
external gas 10 inc burner. ln1s court nOlus tudt
both of these claims are valid, and that both have
been infrinecd by the Gilbert e Barker Company;
The combination OF the first claim being new, and
Clough having been the first person WHO applied
valve regulator of any kind to such combina-
ton, he is entitled to hold as inringcmens of the
second claim all valve regulars applied to such
combination, which perform the same once In
subs stantialiy the same way as, and wee known
equivalents for, his form of valve regulator. The
decree of the court below is therefore reversed
with costs, and the cause reminded, with direc-
tons TO enter decree for the appellant for an ac
count and All INDUCTION as prayed IN the Dill, and
for further proceeding. Opinion by justice Blatch
ford
Tue second case, involving the same litlgants,
was suit brought by the Gilbert and Barker
Company against Cough, for alleged infringe
ment Of patent on Improvements in gas bu ners,
granted 10 John L. Barker July 26, 1870. In this
| case the court holds that although gas.burner
made according to the description of the said
| patent, inlrlnges both of the claims of lett r.
patent grdned TO Theodore Clough July Ia, 1870,
| III Its method of supplying additional gas, and IN
its valve arrangement for regulating the supply,
yet as IL dispenses with the Interior tubular waive
| Of Clough. aud is made in two pieces instead of
three and is less expensive to make, aud the
shell alone revolves in reg ulating the supply aud
not the burner with it, and the flame always re-
| useful, und patenlable. Decree affirmed. with
costs and Interest. Opinion by Justice Biatch-
| ford.
THE STEVENS BATTERY.
| decision was also rendered by the court in
| the case of Anna A. ClarksJn Ut al, plaintiffs in
error, vs. Martha b. Stevens ct al, q case which
| terry" The claim of the plaintiffs in error, who
are the heirs-at-Iaw of Robert L. Stevens, is
founded @ or RESOLUTION oi GS9gess 10
the herS-ataw of Robert l.. Stevens, deceased, al
the right tte and interest Of the United States in
\ and to Stevens Battery" This court however.
holds that ut tile date OF the above resolution the
4 United States had no title to The Stevens Battery,
but that the property in 1t had continued III Rob
| ert L. Stevens until his DEATH and passed by his
will 10 Edwin A. Stevens as resduary legatee, and
subsequently, became vested in the present de-
\ PENDANTS in and in the State OF New jersey
to which, in its unfinished condition. it was final
| ly presented. The decree of the court below is
affirmed, with costs. Opinion by Justice Mat
| theWs.
| No. So. Arthur X, Richardson, appellant, vs.
| Benjamin G. Hardwick. Appeal from the circuit
court of the United States for the eastern distrio
| of Michigan. Decree affirmed, with costs. Opinion
| by Justice Woods
No. 10 R. NJ Wallace. public administrator, &c.
aud Sarah &. Williams, appellants, VS.. Uni 5. Fen
field ct al. Appeal IRON the circuit court of the
United States for the eastern district of Missouri
Decree reversed, with costs, and cause remanded
| with directions TO dismiss the bill. opinion by
| Justice Harlan.
No. 5s. The Steamship Nevada, &C., The Liver
| pool aud Great Western Steamship Company, up
pellant VS. Sergeant J. Quick ct al. ,Ap,t35tt no
tha "ircpit court of the untad States for lhe sout
n ern district Of New York. Appeal as to Quick d
III missed aud decree affirmed, with costs and inte
st est. Opinion by Justice Bradley.
No. 1o67. Edward schwed ct al. appellants,
Edward smith ct a. Appeal from the eire'
" of Missouri. Dismissed for want of jurisdictic
n Opinion by ChieEJustice Waite.
j. OTHER BUSINESS
| The other business transacted was as follows:
!, Admissions to the bar-Andrew l.. Osborn,
.s | La Porte, Ind; J. d. Hunt of Lexington. KY;
M. Freels of East ST. Louis, ILL.,, aud Albert Bact
@ | of New York city.
l. Nos. $50 and 587. A. S. Badger, collector, &
VS.. d. l.. Ranlett & Co. Submitted.
e No. ITO. George X. Williams ct al, appellant
VS.. Edward Wilder ct al. Appeal from tile distri
court OF the United States for the western disti
If OF Arkansas. Docketed and dismissed with cos
, No. 1lS0. John Bush, plaintiff in error, VS.. III
l. Commonwealth of Kentucky. Advanced and a
@ signed for argument on the second Monday
January.
Vt No. lO7 The City of opecs, plaintiff in error
~ r. G. Daniel. Continued.
y No. 10S. !. b. Close ct al, appellants,
Y The Glenwood Cemetery; and No s32, Charl
Borcheriing, appellant, vs.. the same. Argume
$ commenced. Adjourned until to-day.