New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-23
SUPREME COURT DECISIONS.
DISTINCTION BETWEEN PATENTABLE AND
UNPATENTABLE INVENTIONS DEF I-\I-D'

TITLE OF THE NORTHERN PACIFIC ROAD TO C'-i'-
TAIN LANDS IN WISCONSIN CONFIRMED
An IMPORTANT CUSTOMS CASE
THE CALENDAR
vos,ireto,. April 22-In an opinion read ny
Jus,ice Brown in the Supreme Court OF the nv,
States to-day the distinction between P"1e"'o.'1
and unpaten;abe inventions was uenHeu
90. came from the Circuit Court for the Northern
District OF California, involving three Pd'eH'S w.
the manufacture OF belt pulleys ana loi ''e pUN1N
~ hat process which Philip Medart ct al. alIeGeo
had been nfringed by the Risdon iron anu i-o'o
motive Works. The court below gave )udsmei' III
favor Of the claimants. and this was reversed. MS
cussing the claims of the patent Tor 'ne manu-
facture Of the pulleys Justice Brown saul
~, certain processes Of manufacture are pat
enable is as clear that certain others are NO.
but nGwheIe is the baye is Somewhat Of the
ohscIrty in the line of demarcaton as IN tnd. ND. &c
tween SS Of sI amuactare Which is uni
versally held 10 be patentable and the iuhGtOl OF
machine which II is equally clear Is not ~ ma; ; p
said In general that processes OF manulacIn:
which involve chemical or other similar aT bo
necessary in the application or carryhs Iu oi 6
processes while those when ro M6Si processes
which have been held 10 be patenable require I,if
Where re such mechanism is subsidiary TO the chemi-
cal action the fact that the pa,ehve, nia| ,oos no,
impair his right TO patent for the process since
he would lose the benefit of his T Tis,ara
II he were not entitled to such patent But If the
9pc5EaSn 9s hs appy since the function Of
machine is entirely independent OF any ,er how
or Other hat s yad patent cannot be obtained for
process when involves nothing more than me 0a
for the function ot a machine
REGARDING the patents for the pu!eys produced
Justice Brown said:
This is a patent only for superior workmanship,
vii n authorities
court has repeatedly stated that ali impr3vemelt -
not invention II a certain device differs from WAat
nreceles il only in superiority OF finish or in greater
accuracy OF detail il is but the catl.Ae ,oINsI1
of an old idea, and does net amount TO nVention,
Thus if it had been CUSTOMARY to maKe an r,l o4
Of unpublished metal II does n0 bcan paned
by hand board better p9ned by macnnerX ~pn oa
chinery itself may be pGtentabie
The Judgment Of the Circuit Court for the west
ern District of Pennsylvania in another patent case
however met the approval Of the Court as Voiced
by Justice Brown. This was an Improvement pat
ented by Arthur Kirk in the style Of dam known as
bear-trap dam, one particular OF which consisted
of IAN open suice. waterway or tail race. so ar
ranged relatively to the dam that the water when
Is not required support the leaves Will escape,
and so relieve the dam of all unnecessary pressure
This was infrlrged by John f. Dubois VINO was
adiudged In fau, by the Circuit Court whereupoh
he appealed TO the Supreme Court OF the Un!ted
States OF the invention Justice Brown sald'
The Kirk invention is undoubtedly very simple
one and Il may seem Sta ba never occurred 70 he
builders Of beartrap dams before D,'t lhe iacu -
that Il had not and that IL Is useful Improvement
can scarcely be doubted
Justice Field dissented from the opinion IN this
case.
The title of tho Northern Pacific Railroad COM
pany to certain lots and tracts OF lana IN Doue'aSs
County Wisconsin, was confirmed in an opinion
read by Justice Shiras The came from the
Circuit Court for the Western District OF WIS
consin where the railroad company brought SUIT
against D. Z. Roberts and J. 7. Ellis 10 quiet It's
title to lands claimed by them, and was successful
The circumstances were these: In 1881 the super
yisors Of Douglass County offered to give to the
railroad company certain lands and lots OF which
II had become possessed if the company wou.d
build its line through the county on route they
suggested and construct certain wharves ana ware
houses in Superior the bay. The company ac-
cepted the proposition built the road and MADE
the improvements as required. at a cost OF Sf1"cD
In 1852 the lands and lots were transferred 10 the
railroad COMPANY. and the whole transaction was
confirmed and approved by an act OF the Wisconsin
Legislature in 1883 In lS>s the couK:y officials, ac-
cordng to Justice Shiras. having received ne"
light on the subject the effect that Il had not
been in the power Of the county 10 make dona-
ton OF land the railroad. became satisfied that
the transfer 10 that corporation was Invalid and
that the title remained in the county" The prop
erty worth probably 100000 or more, was there
upon sold to Roberts for $685. and he transferred a
portion Ellis. To quiet It's ute, as stated. the
aad from iis a3rmen Roberts and s appealed
That judgment the Supreme Court aihrme1 jus,
there We're two Particulars which took the case out
courts that a municipality may not make dona-
ton to railroad company nor END us credit ioT
transaction was a sale Of the property by the
county for cOnsidera ton. and that the purchase
against tG the sale to the railroad company second
That the railroad company WaS National alton ana an,
State did not apply.
,bs o Eesaq m ego 9rI PANEL an Tss Tss Of 5a
illegal pension fee Frisbles attorneys appealed 70
The Supreme Court to-day ordered a writ Of
we'll VEIL against 1evereis ssl!9ns.a coiecor which
cover dates paid under Protss! at Boston ana ,he
question sd % d as 10 or nor nj the pre-
Of Mr. salt9nstali last week. the writ was dated
This is an Important customs case now under
charge Of the Department of Justice, as upon the
dollars Of daties paid under protests fled under
Application was made to the Supreme Court TO-
OF the United States against John NJ C.uarreis
and David Butler sentenced TO ten years in the
fntyre and John II Goble. VINO no. have been con-
ylcted Of murder and sentenced 10 capital punish
the cases do not come within the jurisdiction Of the
seS but "f bon sne RS were s e
courts for adjudication. The defendants in these
cases belong 70 class Of 'Inoonshiners'' who live
and operate Illicit dst!lleres In the northern coun-
ties OF Georgia Tennessee Virginia and other
States Henry Morley. farmer In Murray County
Ga. was accused OF betraying the Illicit dst!.lors
10 the revenue officers. one night in 1894 a band
OF men called at the home Of Worley took him
out and hanged him to a tree. but In some way he
made his ESCAPE with his life. Three weeks Later
Wor,ey was working in his fed. when three SUP
posed friends walked up to him and engaged him
In conversation. When they had HIS attention dis
tracted they shot him down. and his death was
almost instantaneous. After the killing Of Wor-
ley forty or fifty arrests were made hut the re-
sponsiblity for the conspiracy and killing finally
narrowed down TO Quarre.s, Butter. Mcintyre and
Chief Justice Fuller today announce, tb,, Tho
call OF the calendar In the Supreme Courf viii cease
for the term on Friday. May The colr, MI
probably then take for a week ,vvo ara
adjourn for the term on the third or forr,h N a.!