Patents. When bill for infringement of "invention" is taken pro confesso, patent will be held valid for purposes of case, p. 446.

Patents.- Mere joinder of claims for constituent members, with dam for design, does not per se invalidate patent, on any partriar claim, at objection of a defendant, p. 446.

Approved in Britton v. White Mfg. Co., 61 Fed. 95, holding sepame claims for entire design and separate parts properly allowed. Patent which claims design "substantially as shown," refers to description, as well as drawing, and is valid in form, p. 446. Approved in Dobson v. Dornan, 118 U. S. 14, 30 L. 64, 6 S. Ct. 148, design patent for carpets, claim held sufficient; Whittall v. Lowell Mfg. Co., 79 Fed. 789, reaffirming rule.

Distinguished in New York Belting, etc., Co. v. New Jersey Car, te. Co., 53 Fed. 817, 11 U. S. App. 637, holding carpet design not fringed under the description.

Costs. Upon reversal of interlocutory decree, for plaintiff, on question of damages, costs were allowed to plaintiff until the interbratory decree, and thereafter to defendant, p. 447.

Distinguished in Du Bois v. Kirk, 158 U. S. 67, 39 L. 899, 15 S. C132, full costs awarded plaintiff, where interlocutory decree vis affirmed.

114 U. S. 447-453, 29 L. 210, WESTERN ELEC. MFG. CO. v. ANSONIA BRASS, ETC., CO.

Patents covering old process, applied to same subject, with no change in manner of applying it, and with no result substantially stinct in its nature, are invalid; hence, Olmstead patent process for compressing insulation of telegraph wires is void, p. 451.

Approved in Ansonia Co. v. Electrical Supply Co., 144 U. S. 18, 36 L 229, 12 S. Ct. 604, citing cases, Cowles patent for insulated electrie conductor, invalid.

Patents.- Scope of letters-patent should be limited to invention wered by claim, and though claim be illustrated, it cannot be enaged by language in other parts of specifications; e. g., where ess is not described, court will not infer it from quality of patet product, pp. 452, 453.

Approved in Grant v. Walter, 148 U. S. 554, 37 L. 557, 13 S. Ct. feature not covered by claim cannot be protected; Johnson Co. Parific, etc., Mills Co., 47 Fed. 589, collecting authorities, holding Giant's rail did not infringe form claimed by plaintiff; Ashton Tale Co. v. Coale Muffler, etc., Co., 52 Fed. 318, 8 U. S. App. 169, ing patent for improvement in safety valve did not cover use of rent boles; Stutz v. Robson, 54 Fed. 508, holding specification not cover sulphur-deposit chamber; H. W. Johns Mfg. Co. v. 1ertson, 60 Fed. 905, holding feature of improvement in packing

for steam joints, not sufficiently described; Thomasson v. Bumpass, 78 Fed. 492, 42 U. S. App. 295, holding new features in poultry crates not covered by claim.

114 U. S. 453-463, 29 L. 216, DISTRICT OF COLUMBIA COMMRS. V. BALTIMORE, ETC., R. R.

District of Columbia.- Title to streets of Washington city is in United States, not in city or owners of adjacent lots, and right to use them for any other than ordinary use of streets, must proceed from Congress, pp. 460, 461.

Cited in Daly v. Georgia, etc., R. R., 80 Ga. 801, 12 Am. St. Rep. 292, 7 S. E. 150, holding, where fee of streets was in State, their use for railway must be by State's authority; Bauman v. Ross, 167 U. S. 565, 42 L. 280, 17 S. Ct. 973, historically.

114 U. S. 463-464, 29 L. 221, PACIFIC BANK v. MIXTER.

Banks and banking.- No bond is required, on writs of error, or appeals issuing from, or brought to, Supreme Court, by direction of comptroller of currency, in suits by or against insolvent national banks, or receivers thereof, p. 464.

Approved in Gibson v. Peters, 150 U. S. 344, 37 L. 1105, 14 S. Ct. 135, receiver of national bank is officer of United States, within § 380, R. S.; Robinson v. Southern Nat. Bank, 94 Fed. 22, dispensing with bond in such an appeal.

Appeal and error.- Where record shows that comptroller directed receiver of national bank to take out writ of error, case will not be dismissed for mere clerical mistake in name, p. 464.

Approved in Walton v. Marietta Chair Co., 157 U. S. 347, 39 L. 727, 15 S. Ct. 628, allowing amendment to correct mistake in name of plaintiff in error; Citizens' Bank v. Farwell, 56 Fed. 572, 12 U. S. App. 409, holding mere clerical errors in spelling, or arrangement of plaintiffs' names, immaterial; United States, etc., Accident Assn. v. Weller, 30 Fla. 219, 11 So. 788, use of "guardian" for "next friend," held immaterial error.

114 U. S. 464 474, 29 L. 212, CAVENDER v. CAVENDER.

Equity. If statements of answer supply material facts, omitted from bill, the defect is thereby waived, p. 471.

Approved in Provisional Municipality v. Lehman, 57 Fed. 330, 18 U. S. App. 411, holding defects in bill cured by allegations of answer; Richardson v. Green, 61 Fed. 431, 15 U. S. App. 488, regarding demurrer as waived, where answer supplied defect.

Trusts.-Where trustee's acts show want of reasonable fidelity, equity will remove him; e. g., failure to invest funds as directed, pp. 471, 473.

Trustee, who not only fails to discharge any duty of the trust, bat denies receipt of trust property, will be removed upon applicaSon, pp. 473, 474.

Approved in Kintner v. Jones, 122 Ind. 153, 23 N. E. 702, removal of trustee for failure to sell property as directed.

14 C. S. 474–477, 29 L. 215, BURTON v. WEST JERSEY FERRY CO.

Appeal and error.- General exception to charge, which does not direct attention of court to portions objected to, raises no question fer review in Supreme Court, p. 476.

Approved in Anthony v. Louisville R. R., 132 U. S. 173, 33 L. 302, 1. Ct. 34, Holder v. United States, 150 U. S. 92, 37 L. 1010, 14 S. CL 10, Baltimore, etc., R. R. v. Mackey, 157 U. S. 92, 39 L. 631, 15 & Ct. 497, M'Clellan v. Pyeatt, 50 Fed. 687, 4 U. S. App. 319, and Price v. Pankhurst, 53 Fed. 313, 10 U. S. App. 497, collecting authorities, Walker v. Windsor Nat. Bank, 56 Fed. 78, 5 U. S. App. 423, and Masonic Ben. Assn. v. Lyman, 60 Fed. 500, 18 U. S. App. 507, etig cases; Thom v. Pittard, 62 Fed. 236, 8 U. S. App. 597, St. Lois, etc., Ry. v. Spencer, 71 Fed. 95, 36 U. S. App. 229, Shelp ▼. rated States, 81 Fed. 700, 48 U. S. App. 385, Ohio, etc., Ry. v. McCartney, 121 Ind. 388, 23 N. E. 259, and Morrill v. Palmer, 68 Ft 17, 33 Atl. 834, 33 L. R. A. 417, and n., all holding general excepdon of no avail, where part of charge was sound. Approved also in Van Stone v. Stillwell, etc., Mfg. Co., 142 U. S. 135, 35 L. 964, 12 8. Ct. 183, and Black v. Lewiston, 2 Idaho, 257, 13 Pac. 81, reviewing thorities refusing to consider general exception to charge as a hole; Chateaugay Iron Co. v. Blake, 144 U. S. 488, 36 L. 514, 12 & Ct. 734, and Pittsburgh, etc., Ry. v. Thompson, 82 Fed. 728, 54 t. 8. App. 236, both holding exception to refusal to charge series of propositions as requested, insufficient.

Negligence. Mere failure of ferry company to provide passenger with seat, is not, in law, negligence, without proof of habitual fare to provide those customarily travelling thereon, pp. 476, 477.

114 U. S 477-488, 29 L. 179, CLAWSON ▼. UNITED STATES. Jury. Venire to summon jurors is writ, proper and necessary exercise of jurisdiction of the court, where affirmative provisions faw, so far as they extend, have been first observed, p. 487. Approved in Lovejoy v. United States, 128 U. S. 173, 32 L. 390, Ct. 58, holding act of June 30, 1879, did not change rule; Territory Harding, 6 Mont. 330, 12 Pac. 754, holding court might appoint al attorney, in absence of prosecutor, to sign indictment; TerriCarmody, 8 N. Mex. 384, 45 Pac. 882, where failure to resort topen venire was held error; State v. Hart, 19 Utah, 450, 57 Pac. 68, 412, holding court retained power to impanel by open venire,

Constitutional law. City of New Orleans, having granted right of way to one railroad, could not repeal said grant by subsequent attempt to confer same right on another, any more than by special repealing ordinance, p. 510.

Approved in Africa v. Board of Mayor, etc., 70 Fed. 734, 738, reviewing authorities, and holding repealing ordinance void.

Distinguished in Lake Roland, etc., Ry. v. Mayor, etc., 77 Md. 868, 26 Atl. 512, 20 L. R. A. 130, sustaining repealing ordinance, after track laid.

114 U. S. 511-523, 29 L. 240, STURGES v. CARTER.

Taxation. Where taxpayer, in attendance before auditor, was told of latter's purpose to increase his assessment, this was substantial compliance with Ohio statute, requiring notice of increase, p. 516.

Approved in Lee v. Dawson, 8 Ohio C. C. 371, 372, involving same legislation.

Distinguished in Meyers v. Shields, 61 Fed. 720, holding notice, under § 2782 of said statute, did not cover proceedings under § 2781.

Constitutional law. Ohio act of 1878, authorizing tax auditor to go back for period of four years to correct false returns, merely gives new remedy for enforcing existing right to taxes, and is not retroactive, within constitutional prohibition, pp. 516–519.

Cited in Reynolds v. Bowen, 138 Ind. 445, 36 N. E. 760, and Gager v. Prout, 48 Ohio St. 107, 26 N. E. 1015, sustaining similar statutes; Mergenthaler v. Crites, 4 Ohio C. C. 488, amendment of 1886, having an added penalty, is invalid if retrospective; Wade v. Kimberley, 5 Ohio C. C. 39, judgment for taxes, which omits penal. ties, is not invalid under amendment of 1886.

Constitutional law. Every statute which takes away or impairs vested rights, acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions already past, must be deemed retrospective, p. 519.

Approved in Commissioners v. Rosche, 50 Ohio St. 112, 40 Am. St. Rep. 656, 33 N. E. 409, 19 L. R. A. 585, statute authorizing recovery of taxes already paid, without protest, held unconstitutional; Wade v. Kimberley, 5 Ohio C. C. 39, construing Ohio tax legislation.

Taxation of both capital stock, and shares in stockholders' hands, is not necessarily double taxation, p. 521.

Approved in Herrman v. Guttenberg, 62 N. J. L. 616, 43 Atl. 707, bond issue for improvements, for which assessment had been paid, not double taxation.

Taxation. Exemption from taxation must be express and clear, p. 521.

ANN

Taxation Statute providing that no person shall be taxed for certificates of stock in corporation, capital stock of which is taxed in name of company, does not exempt shares held in foreign corporations, only a small part of the property of which is subject to taxation in that State, p. 522.

Approved in Ogden v. St. Joseph, 90 Mo. 529, 3 S. W. 27, sustaining tax on shares in foreign corporation; Lee v. Sturges, 46 Ohio St. 164, 170, 19 N. E. 565, 568, 2 L. R. A. 560, 562, holding § 3, act of April 5, 1859, did not apply to stock of foreign corporations.

Appeal and error.- There being nothing in record to contrary, Supreme Court will presume that amount of judgment was right, until contrary is shown, pp. 522, 523.

114 U. S. 523-524, 29 L. 232, BEECHER MFG. CO. v. ATWATER MFG. CO.

Patents. Use in succession of two distinct pairs of dies, of well-known kinds, not combined in one machine, nor co-operating to one result, is not patentable invention, p. 524.

Approved in Thatcher Heating Co. v. Burtis, 121 U. S. 295, 30 L. 946, 7 S. Ct. 1039, citing cases, holding patent for improvement in fire-place heaters, void; Florsheim v. Schilling, 137 U. S. 77, 34 L. 579, 11 S. Ct. 24, improvement in corsets held not patentable; Gunn v. Savage, 25 Fed. 103, reissued patent for ox-shoe dies, held void; National, etc., Mach. Co. v. John R. Williams Co., 44 Fed. 192, 12 L. R. A. 109, and n., cigar-bunching machine held not to be patentable combination; Johnson Co. v. Pacific, etc., Mills Co., 47 Fed. 592, holding Johnson's improved form of street railroad rails, not patentable.

Distinguished in Celluloid Mfg. Co. v. American, etc., Co., 31 Fed. 910, sustaining patent for process and apparatus for making celluloid; Brickill v. Hartford, 49 Fed. 374, sustaining patent for waterheater for fire-engine; Consolidated Fastener Co. v. Columbian, etc., Co., 79 Fed. 797, sustaining Raymond patent stud; Von Schmidt v. Bowers, 80 Fed. 150, 48 U. S. App. 188, affirming S. C., 63 Fed. 583, sustaining Bowers patents for dredgers.

114 U. S. 525-542, 29 L. 264, FORT LEAVENWORTH R. R. v. LOWE.

United States.- Where State land is purchased by United States, for forts, arsenals, etc., with consent of State legislature, Federal jurisdiction over same is exclusive of State authority, pp. 531, 532, 538.

Approved in Sharon v. Hill, 11 Sawy. 130, 24 Fed. 731, holding Federal jurisdiction over appraisers' building in San Francisco, exclusive; Martin v. House, 39 Fed. 695, holding process of State court on judgment lien, could not affect title to such land; Bannon V. Burnes, 39 Fed. 899, holding Kansas City post-office site not