The Kansas City sun. (Kansas City, Mo.) 1908-1924, 1916-06-24

The court of claims has already held that the
members of the National Guard do not become
troops of the United States" until they are
called out and mustered into the federal service by
the president. Hence, this court has declared that
the Southern railroad ought to be paid the extra
$~2,447.70. To this judgment the department of
justice demurred and is now asking the Supreme
court for a review of the case.
That little vest-pocket stamp book, with a dozen
stamps in it, price 25 cents, is the subject of a law
suit in which Uncle Sam is asked to pay more
than 81 900, 600 damages. 1t is declared to be roy
alties due the patentee of the stamp-book idea.
The case goes back to 1898. In that year,
through Senator Penrose, two models of a stamp
book patented by Frank G. Farnham, together with
a printed pamphlet explanatory of the device, were
referred to the then third assistant postmaster
general. John A. Merritt was third assistant at
the time and replied that the department deems
it inexpedient TO sell postage stamps in the way
proposed. However, after July l, 1893, the then
third assistant postmaster general, Edwin C. Mad
den, designed without knowledge of the existence
of the Farnham patent the stamp book now
used by the department. The bureau of engrav-
ing and printing evolved methods for its manu-
facture and the post office department began the
public sale of two-cent stamps in book form.
Farnham wants the alleged profits of the gov
eminent on the sale of the stamp books during the
ten-year period from 1900 to 1910. The govern
ments sells ~ two-cent stamps for a quarter,
charging one cent for the book. The contention is
that the profits on the sale of the books during the
ten years have exceeded a million dollars.
Farnham's attorneys have appealed to the Su-
preme court, where a final decision is now expected.
Another interesting suit is that brought by the
contractor who constructed lock and dam No. 81,
Ohio river, which cost, approximately, 100000.
The contractor wants an additional $147 900.
This lock and dam is located about ten miles
below Cincinnati and at the time of its compile
ton about FIVE years ago was the largest movable,
as distinguished from the stationary, dam in the
world, being 900 feet across the n~avigable pass
alone, with the lock on the Ohio side and three
bear traps each so feet wide on the Kentucky
side of the river. A bear trap consists of two
concrete piers or walls with wooden shutters at
each end hinged to the bottom of the dam
structure.
The shutters may be raised or lowered for the
purpose OF allowing surplus water to escape, thus
obviating the continual raising and lowering Of
the dam proper in the n~avigable pass. The dam
is movable. in that its construction is of Chanoine
weirs, which consist of wooden wickets about IS
feet high and 3 feet wide, and are upon hinges
substantially fastened to a sill embedded in the
concrete foundation extending to bedrock. When
up during low water the wickets in the ~navigable
pass resemble a high board fence, and vessels
then pass through the lock, and when the river
rises sufficiently they are lowered and boats pass
right over them. The suit grows out Of the al
legged Misrepresentation by the government of the
depth to which the contractor would have to exca,
yste to bedrock