The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-28

One Affecting Condemnation Proceedings
and the Othor Telephone Patents.
WASHINGTON. March 27.-The Supreme
Court of the United States to-day declared
It's opinion that the United States could
not condemn property of private corpora-
tions without considering in the proceed
ings the earning capacity thereof. Tho
opinion was rendered by Justice Brewer In
the case of the appeal Of the Monongaheis
Navigation Company from the judgment
of the Circuit Court for the Western Dis
trict Of Pennsylvania. in condemnation
proceedings instituted by the United
States. The navigation company. said
Justice Brewer. was a corporation author
lied TO improve the navigation OF the
Monongahela river by the construction OF
locks and dams. After constructing six OF
these at the request of tho United States
1t built what ID known as Lock and Dam
No. q" subsequently Congress passed an
act providing for the condemnation and
purchase of this lock and dam. the act
prescribing that in the estimation of the
value OF the property no account should be
taken of the vaiue of the franchise of the
navigation company whereby IL was au-
tborized to collect tolls from vessels pass
ing through It's looks. Condemnation pro-
language OF the act. the Circuit Court took
no account of the value of the companys
franchise. I'm this." continued Justice
Brewer. I'VE think the court erred. The
right of the company TO charge tolls tor
the use and benefits OF improvements IL
has made is a faotor that must be con-
sidered in fixing the amount of the dam
ages 10 be awarded in D case OF this KIND.
The Judgment of the Circuit Court Is.
therefore, reversed. Justice Brewer stated
thof Iua uiu haa m nf
In the court below. and Justice jackson.
not having been q member OF the court
when the case was under consideration.
took no part in the decision.
The Supreme Court affirmed the decision
of the lower court in the case OF Henry
Huber OF al. VS.. the N. o. Nelson Manu-
featuring Company. appealed from the
Circuit Court for the Eastern district or
Missouri. The opinion was delivered by
Justice Blafchford, who. in announcing 1t,
reviewed briefly the facts in the case.
These were that a patent for en- improve
ment In voter closets was issued April z,
1874. In Great Britain, 70 the patentees,
who assigned to James +. Boyle. The pat
ent was TO run for fourteen years. with
proviso that if q stamp duty of fl00 was
not paid within seven years or date or
Issue the patent would. at the expiration
OF that term. become void. Application
for a patent. in the United States
under the assignments was made Nov;
juno q. 1872. Boyle then assigned TO
Huber. The flO0 stamp duty was not
paid in Great Britain within the time
required. and the patent theref ore became
void April Z. 1881. Under these facts the
Circuit Court held that the patent granted
In the United States was void because 1t
was granted after the British patent had
ceascd to exist. and tina decision was to-
day affirmed by the Supreme Court.
A most important result of this decision
IA Oalled To pubiic attention by the chief
officials of the Patent Office. In the Huber
case las above reported) the court decided
that q foreign patent having lapsed by
reason of nonpay ment of taxes. an Ameri-
osn patent granted thereafter for tho same
invention 10 void. This action. IL 10 said
at the Patent Office. destroys Edison's
quadruplex telegraph patent, and also his
three microphone patents, leaving the Bell
company. after January next. to staod
wholly on tho Berliner patent