Evening star., 1897-04-12
THE SUPREME COURT
Decisions Handed Down in Several
Important Causes.
THE STOCK TICKER Case REMANDED
Validity Of the Six Months Rule Of
the Patent Office Affirmed.
OTHER ANNOUNCE

The Supreme Court of the United States
today icnied the petition for a writ of GER
tiorari in the case of the American Bell
Telephone Company VS.. the Western Union
Telegraph Company to compel the circuit
court of appeals for the first circuit to GER
tify the case to the Supreme Court The
case involves the question of royalties
claimed from the Bell Company by the
Western Union Company and was original
ly brought in the circuit court for the dis
tr:ct Of Massachusetts, 10 secure an ac-
count of these royalties. 1t is understood
that about s5,oo0.0oo is involved. 1t appears
that after instituting the suit the West
ern Union sought to have it dismissed, and
afer 1t was dismissed the Bell Company
appealed 10 the circuit court of appeals
when the decision of the circuit court was
reversed. Tre Western Union Company
soueilt to have the case reviewed by the
supreme Court, but the opinion rendered
today denies this petition. This has the
effect of taking the case back to the circuit
court for further proceedings, in accord
arce with the decision of The circuit court
OF appeals The case is known as the
Stock ticker case.
An International Question Advanced.
A motion to advance was entered in the
case of Thomas Phillips Bryant by Lorenzo
SeInDle- The case is appeal from the
decision of the circuit court for the south
ern district of New York. dismissng writs
OF eertiorari and habeas corpus for the
purpose OF securing Bryants release. Bry-
ant is under arrest upon charges of for
gerry, embezzlement and larceny, filed by
the consul general of Great Britain in
New York. and warrant has been is
sued by The Secretary of State for his ex-
tradition In the motion filed today il is
asserted that the circuit court had no legal
Jurisdiction. and that its proceedings were
IN violation of the Constitution of the
United States and the treaties of extradi-
tion between the United States and Great
Britain. The court took the matter uu-
der advisement.
Verdicts by Nine Jurors Invalid.
In the case Of the American Publishing
Company against the Fisher Brewing Com
pany. appealed from the supreme court of
the territory of Utah. the court through
Justice Brewer, rendered an opinion hold
ing as invalid the territorial statute vail
dating verdicts in civil cases in which only
nine jurors concur. Tne ground on whicn
the law was pronounced Objectionable Is
found in the seventh amendment to their
constitution and in the federal law con-
hrning the statutes of the various terri
tories so far as they authorize a uniform
course OF proceeding in all cases, whether
legal or equitable"
The court expressed the opinion that uni
fOrmity was prerequisite in ali territorial
Cases No opinion was expressed as to the
validity of such d law under state form
of government. The case itself involved
claim of $1,000.
Patent OMce Rule Sustained.
The Supreme Court today handed down a
decision by Chief Justice Fuller which has
the effect of sustaining :he six-months' rule
OF the patent office. The decision WAS rem
dered in the case of Helm against the Court
Of Appeals of the District of Columbia.
Helm applied for a writ of mandamus to
compel the Court of Appeals TO near and
decide An appeal taken more than forty
Gays from the decision of the commissioner
oi patents, the forty-days rule being one
OF the court rules of the Court of Appeals.
Hem claimed that he had two years in
which 10 take this appeal and tina, this
time limit was provided for in the Revised
Statutes. He claimed that the court rule
was contrary TO the statutes, and conse-
quently invalid, and prayed for the writ of
mandamus 10 set the decision of the court
aside The Supreme Court decided, how
ever that the court rule was valid and this
has the effect of practically establishing the
patent office rule limiting the appeals which
can be taken from one tribunal In the Office
tC another 10 six months. William H. SIM
gleton and F. ". Ritter appeared for Helm
the petitioner, and W. A. Megrath, Law
foI the Court of Appeals and the patent
office.
Other Decisions of Significance
The court affirmed the decision of the
Supreme Court Of Washington in the case
from that state brought to enjoin the state
ara county authorities from levyins upon
the safes. time locks and other personal
property Of the banks for the purpose of
the banks under the state law of 1871 II
was contendCd that the law was in CON
met with section J219 of the Revised Stat
utes OF the United States bur the coI,r,
held that such was not the case
justice Gray rendered the opinion NJ tho
Cour' IN the case of Morris L.. Gladson aRi
tne state OF Minnesota, affirming the deci-
sion of the state supreme court ,rbe c.sa
involved the validity of the Minnesota state
law recurring all passenger trains on state
railroads TO stop at county seats which are
raliroad stations, which today's opinion
affrms. H''
Texas Anti-Trust Cases,
The court advanced the Texas antitrust
cases on the docket to be heard on the
seccAd Monday of the next term The law
in controversy defines trusts and declares
them to be Illegal. Several arrests were
made under it, but the prisoners were re-
ieased by the federal circuit court on mo-
ton Tor habeas corpus The state authori-
Ties appeal TO the supreme court
Edward l.. Shaw filed a motion for a writ
OF certiorari to the circuit court of appeals
Tor the ninth circuit In the case of the Mn
tual Life Insurance Company agt Nellie
Phinney. executrix of the estate of Guy {,
Phinney. to have the case brought to tho
Supreme Court The case involves an in
surance policy OF sltU.0IO 1t was decided
against the insurance company by the Cal
nornia federal courts.