Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1896-05-21
OTHER SUPREME COURT DECISION.
Singer Sewing Machine, Chinese Exclusion
end Sunday Cases DIspnsed Of

Singer Sewing Machine, Chinese Exclusion
and Sunday Cases Disposed OF.
Washington, May 19-The supreme
court today decided the case involving
a conflict between the Singer Sewing
Machine Manufacturing company and
the June Manufacturing company. The
action was begun by the Singer COM
pany to restrain the June company
from making sewing machines and Ia
being them with the name of 'Sin ger
under the claim that the name which
generally attached to the machines
made by the Singer company had be-
come a trade mark and hence that the
use Of the name by another company
was in the nature of an Infringement
Justice White in delivering the opinion
Of the court held that the right to use
name on articles manufactured ex-
pired with the patents on those arti-
cleS, but said others in using a name,
as in this case must show the source of
manufacture. The case was, therefore,
reversed and the district court was di-
rected to enter a decree IN accordance
with this opinion.
Justice Shiras delivered the opinion
of the supreme court in the case of
Wong Wing and three other Chinamen
VS.. the United States, reversing the
Judgment of the circuit court for the
eastern district of Michigan The Chi
namen were sentenced to imprisonment
at hard labor In the Detroit, Michigan,
house OF correction the charge of be
ing unlawfully in the United States.
The court said that the United States
can forbid allies from coming within
the borders and eXpel them, but When
congress sees fit further to promote
such a policy by subtecting the per-
sons of such aliens to infamous pun
tshment at hard labor or by confscat-
ing their property such legisla ton to be
valid. must provide for judicial trial
to establish the guilt of the accused.
In the Georgia Sunday freight train
case. Justice Harlan said the legfsla-
ture had a right TO designate day Of
the week when all labor should be SuS-
pended and 1t could not be claimed that
the wrong day had been designated.
The state law was not. he said, direc-
ted at interstate commerce but was
mostly rule of civil conduct and it
must be respected until superseded by
some national law with which 1t was
fn conflict. Hence the decision of the
state supreme court was affirmed. The
chief justice and Justice White dissent
ed on the ground that the law conflicts
| with the interstate commerce law.
An opinion was delivered by Justice
| Brown in the case of S. J. Hilborn VS..
the United States. affirming the decis-
/ sion Of the court of claims The case
involved the right Of Hilborn as dis
| trict attorney for the district of Cali
| fees collected under the Chinese eXclu-
sion law. Hilborn claimed that he was
entitled to these fees in addition to his
| salary but the court held that he must
account to the government for such col
| 1ections
In the case of the boundary dispute
| between the states OF Iowa and Mis-
souri,, the court extended the time for
| the commissioners to make their report
| until July 1.
The appeal of George P. Webster ano
| William A Brady versus Augustin
| Daily, was dismissed for want of juris-
| diction. In this case Webster and
Brady had been enjoined from using
| the railroad scene in their play After
| Dark on the ground that 1t was imita-
| ton Of a scene in Daily'S play Under
| the Gas Light" The effect OF the
opinion is to perpetua-te the injunction.
| The opinion was by the chief justice.
CgyrohxR-sWEath has become OF your as