New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-28
SUPREME COURT DECISIONS.
A CASE THAT WILL AFFECT SOME OF
EDISON'S PATENTS.
LOSS OF BIG MINING CLAIM THROUGH NE5LI'

,oss OF A BIG MINING CLAIM THROUGH NE;LI'
GExcE-CoLIN CAMERON SUSTAINED.
washington, March PA ruling upon the validity
- na,ents granted In the United States under foreign
PATENTS OF the same invention. was made By the SUI
rreme Court of the United States to-day In the case
"a Henry Huber ct al agt. the n. o. Nelson Manu-
,scturing Company appealed from the Circuit Court
for the Eastern District Of Missouri Mr.. Justice
Blachford delivered the opinion. patent for an
. ,mprovement In wa,er-closets' issued April :,
1874 In Great Britain. The patent was to run far
smrteen years. With provisO that II stamp duty
NJ 500 not paid within seven years Of date OF
isue the patent would at the expiration OF that
t,rm become void. Application for patent in the
United states under assignment was made November
co. 1881. and the patent granted June 81, 1852.
qre E1OO stamp duty not paid In Great Britain
within the time required and the patent there be-
zane void April :, 1881. Under these facts the
Circuit Court held that the patent granted In the
United States void because IL was granted after
the British patent had ceased TO exist and judgment
10 this effect Ia favor Of the defendants affirmed.
This decision. it is said at the Patent Office des
troys Edisons quadrupleN telegraph patent and
bis three microphone patents leaving the Bell Com
pany. after January next, 10 stand wholly on the
Beriner patent.
Because John {. Johnston did not fully appreciate
the possibilities OF mining claim located by himsf
and others In the Roaring Fork Mining District in
1850, and diligently prosecute proceedings to deter
nine his ngnt oil tltle thereto, the Supreme Court
today decided that he could not establish his claim
10 quarter interest In IL, estimated TO be worth
when he walked up 10 It's full value the sum OF
el.OOoOo0. The case comes TO the Supreme Court
0i the United STATES on appeal from the Crcnit Court
ios lolOraao. wherein Johnston complainant and
the standard Mining Company was defendant. John
siOn's story that In 1880 he conveyed Quarter
Interest ia the claim 10 certain parties in trust tile
condition being that they shouLl defend his title
against adverse claimants. lie paid 10 further at
tcn,ion 10 the matter until 1855, he said when he
learned that patent had been issued for the claim
and his grantees had conveyed TO The Standard Min
ing Company. In 1so7 he brought suit 10 recover
his onefcurth interest but the court below dismissed
the bill for achcs, which Judgment the supreme Court
affirmed. Mr.. Justice Brown, In his opinion said:
where property has been developed By the courage
and energy and at the expense OF the defendants
courts will look with dissvor upon the claims OF
those who have lain idle while awaiting the results
Of this development, and will require not only clear
proof of fraud, but prompt assertion of plaintiffs
rights
one OF the cases growing ont OF the practice by
eatenen In the West of inclosing large areas Of
public land by barbed wire fences for the pasture
Of their stock, was before the Supreme Court to-day
on appeal from the supreme Court Of Arizona. The
United states was defeated In lis effort To secure a
reno removal Of the fence The United states alleged that
In Arizona without color of title thereto and asked
an order for its removal. Mr.. Justice Brown delv
cred the opinion OF the reversing the Judgment
Of The Supremce Court Of the Territory. lhls wa,
upon the GROUND that Cameron's claim under a
~ some unknown means changed into =" four
leagues square In the survey which was yet before
congress Tor settlement, constituted color of title
which removed the lands In question from the public
domain Of the United States and therefore exempted
them from the law governing the removal Of fences
=. The, supreme Court today declared its opinion
that the United stetes could not condemn prOpert,
OF private corporations without considering In III
opinion was rendered :, JnstIc. brewer in the cas-
heal n fhn npnhe Va x-iUofin
gany from the judgment Of the Circuit Gour; for ih
Western District Of tennsylvania in condemnation
shiras, having been OF counsel in the below and
Justice Jackson, not having been member Of tn
court when the case was under consideration took
The following business was also done:
No. IA Original, ex-parte)-In the matter OF th
American Construction Company petitioner. Petition
for writ Of mandamus or for writ Of certiorari de
No Is COriginst ex-parte,-In the matter of Tho
for writ Of and @ !" Show ec
why writ OF certcrari should not Issue ordered
present at the argument and took no part in these
cases.
Hamburg American Packet Company. Dismissed for
No. l,o9o-The De La vergne Refrigerating Ma.
and Others Motion for an order for taxation Of cost
denied.
No. 1852 Nathaniel II. Wolfe. plaintiff in error,
against the ISriord Life and Annn'y INSURANCE Com.
Of plsinun in error and cause remanded for further
proceedings.
No. 13O9-Robert Singlehurst ct al appellants.
against La Compagnle Generate Tran atantique.
Petition for writ OF ccrtiorai to the United states
Circuit Court OF Appeals for the second circuit denied
No. 9Oe.-Richard 7. Barden et al, plaintiffs in
error agt. the Northern Pacific Railroad COMPANY.
Assigned for reargument on the second Monday Of
the next term.
The Chief Justice announced that as Friday next
would be Good Friday. the Court would adjourn from
Thursday until Monday next.
Adjourned until tomorrow. The day call will be
Nos. $50 land 1o). $50, 1872 1873. ls5, 1877, 1885, 1885,
100 and 191.
CHARGES AGAINST ". &. T. T. MANAGEMENT
Chicago March 2..-Mrs. Matilda r. Carse. whose