National Republican., 1883-04-24
THE SUPREME COURT.
The Fare Boxes in Bobtailed Cars Are Not a
Patentable Invention.
Professional Productions Of Statuary De-
fined and the Duty Fixed.
The Fifth Baptist Church Awarded Damages Against
the Baltimore and Potomac Railway.
A Case OF Homicide Coming within the
Jurisdiction OF tho Federal Courts.

NoulV VI buO Ohlltu pbuboS ytolcludJ III bho
patent case Of John B. Slawson, appellant,
against the Grand Street Prospect Park and
Flatbush Railway company Appeal from the
circuit court of the United States for tho east
ern district of New York, This was q suit
brought by Slawson against the railway COM
pany on account Of the alleged infringement
by the latter of two distinct patents upon an
improved and widely used form of fare box
for single horse cars. This court holds that
neither of the patents sued on embodies an
Invention" within the meaning of the patent
laws and that the alleged improvements"
arc not and never have been patentable The
decree of tho circuit court is therefore
affirmed, with costs. Opinion by Justice
Woods
A decision was also rendered in the Gus
toms case of Alexander p Fulton, collector,
against Alonzo NJ. & Francis A. Vite. In
error to the circuit court of the United States
for the eastern district of Pennsylvania.
This was a suit brought by Vite Brothers, inn
porters, to recover back an alleged excess of
duties paid by them upon seven marble
statues imported from Italy. They maintain
that these statues should pay duty of only
10 per cent. ad valorem under section 2504, Of
the Revised Statutes, schedule M, which fixes
that rate for professional production Of a
statuary or of a sculptor" The collector,
however, holds that the statues in controversy
were made by men who were not really pro-
fessional sculptors, though calling themselves
such; that they we're not real works of art,
but were manufactures of marble made by
good artisans and that therefore, they
should pay duty Of so per cent. ad valorem
as manufactures Of marble not otherwise
provided for"
This court holds that marble statues exc
cuted by professional sculptors in the studio
and under the direction of another profess
sonal sculptor, whether from models just
made by professional sculptor, or from an
tique models, whose author is unknown, are
professional productions of statuary or of
n sculptor" within the meaning of the law,
end are liable only to duty of ten per cent.
ad valorem The judgment of the circuit
court in favor Of the importers, is affirmed,
with costs and interest Opinion by Justice
Gray.
A decision was rendered in the case Of the
Baltimore and Potomac Railway company,
plaintiff in error, against the Fifth Baptist
church. In error to the supreme court of the
District of Columbia. This was suit for
damages brought by the trustees of the church
against the railway company on account of
alleged injury to the property of the former
caused by the erection and maintenance of an
engine house and machine shop on land adj
joining the church edifice. The main feature
of the defense set up by the railway company
is that 1t was authorized by an act of congress
to bring its tract within the limits of the city
OF Washington, and to construct such works
as were necessary and expedient for the COM
pletion and maintenance of its road This
court holds that such authority from
congress would not justify the rail-
way company in invading others prop
erty to an extent which would amount
to an entire deprivation of its use and en-
joyment without compensation to the owner.
Nor could such authority be invoked to JUS
tify interference with the use and enjoyment
Of others property, where different places
from those occupied could be used by the rail-
way company for its purposes without such
detriment or annoyance. The acts that
legislature may authorize, which without
such authorization would constitute nuis-
ances, are those which affect public highways
or public streams, or matters in which the
public have an interest and over which tho
public have control. The legislative authori-
zation exempts only from liability to suits,
civil or criminal, at the instance of the state.
1t does not affect any claim of private citi-
zen for damages for any special inconveni-
ence and discomfort not experienced by the
public at large. The grant of powers and
privilege to do certain things does not carry
with it any immunity for private injuries
which may result in the exercise of these
powers and privileges. The judgment of the
district supreme court in favor of the church
must therefore be affirmed. Opinion by JUS
tiCe Field.
This decision will be controlling in num-
ber of other pending suits involving the same
questions
decision was also rendered in the muni-
cipal bond case of Howard county, No., plain
tiff in error, against the Central National
bank, Of Boonville. In error to the circuit
court of the United States for the western
district Of Missouri. This was suit on cer-
tain bonds issued by Howard county, Mo-, in
aid of a branch of the Tebo and Neosho Rail
4
validity and legal authority of the bonds on
the ground that the road eventually built
with their aid was not branch road, but
only an unauthorized extension of the main
Zine. This coart holds that the road con-
structed through Howard county was within
the meaning of the statute branch of the
original or main line; consequently the de-
fense cannot be sustained. The judgment of
the court below is affirmed. Opinion by JUS
tice Harlan.
A decision was also rendered in the swamp
lands case of Mills county, Iowa, plaintiff in
error, against the Burlington and Missouri
River Railway company ct al. and the Chi
cago Burlington and Quincy Railway com
pany. These were suits relating to the
validity of a compromise agreement made
ON the twenty-seventh of October, 1868, be-
tween Mills county, Iowa, and the Burling-
ton and Missouri River Railway company in
reference to certain lands lying in said county
claimed by the county as swamp or over
flowed lands and claimed by the railway
company as railway grant lands. This
court holds, first, that the county could
not go back to the act of congress
of 1850 for the purpose of showing that the
lands were disposed of contrary to the trust
created by that act, that being matter only
between the United States and the state Sec
ond that although after the compromise was
made the suit then pending was submitted to
this court and decided in favor of the county,
this did not abrogate the compromise, as the
parties continued to act under il, and the de-
cision of the state court in the present case
was not repugnant to or in disattrmance of
the decision of this court DEGREES affirmed.
Opinion by Justice Bradley.
A decision was also rendered in the case of
L. J. Davis ct al. against the state of South
Carolina, brought here by a writ of error to
the supreme court Of that state. Davis, the
plaintiff in error, a corporal in the United
States army, while assisting deputy marshal
10 arrest person charged with violating the
internal revenue laws, accidentally shot the
latter and killed him, He was arrested under
state authority, tried and convicted of man
slaughter. Upon being granted new trial
he filed petition for the removal of his case
to the circuit court of the United States.
This petition was granted but the state re-
fused to recognize the legality of the removal
and the supreme court upon appeal declared
IL invalid.
This court holds that marshal or deputy
marshal of the United States engaged off
ciaI1y in lawful attempt to enforce a rev
lavu hu the of q