The Indianapolis journal., 1885-01-20
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that claimants who had paid Fitzgerald $40
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Iannu xI5 - F~S
THE SUPREME COURT.
Decision In Patent Case, and a Wholesome
Opinion on PoIypamv

DScASioH HI q atent Oases ana n wholesome
Opinion on Polygamy.
WASHINGTON, Jan. ia decision was rem
dered by the Supreme Court of the United
States, to-day, in the patent cases of the Consol-
idated Safety Valve Co, of Hartford, Conn,
appellant against the Crosby Steam Gauge and
Valve CO.. appeals from the Circuit Court of the
United States for the District of Massachusetts
These we've suits brought by appellant against
appellee for alleged infringement of patents
granted Geo. w. Richardson, Sept %, 1866 and
Jan. 10, 1860, for certain improvements in safety
valves. The defense set up by the Crosby CO.
was want of novelty in Richardson's alleged in
ventions. The court below held the defense
good, and dismissed the Consolidated Companys
bills of complaint on the ground that the Rich
ardson patents were invalid. This court reverses
the decision and holds that Richardson's
patents are valid The valves made by the
Crosby Company are declared to be an in
frlngement ana the DEGREES of the Circuit Court
are reversed, with directions to award an ac-
count of profits and damages on the patent,
whose term has expired since this suit began,
and to award perpetual injunction on the other
patent
The court also rendered decision in the
polygamy case of Rodger Clawson, appellant
against the United States; appeal from the Su-
preme Court of Utah Clawson, the appellant,
having been found guilty by jury of the crime
duly sentenced to pay fine aggregating $500 and
to Imprisonment for four years. He ap-
pealed to the Supreme Court of the
Territory, and pending judgment on
such appeal, applied to the court that
sentenced him for release upon suitable bail
The judge denied the application on the ground
that the defendant ought not to be admitted to
bail after conviction and sentence, unless some
extraordinary reason for it were shown, and no
such reason had been given Clawson thereupon
sued out q writ of habeas corpus in the Supreme
Court OF the Territory, and prayed for release,
upon the ground that the court below had un-
lawfully refused to admit him to bail. The Sl,-
preme Court overruled the petition, and remand
ed the prisoner to a deputy marshal. whereupon
ne took the present appeal to this court. This
court holds that in as much as the Judgment
of the Third judicial Court in which the pris-
oner was tried, did not impose on him fine
only, but also Imprisonment, his admission to
bail, pending appeal from that judgment, is
distinctly committed by the laws of Utah To the
discretion of the court or judge TO whom this
application for bail may be made. The Supreme
Court of Utah was therefore right in overruling
the petition and remanding the prisoner to the
custody of the marshal, and its Judgment is
affirmed
Justices Miller ana Field dissented.
A decision was also rendered in the States
rights bridge case of John t Cardwell, appellant
against the American River Bridge Company;
appeal from the United States Circuit Court fourth
district of California Thisis suit brought by ap-
pellant who is the owner Of valuable lands and
stone quarries on the American river in Cali
fornia, to enjoin the appellee, bridge company,
from maintaining bridge without a draw across
that river, thus obstructing its navigation. AS
the bridge was duly authorized by law, the
State Bridge Company filed a demurrer to the
bill of complaint and it was sustained by the
Circuit Court, and this court holds. first, as it
has held in many previous cases, that the power Of
States to authorize construction of bridges over
navigable streams is subordinate to that of Con
gress, but until Congress acts such power is
supreme; second, that the section of the act ad-
mitting California to the Union, which provides
that she shall be admitted ION an equal footing
with the original States in ali respects what
ever" supersedes the section which provides
that "ail navigable waters within said States
shall be common highways forever" etc; Cali
fornia therefore, is not deprived by the latter
provision of any powers which the original
States possessed over such waters within their
limits. The decree of the Circuit Court is
affirmed