The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-28

important Decision In . Patents Case
A Barb Wire Fence Case.
WASHINGTON CITY, March 27.-The SUI
preme court of the United States today
affirmed the decision of the lower court in
the case Of Henry Huber ct al. vs.. Nelson
Mining Company. appealed from the
circuit court Of the eastern district of
Missouri. The patent was for an improve
ment in water closets, issued April Z. 1874,
in Great Britain to pstentees who assigned
to James Boyle. The patent was to run
fourteen years, with prOviso that If the
stamp duty of fl00 be not paid within .
year from date of issue, the patent be-
comes void. Application was made for q
patent in tho United States. under an
assignment made November %, 1881, and
the patent was granted June q. 1882.
Boyle then assigned to Huber. The fl00
stamp duty was not paid in Great Britain
within the time required and the patent
became void April Z. 1881. Under these
facts the circuit court held that the patent
granted in the United States was void,
because it was granted after the British
patent ceased to exist and this decision
was today affirmed by the supreme court.
The important result of this decision is
called to public attention by the chief
officials of the patent Office. In this case
the court decided that foreign patent
having lapsed by reason Of non-payment
of taxes, an American patent granted
thereafter for the same invention Is void.
This action. it is said at the patent Office,
destroys the Edison quadruplex tele-
graphic patent and also his three micro
phone patents. leaving tho Bell company
after January next to stand wholly on the
Berliner patent.
The United States was defeated in the
supreme court today in an effort to secure
the removal Of . barbed wire fence.
The case was originally instituted in the
First judicial district of Arizona, the
United States alleging that c. Campbell
has incIosed 800 acres of public land with
out color OF title thereto, and asking an
order for its removal. The plaintiff was
successful, and Campbell came to the su-
preme court for relief. Justice Brown de-
livered the opinion Of the court reversing
the decision of the supreme court Of the
territory. This was upon the ground that
Campbell's claim under the Mexican grant
of four square leagues of land, which, by
some unknown means was changed to four
leagues square in the survey, constituted
the color Of . title which removed the
lands in question from the public domain
of the United States, and therefore was
exempted from the law governing the re-
moval OF fences.
The United States supreme court de-
cided that the United States could not con-
denim the property of private corporations
without considering in the PROCEEDINGS
the earning capacity thereof. The decis-
ion grew out Of the proceedings to con-
denim a lock of the MonongaheIa Naviga-
tion Company. in which the right of the
company TO collect tolls on vessels pass
ing through its locks was not considered.
such action being taken in obedince to an
act Of congress in relation to the matter.
Chinese Theater Co. Delights Tscomzns
TACOMA, March 2a.-fSpecial. l-"Chew
Shu," the first Chinese Theater Company
ever seen here, gave q successful perform
ance tonight, although it had been pre-
dicted that the anti-Chinese element
would create . disturbance. The Tacoma
theater was filled with an enthusiastic
audience, especially in the gallery, where
the applause was the greatest. The stage
setting and costumes were gorgeous. The
tragedy depicted lasted an hour and q
half Before beginning the performance
the company blessed the thea,er, kneeling
before idols.
Not one In twenty are free from sorne little
ailmsns csused by insetion of the liver. Use
Caffer'S Little Liver p.l,s- The resuft vrfiI hn n