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Page:United States Statutes at Large Volume 45 Part 1.djvu/1508

 SEVENTIETH CONGRESS. SEss. II. Ca. 483. 1929 . 1457 Main tenanc e For water, rent, heating, and lighting ; cemetery, Maintenance. burial expenses, and headstones ; general care and improvements of grounds, buildings, walls, and fences ; repairs to power-plant equip- ment, implements, tools, and fur niture, and p urchase of th e same ; music in chapel and entertainments for beneficiaries ; stationery, books, and periodi cals ; t ransportation of indigent and destitute beneficiaries to the Naval Home, and of sick and insane beneficiaries, their attendants and necessary subsistence for both, to and from other Government hospitals ; employment of such beneficiaries in and about the N aval Home as may be authori zed by the Se cretary of th e Navy, on th e recommendat ion of the gov ernor ; suppo rt of b enefici aries and all other contingent expenses, including the maintenance, repair, and operation of two motor-propelled vehicles, and one motor-propelled passenger-carrying vehicle, to be used only for official purposes, $120,935 ; In all, Naval Home, $207,000, which sum shall be paid out of the fund m na val pen sion incom e from the na val pension fu nd. BUREAU OF ENGINEERING Bureau of Engineer- ing. ENGINEERING For repairs, preservation, and renewal of machinery, auxiliary machinery, et c. machinery, and boilers of naval vessels, yard craft, and ships' boats, distilling and refrigerating apparatus ; repairs, preservation, and renewals of electric interior and exterior signal communications and all electrical appliances of whatsoever nature on board naval vessels, except range finders, battle order and range transmitters and indica- tors, and motors and their controlling apparatus used to operate machinery belonging to other bureaus ; searchlights and fire-control equipments for antiaircraft defense at shore stations ; maintenance Equipment supplies. and operation of coast signal service ; equipage, supplies, and materials under the cognizance of the bureau required for the main- tenance and operation of naval vessels, yard craft, and ships' boats ; care, custody, and operation of the naval petroleum reserves ; pur- chase, installation, repair, and preservation of machinery, tools, and appliances in navy yards and stations, pay of classified field force under the bureau ; incidental expenses for naval vessels, navy yards, and stations, inspectors' offices, the engineering experiment station, such as photographing, technical books and periodicals, stationery, and instruments ; services, instruments and apparatus, supplies, and technical books and periodicals necessary to carry on experimental and research work ; payment of part time or intermittent employment in the District of Columbia or elsewhere of such scientists and tech- nicists as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not exceeding $20 per diem for any person Transfers from naval so employed ; in all, $19,686,300 and, in addition, the Secretary of supply account for new the Treasury is authorized and directed, upon the request of the for shops . machinery Secretary of the Navy, to make transfers during the fiscal years 1929 and 1930 from the naval supply account fund to the appropriations "Engineering, Bureau of Engineering, fiscal years 1929 and 1930," and "Construction and Repair, Bureau of Construction and Repair, fiscal years 1929 and 1930," of sums not to exceed in the aggregate $1,500,000, to be available exclusively for the procurement and instal- lation of new tools and machinery for shops under the cognizance of Proviso. the Bur eaus of Engin eering and Con struction and Repair : Pr o vi d ed , clerical, etc., sere- That the sum to be paid out of this appropriation, under the direction ices. of the Secretary of the Navy, for clerical, drafting, inspection, and messenger service in navy yards, naval stations, and offices of United States inspectors of machinery and naval material for the fiscal year ending June 30, 1930, shall not exceed $1,715,000.

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text: Talk:Roach v. Chapman/Opinion of the Court

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1509

 1458 SEVENTIETH CONGRESS. SEss. II. Cu. 483 . 1929. Engineering experi- ENGINEERING EXPERIMENTAL STATION, ANNAPOLIS, MARYLAND ment station. > > Exp eri men tal wo rk, For original investigation and extended experimentation of naval etc , appliances, testing implements and apparatus ; purchase and installa- tion of such machines and auxiliaries considered applicable for test and use in the naval service ; and for maintenance and equipment of buildings and grounds, $175,000. Bureau of Construc- tion and Repair. BUREAU OF CONSTRUCTION AND REPAIR construction and re- Construction and repair, Bureau of Construction and Repair
 * For

pair of vess els. preservation and completion of vessels on the stocks and in ordinary ; purchase of materials and stores of all kinds ; steam steerers, steam capstans, steam windlasses, and all other auxiliaries ; labor in navy yards and on foreign stations ; purchase of machinery and tools for use in shops ; carrying on work of experimental model tank and wind tunnel ; designing naval vessels ; construction and repair of yard craft, lighters, and barges ; wear, tear, and repair of vessels afloat ; general care and protection of the Navy in the line of construction and repair ; incidental expenses for vessels and navy yards, inspec- tors' offices, such as photographing, books, professional magazines, plans, stati onery, and in struments for drafting room, and for pay of classified field force under the bureau ; services, instruments and apparatus, supplies, and technical books and periodicals necessary to carry on experimental and research work ; for payment of part time or intermittent employment in the District of Columbia, or elsewhere, of such scientists and technicists as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not E q uipment supplies. exceeding $20 per diem for any person so employed iron, and other materials for the manufacture of cordage, anchors, cables, galleys, and chains ; specifications for purchase thereof shall be so prepared as shall give fair and free competition ; canvas for the manufacture of sails ; awnings, hammocks, and other work ; interior appliances and tools for manufacturing purposes in navy yards and naval stations ; and for the purchase of all other articles of equipage at home and abroad ; and for the payment of labor in equipping vessels therewith and manufacture of such articles in the several navy yards ; naval signals and apparatus, other than electric, namely, signals, lights, lanterns, running lights, and lamps and their appendages for general use on board ship for illuminating purposes ; and oil and candles used in connection therewith ; bunting and other materials for making and repairing flags of all kinds ; Proviso. for all permanent galley fittings and equipage ; rugs, carpets, cur- clerical, etc., services. tains, and hangings on board naval vessels, $17,927,500 : Provided, That the sum to be paid out of this appropriation, under the direc- tion of the Secretary of the Navy, for clerical, drafting, inspec- tion, and messenger service in navy yards, naval stations, and offices of superintending naval constructors for the fiscal year ending June 30, 1930, shall not exceed $1,750,000. Bureau of Ordnance. BUREAU OF ORDN ANCE Procuring, etc ., ord- nance and ordnance stores. Plant appliances. Experimental work. ORDNANCE AND ORDNANCE STORES, BUREAU OF ORDNANCE For procuring, producing, preserving, and handling ordnance material, for the armament of ships ; for fuel, material, and labor to be used in the general work under the cognizance of the Bureau of Ordnance ; for furniture at naval ammunition depots, torpedo sta- tions, naval ordnance plants, and proving grounds ; for technical books ; plant appliances as now defined by the " Navy Classification of Accounts " ; for machinery and machine tools ; for experimental work in connection with the development of ordnance material
 * for hemp, wire,

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1510

 SEVENTIETH CONGRESS. SEss. II. Ci-I. 483. 1929. 1459 for the Navy ; for maintenance of proving grounds, powder factory, torped o stat ions, gun fa ctory, ammun ition d epots, and n aval o rdnanc e plants, and for target practice ; not to exceed $15,000 for minor improvements to buildings, grounds, and appurtenances of a char- acter which can be performed by regular station labor ; for payment of par t time or in termit tent e mploym ent in the Di strict of Co lumbia , or elsewhere, of such scientists and technicists as may be contracted for by the Secretary of the Navy in his discretion at a rate of pay not exceeding $20 per diem for any person so employed ; for the maintenance, repair, and operation of horse-drawn and motor- vehicles, etc. propelled freight and passenger-carrying vehicles, to be used only for official purposes at naval ammunition depots, naval proving grounds, naval ordnance plants, and naval torpedo stations ; for the pay of chemists, clerical, drafting, inspection, and messenger service in navy yards, naval stations, naval ordnance plants, and naval ammunition depots, and for care and operation of schools Scho ols a t de signa ted during the fiscal year 1930 at ordnance stations at Indianhead, Mary- stations . land, Dahlgren, Virginia, and South Charleston, West Virginia, hvis. , etc., sere $11,669,400 : Provide That the sum to be paid out of this appro- ices. priation under the direction of the Secretary of the Navy for chemists, clerical, drafting, inspection, watchmen, and messenger service in navy yards, naval stations, naval ordnance plants, and naval am- munition depots for the fiscal year ending June 30, 1930, shall not exceed $997,400. Smokeless powder. For purchase and manufacture of smokeless powder, $1,000,000. Torpe does and a ppli ances, Bur eau of Or dnanc e : For the purc hase Torpedoes, etc. and manufacture of torpedoes and appliances, to be available until expended, $450,000. BUREAU OF SUP PL IES AND ACCOUNTS PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNE L Pay of naval personnel : For pay and allowances prescribed by law of officers on sea duty and other duty, and officers on waiting orders- pay, $29,412,520 ; rental allowance, $6,170,049 ; subsistence allowance, $3,688 ,472 ; in all, $39,27 1,041 ; officers on th e retired list, $5,276,500 ; for hi re of qua rters for officers serving with troo ps where there are no public quarters belonging to the Government, and where there are not sufficient quarters possessed by the United States to accommodate them, and hire of quarters for officers and enlisted men on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhab- itable, $3,000 ; pay of enlisted men on the retired list, $2,294,239 ; extra pay to men reenlisting after being honorably discharged, $1,626,200 ; interest on deposits by men, $1,800 ; pay of petty officers, seamen, landsmen, and apprentice seamen, including men in the engine er's f orce a nd men detai led fo r duty with t he Fis h Comm ission , enlisted men, men in trade schools, pay of enlisted men of the Hospital Corps, extra pay to men for diving and cash prizes for men fo r exce llence in gu nnery, targe t pract ice, a nd eng ineeri ng com - petitions. $68 .,314,935 ; outfits for all enlisted men and apprentice sea- men of t he Navy o n first e nlistment at not to exceed $100 eac h, civili an clothing not to exceed $15 per man to men given discharges for bad conduct or undesirability or inaptitude, reimbursement in kind of clothing to persons in the Navy for losses in cases of marine or air craft disasters or in the operation of water or air borne craft, and the autho rized issu e of clot hing and equip ment to t he me mbers of the Nurse Corps, $1,827,470 ; pay of enlisted men undergoing sentence Bureau of Supplies and Ac counts. Pa y, etc., of the Navy. Officers. Pay, rent al, subsi st- ence allowance. Retired. Hire of quarters. Enlisted men. Outfits, etc. Clothing reimburse- ments, etc.

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text:
Le Roy v. Tatham (63 U.S. 132)

THIS was an appeal from the Circuit Court of the United States for the southern district of New York, sitting in equity.

It was a bill filed by the Tathams against the appellants, for an infringement of the patent for making lead pipe, which is particularly described in a former case reported in 14 Howard, 156.

The Circuit Court decreed that John Hanson and Charles Hanson, of England, were the first and original inventors and discoverers of the improvement in making pipes and tubes from metallic substances, set forth and described in the bill of complaint.

That the subject matter of the said invention and discovery is patentable.

That the complainants are the legal patentees and owners, within the United States, of the said invention and discovery, set forth in the bill of complaint, which sufficiently describes the same.

That the defendants have infringed and violated the said patent right of the complainants in the manner charged in the bill of complaint.

The court thereupon ordered a reference to a master to take an account of the damages sustained by the complainants. Upon the coming in of his report, sundry exceptions were filed by the defendants, which were overruled, and the court decreed the amount which the defendants should pay. An appeal from this decree brought the case up to this court.

The facts of the case are stated in the opinion of the court.

It was argued by Mr. Stoughton and Mr. Noyes for the appellants, and by Mr. Keller and Mr. Goddard for the appellees.

The principal ground upon which the counsel for the appellants sought to reverse the decree was, that the patent to the complainants was void, because the Hansons were not the original and first inventors of the improvements therein described and claimed.

The discussion of this proposition filled the court room with models and machines upon both sides, the description of which would be of little interest to the readers of this volume. They will be, therefore, entirely passed over.

Mr. Justice McLEAN delivered the opinion of the court.

title: Le Roy v. Tatham (63 U.S. 132)


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1511

 1460 SEVENTIETH CONGRESS. SESS. II. CH. 483. 1929. of court-martial, $174,900, and as many machinists as the President may from time to time deem necessary to appoint ; and apprentice seamen under training at training stations and on board training ships, at the pay prescribed by law, $1,530,000 ; pay and allowances of the Nurse Corps, including assistant superintendents, directors, and as sistan t dire ctors- pay $6 84,040, renta l allo wance $24,00 0, sub - sistence allowance $20,805, pay retired list $12,185 ; in all, $741,030 ; rent of quarters for members of the Nurse Corps ; pay and allow- ances of transferred and assigned men of the Fleet Naval Reserve, $9,722,712 ; reimbursement for losses of property as provided in the Act approved October 6,1917 (U . S . C., pp. 1144, 1145, sees . 981, 982), as amended by the Act of March 3, 1927 (U. S. C., Supp. I, p. 224, sec. 983), $5,000 ; payment of six months' death gratuity, $150,000 ; in all, $130,938,827 ; Subsistence. Subsistence of naval personnel : For provisions and commuted Provi sion s, c ommu- tation of rations, etc. rations for enlisted men of the Navy, which commuted rations may be paid to caterers of messes in case of death or desertion upon orders of the commanding officers, at 50 cents per diem, and midshipmen at 80 cents per diem, and commuted rations stopped on account of sick in hospital and credited at the rate of 75 cents per ration to the naval hospital fund ; subsistence of men unavoidably detained or absent from vessels to which attached under orders (during which subsist- ence rations to be stopped on board ship and no credit for commuta- tion ther efor to be giv en) ; quarters and subsistence of men on detached duty ; subsistence of members of the Naval Reserve during period of active service ; subsistence in kind at hospitals and on board ship in lieu of subsistence allowance of female nurses and Navy and Marine Corps general courts-martial prisoners undergoing imprison- ment with sentences of dishonorable discharge from the service at the expiration of such confinement ; in all, $19,048,455 ; Transportation and recruiting of naval personnel : For mileage and actual and necessary expenses and per diem in lieu of subsistence as authorized by law to officers of the Navy while traveling under orders ; for mileage, at 5 cents per mile, to midshipmen entering the Naval Academy while proceeding from their homes to the Naval Academy for examination and a ppointment as midshipmen, and not more than $2,500 shall be available for transportation of midshipmen, including reimbursement of traveling expenses while traveling under orders after appo intment as midshipme n ; fo r ac tu al tr av el in g expenses of female nurses ; for travel allowance or for transportation and su bsiste nce as autho rized by law of enl isted men up on dis charge ; transportation of enlisted men and apprentice seamen and applicants for enlistment at home and abroad, with subsistence and transfers en route, or cash in lieu thereof ; transportation to their homes, if residents of the United States, of enlisted men and apprentice sea- men disch arged on m edic al su rvey, wit h sub siste nce and t ransf ers en route, or cash in lieu thereof ; transportation of sick or insane enlisted men and apprentice seamen an d insane supernumera ry patients to hospitals, with subsistence and transfers en route, or cash in lieu thereof ; apprehension and delivery of deserters and stragglers, and for railway guides and other expenses incident to transportation ; expenses of recruiting for the naval service ; rent of rendezvous and expenses of maintaining the same ; advertising for and obtaining men and apprentice seamen ; actual and necessary expenses in lieu of mileage to officers on duty with traveling recruiting parties ; transportation of dependents of officers and enlisted men ; expenses of funeral escorts of naval personnel ; in all, $4,525,500 ; In all, for pay, subsistence, and transportation of naval personnel, $154,512,782, of which sum $578,500 shall be charged to the unex- Machinists, appren- tice seamen under train- ing. Nurse Corps . Fleet Naval Reserv- ists. Property losses. Vol. 40, p. 389. U. S. Code, p. 1144. Vol.44,p. 1368. U. S. Code, Supp.I, p. 224. Death gratuit y. Subsi stenc e wh ile a b- sent from dut y. Naval Reserve, etc. Transportation. R ecrui ting. Transporti ng de- pendents. A ggreg ate amou nt.

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text: Talk:Le Roy v. Tatham (63 U.S. 132)

title: Talk:Le Roy v. Tatham (63 U.S. 132)


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1512

 SEVENTIETH CONGRESS. SEss. II. CH. 483 . 1929 . 1461 pended balance of the appropriation "Pay, subsistence, and transpor- tation, Navy, 1928," which is continued and made immediately avail- able for such purposes ; and the money herein specifically appropriated and made available for "Pay, subsistence, and transportation of naval personnel," shall be disbursed and accounted for in accordance with existing law and shall constitute one fund : Provided, That additional commissioned, warranted, appointed, enlisted, and civilian personnel of the Medical Department of the Nay, required for the care of patients of the United States Veterans' Bureau in naval hospitals, may be employed in addition to the numbers appropriated for in this Act : Provided further, That no part of this appropriation shall be available for the pay of any midshipmen whose admission subsequent to January 30, 1929, would result in exceeding at any time an allowance of four midshipmen for each Senator, Representative, and Delegate in Congress ; of one midshipman for Porto Rico, a native of the island, appointed on nomination of the governor, and of four midshipmen from Porto Rico, appointed on nomination of the Resident Commissioner ; and of two midshipmen for the District of Columbia : Provided further, That nothing herein shall be con- strued to repeal or modify in any way existing laws relative to the appointment of midshipmen at large, from the enlisted personnel of the naval service, or from the Naval Reserve. Accounting, etc . Provisos. Additional medical, etc., personnel for Vet- erans' Bureau patients at naval hospitals. Res tri cti on on ad- missions to Naval Academy. Appointments at large or from enlisted men not affected. ItIAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS For equipage, supplies, and services under the cognizance of the Maintenance. Bureau of Supplies and Accounts, including stationery for com- manding, executive, and navigating officers of ships, boards and courts on ships, and chaplains ; services of civilian employees under the co gnizan ce of the B ureau of Sup plies and A ccount s ; freight Freight, etc., Depart- g 2 ment and bureaus. express, and parcel-post charges pertaining to the Navy Department and Naval Establishment, $9,940,000 : Provided, That the sum to be Pre ocai, etc ., serv- paid out of this appropriation, under the direction of the Secretary ice. of the Navy, for chemists and for clerical, inspection, and messenger service in the supply and accounting departments of the navy yards, naval stations, and disbursing offices for the fiscal year ending June 30, 19 30, sha ll not exceed $3,140 ,000. Clothing and small- The clothing and small-stores fund shall be charged with the value stares fund. of all issues of clothing and small stores made to enlisted men of Se Issues to Naval Re- the Naval Reserve and the uniform gratuity paid to officers of the Naval Reserve : Provided, That the cost of printing a Federal stand- Pso ea . standard and stock catalogue, and changes therein, when compiled and adopted stock catalogue. by such Federal agency as may be designated by the President, shall be cha rge d to the " Naval Supply Account Fund," and this fund shall be reimbursed, when copies are issued to the several departments co Rei mbu rsem ent of and establishments, from the appropriations available for the procurement of supplies. FUE L AND TRA NSPORTAT ION, BURE AU OF SU PPLIES AND ACCOUN TS Fuel, transportation For coal and other fuel for submarine bases and steamers and of, etc .' ships' use, including expenses of transportation, storage, and handling the same and the removal of fuel refuse from ships ; main- tenance and general operation of machinery of naval fuel depot s and fuel plants ; water for all purposes on board naval vessels, and ice for the cooling of water, including the expense of transportation and Pro vis os storage of both, $9,856,118 : Provided, That fuel acquired other than Issue of, charged to by purchase shall not be issued without charging the applicable ape ropriation applica- appropriation with the cost of such fuel at the rate current at the time of issue for fuel purchased : Provided further, That the Presi- ha does for fuel on dent may direct the use, wholly or in part, of fuel on hand, however

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text:
Le Roy v. Tatham (63 U.S. 132)/Opinion of the Court

This is an appeal from the final decree of the Circuit Court of the United States for the southern district of New York, on a bill filed by the appellees to restrain the infringement by the appellants of a patent for making lead pipe, and for general relief.

A suit at law was commenced, after the filing of the bill, on or about the 10th of May, 1847, to recover damages for the same infringement.

This action was twice tried-once on the 3d May, 1848, and resulted in a verdict for the appellants, which was set aside by the court, and a new trial awarded. It was tried in May, 1849, when the jury gave a verdict for the respondents for $11,394 in damages. Exceptions were taken to the charge, and the judgment was reversed, and a new trial ordered in December term, 1852. 14 How., 156.

Before this decision was made, and in January, 1852, it was stipulated between the counsel for the respective parties that the testimony taken on the last trial in the action at law should be read; and it forms the principal part of the evidence on both sides in this suit.

The action at law was not to be tried again; but the suit in equity was prosecuted in its stead.

The patent under which the plaintiffs claim bears date the 14th March, 1846; and in their schedule they say: 'Our invention consists in certain improvements upon and additions to the machinery used for manufacturing pipes and tubes from lead or tin, or any alloy of soft metals, capable of being forced, by great pressure, from out of a receiver, through or between apertures, dies, and cores, when in a set or solid state, set forth in the specification of a patent granted to Thomas Burr, of Shrewsbury, in Shropshire, England, dated the 11th of April, 1820, recited in the Repertory of Arts, &c., London, &c.'

The bill alleges that John and Charles Hanson, of England, were the inventors of the improvements specified, on or prior to the 31st of August, 1837; that on the 10th of January, 1840, the Hansons assigned to H. B. & B. Tatham, two of the defendants in error, the full and exclusive right to said improvements; that on the 29th March, 1841, letters patent were granted for the improvements to the Tathams, as the assignees of the Hansons; that afterwards H. B. & B. Tatham assigned to G. N. Tatham, the remaining defendant, an undivided third part of the patent.

On the 14th March, 1846, the said letters patent were surrendered, on the ground that the specifications of the improvements claimed were defective; and a new patent was issued, which granted to the patentees, their heirs, &c., for the term of fourteen years from the 31st August, 1837, the exclusive right to make and vend the improvements secured.

The defendants denied the infringement charged.

A great number of facts were proved, showing the success ful manufacture of lead in the mode stated in the specifications, and particularly that 'pipes thus made are found to possess great solidity and unusual strength, and a fine uniformity of thickness and accuracy is arrived at, such as, it is believed, has never been attained by any other machinery.' And they say the essential difference in the character of this pipe, which distinguishes it, as well as that contemplated by Thomas Burr, from all others heretofore known or attempted, is, that it is wrought under heat, by pressure and constriction, from set metal, and that it is not a casting formed in a mould.

'And it was proved, that in all the modes of making lead pipe previously known and in use, it could be made only in short pieces; but that, by this improved mode, it could be made of any required length, and also of any size; and that the introduction of lead pipe made in the mode described had superseded the use of that made by any of the modes before in use, and that it was also furnished at a less price.' And it was proved that lead, when recently become set, and while under heat and extreme pressure, in a close vessel, would reunite perfectly after a separation of its parts.

In the case of the Househill Company v. Neilson, Webster's Patent Cases, 683, it is said: 'A patent will be good, though the subject of the patent consists in the discovery of a great, general, and most comprehensive principle in science or law of nature, if that principle is, by the specification, applied to any special purpose, so as thereby to effectuate a practical result and benefit not previously attained.'

Mr. Justice Clerk Hope, in his charge to the jury, said: 'The specification does not claim anything as to the form, nature, shape, materials, numbers, or mathematical character, of the vessel or vessels in which the air is to be heated, or as to the mode of heating such vessels.'

Now, in this case it must not be forgotten that the machinery was not claimed as a part of the invention; but the jury were instructed to inquire 'whether the specification was not such as to enable workmen of ordinary skill to make machinery or apparatus capable of producing the effect set forth in said letters patent and specification;' and that, in order to ascertain whether the defendants had infringed the patent, the jury should inquire whether they 'did, by themselves or others, and in contravention of the privileges conferred by the letters patent, use machinery or apparatus substantially the same with the machinery or apparatus described in the plaintiffs' specification, and to the effect set forth in said letters and specification.'

Now, as no specification was claimed in regard to the machinery, it is not perceived how the patent could be infringed, unless upon the principle that, having claimed no specific mode of applying the heat, he could use any mode he might prefer, in defiance of the rights of other patentees.

Now, this cannot be law; certainly it is not law under the patent act of this country. That act requires the making and constructing 'the thing, in such full, clear, and exact terms as to enable any person, skilled in the art or science to which it appertains, to make, construct, and use the same.'

Alderson B. Webster's Patent Cases, 342, says: 'The distinction between a patent for a principle and a patent which can be supported is, that you must have an embodiment of the principle in some practical mode described in the specification of carrying into actual effect; and then you take out your patent, not for the principle, but for the mode of carrying the principle into effect.'

'It is quite true, that a patent cannot be taken out solely for an abstract philosophical principle-for instance, for any law of nature or any property of matter, apart from any mode of turning it to account. A mere discovery of such a principle is not an invention, in the patent-law sense of the term.' Web. Cases, 683.

However brilliant the discovery of the new principle may be, to make it useful it must be applied to some practical purpose. Short of this, no patent can be granted. And it would not seem to be a work of much labor for a man of ingenuity to describe what he has invented.

The 'newly-discovered property in the metal, and the practical adaptation of it, by these means, to the production of a new result, namely, the manufacture of wrought pipe out of solid lead,' was the discovery. 'There can be no patent for a principle; but for a principle so far embodied and connected with corporeal substances as to be in a condition to act and to produce effects in any trade, mystery, or manual occupation, there may be a patent.'

'It is not that the patentee conceived an abstract notion that the consumption in fire-engines may be lessened; but he discovered a practical manner of doing it, and for that he has taken his patent. This is a very different thing from taking a patent for a principle.'

The principle may be the new and valuable discovery, but the practical application of it to some useful purpose is the test of its value.

In the case of Leroy v. Tatham, 14 How., 136, it was said, 'that in the view taken by the court in the construction of the patent, it was not material whether the mere combination of machinery referred to were similar to the combination used by the Hansons, because the originality did not consist in the novelty in the machinery, but in bringing a newly-discovered principle into practical application, by which a useful article is produced, and wrought pipe made, as distinguished from cast pipe.' Now, it must be observed that the machinery used was admitted to be old, and any difference in form and strength must arise from the mode of manufacturing the pipes. The new property in the metal claimed to have been discovered by the patentees belongs to the process of manufacture. The result is before us. We see the manufactured article, and are told that its substance is greatly modified and improved, but we derive little or no knowledge from inspecting it. Except by the known process of its formation, we cannot appreciate its value, or comprehend the various purposes for which it was made. We want to see and understand the processes by which it was formed, the machinery in action, and a full explanation of its parts.

The claimants say: 'We wish it to be understood that we do not confine ourselves to the mode of operation herein described, by making the cylinder rise with the hydraulic ram and other parts, and keeping the piston stationary, as the same effects will take place when the cylinder is stationary, and the power of the ram is applied to the top of the piston to cause it to descend into the cylinder, and our improvements might be applied to a cylinder and press, fitted up in other respects upon Burr's plans, whereby the pipe is received over the top of the machinery, &c., all which and other variations will readily suggest themselves to any practical engineer, without departing from the substantial originality of our invention.

'The combination of the following parts above described is claimed, to wit, the core and bridge, or guide-piece, with the cylinder, the piston, the chamber, and the die, when used to form pipes of metal, under heat and pressure, in the manner set forth, or in any other mode substantially the same.'

To the above is added: 'We do not claim as our invention and improvement any of the parts of the above-described machinery, independently of their arrangement and combination above set forth.'

The machinery described in both the above sentences is only claimed when used to form pipes of metal under heat and pressure. And it must be admitted, that the machinery described and illustrated by the drawings is sufficiently explicit to show the nature of the invention. If it be admitted that the machinery, or a part of it, was not new when used to produce the new product, still it was so combined and modified as to produce new results, within the patent law. One new and operative agency in the production of the desired result would give novelty to the entire combination.

The specifications are drawn with care and no ordinary skill, and they cannot be misunderstood. No one can be supposed to mistake the new product for the machinery through which it is developed. And in regard to a practical application of the new conception, it is as necessary as the conception itself; and they must unite in the patent. 'The apparatus described is properly regarded by the patentees as subordinate, and as important only as enabling them to give practical effect to the newly-discovered property, by which they produce the new manufacture.' Certainly no comparison was instituted between the mechanical contrivance used, and the new discovery.

In the case of Leroy v. Tatham, 14 Howard, 176, the court instructed the jury, 'that the originality of the invention did not consist in the novelty of the machinery, but in bringing a newly-discovered principle into practical use.'

Principle is often applied to a machine to describe its movements and effect; and we are told that the originality of this invention did not 'consist in the novelty of the machinery, but in bringing a newly-discovered principle into practical effect.' Whether the new manufacture was the result of frequent experiments or of accident, it will be admitted that the process has been demonstrated to the satisfaction of all observers; and this has been done in the mode described.

In the complicated and powerful machinery used to produce this result, it is not perceived why it should not be adverted to, as showing the most natural and satisfactory explanation of the discovery. It is only necessary to examine the machinery combined, to see that its parts are dissimilar to others in use; and there would seem to be no other reason for the use of the new principle, to the exclusion of the mechanical structures employed, except a higher reach of knowledge However this may be, it would seem that, when dealing with a patentable subject, its appropriate name should be given to the machinery by which it was developed. The admitted want of novelty in the machinery, referred to so frequently, might invite criticism, if it were necessary, to the case in 14th Howard; but the case now before us is in chancery, and has been deliberately considered.

Up to the year 1837, the date of Hanson's invention, two methods only were known of making wrought pipe from lead, in the set or solid state, and these were the Burr method and the draw-bench method. As soon as the plan of the Hansons was introduced, they superseded all other methods.

Both of the above methods were defective-the draw-bench on account of the great labor, limited length of pipe produced, and unequal thickness; and the Burr, because of the difficulty of holding the core central in the die, in forming pipes of small calibre.

The superiority of the Burr method, for the general purposes of manufacturing leaden pipes which require different sizes to be made, was so slight, as it seems, that for seventeen years after the date of the Burr patent, nor one of such machines was put in use in the United States or in Europe.

In this combination of machinery there are six essential parts:

First. A metal cylinder, capable of receiving the lead in a fluid state, and permitting it to become set or solid therein, and of great strength.

Second. A piston, which is a solid metallic body, fitted to the bore of the cylinder, to work therein accurately, to prevent the charge of lead from escaping around it, and so connected with a hydraulic press, or other motor of great power, as to traverse the length of the cylinder with a force applied of several tons, to force out the charge of lead not in the liquid state.

Third. A die, which is simply a block of steel, with a central hole of a cylindrical form, and of a diameter of the pipe to be made.

Fourth. A core, which is simply a short cylindrical rod of steel, of the diameter of the calibre of the pipe to be made.

Fifth. A bridge or core-holder, which is a plate of metal with apertures, having four or more arms radiating from the central part, which has a central hole of the size of the core.

Sixth. A chamber of construction, located between the bridge and the die, and extending from the one to the other, and either conical or cylindrical, provided the end next the bridge be made of greater diameter than the die.

It is rare that so clear and satisfactory an explanation is given to the machinery which performs the important functions above specified. We are satisfied that the patent is sustainable, and that the complainants are entitled to the relief claimed by them.

The cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the southern district of New York, and was argued by counsel; on consideration whereof, it is the opinion of this court that the complainants in the court below are entitled to recover from the defendants the sum of $16,815.57. Whereupon, it is now here ordered, adjudged, and decreed, by this court, that the same is hereby affirmed to the extent of the aforesaid sum of $16,815.57, and that it be reversed as to the residue; and that this cause be, and the same is hereby, remanded to the said Circuit Court, with directions to enter a decree for that amount in favor of the complainants. And it is further ordered and decreed by this court, that the costs in the court below be paid by respondents in that court, the appellants here, and that each party pay his own costs in this court.


text: Talk:Le Roy v. Tatham (63 U.S. 132)/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1513

 1462 SEVENTIETH C ONGRESS. SESS. II. CH. 483. 1929. Fuel oil reserve. Bureau of Medicine and Surgery. acquired, to be charged at the last issue rate for fuel acquired by purchase, when, in his judgment, prices quoted for supplying fuel are e xcessive. RESERVE FuliL OIL Procurement, etc ., for For the procurement and transportation of petroleum products storage. to be placed in reserve storage tanks, $450,000, to be available imme- diately, and, in addition, the unobligated balance on January 30, 192 9, of the cont inuin g ap propr iatio n " Reserve material, Navy," and such sum or sums as may accrue from time to time within the total of the appropriation " Fuel and transportation, Bureau of Sup- plies and Accounts, 1930," from the purchase of fuel oil at an average rate lower than 97.22 cents per barrel, are hereby made available for issue restricted. such purpose. Fuel acquired hereunder shall not be issued without the approval of the President. BURE AU OF MEDIC INE AND SU RGERY MEDICAL DEPARTMENT Surgeons' necessaries. For surgeons' necessaries for vessels in commission, navy yards, Civil establishment. naval stations, and Marine Corps ; and for the civil establishment at the s ever al na val h ospi tals, navy yar ds, n aval medic al s upply depots, Naval Medical School and dispensary, Washington, and Naval Academy ; for tolls and ferriages ; purchase of books and sta- tionery ; hygienic and sanitary investigation and illustration tary, hygienic, administrative, and special instruction, including the vehicles, etc. issuing of naval medical bulletins and supplements ; purchase and repairs of nonpassenger-carrying wagons, automobile ambulances, and harness ; purchase of and feed for horses and cows ; maintenance, repai r, and opera tion o f thre e pass enger-c arryin g moto r vehi cles f or naval dispensary, Washington, District of Columbia, and of one motor-propelled vehicle for official use only for the medical officer on out-patient medical service at the Naval Academy ; trees, plants, care of grounds, garden tools, and seeds ; incidental articles for the Naval Medical School and naval dispensary, Washington, naval medi cal suppl y dep ots, sick quar ters at N aval Acade my a nd ma rine barr acks ; wa shing for medic al d epart ment at N aval Medic al S chool and naval dispensary, Washington, naval medical supply depots, sick quarters at Naval Academy and marine barracks, dispensaries at navy yards and naval stations, and ships ; and for minor repairs on build- ings and grounds of the United States Naval Medical School and naval medical supply depots ; rent of rooms for naval dispensary, Care, etc., of insane Washington. District of Columbia, not to exceed $1,200 ; for the care, on Pacific coast. maintenance, and treatment of the insane of the Navy and Marine Corps on the Pacific coast, including supernumeraries held for trans- fer to the Government Hospital for the Insane ; for dental outfits and dental material ; and all other necessary contingent expenses ; Proviso. in all, $2,066,50 0 : Provid ed, That the sum to be paid out of this Clerical, etc ., services. appr opri ation, und er t he di recti on of the Secr etary of the N avy, for clerical service in naval hospitals, dispensaries, medical supply depots, and Naval Medical School, for the fiscal year ending June 30, 19 30, shall not exce ed $150,0 00. Care of the dead. CA RE OF THE DE AD Expenses of inter- ment of officers, etc ., dying in s ervic e. For the care of the dead ; for funeral expenses and interment or tran spor tatio n to thei r hom es or to d esig nated ceme teri es of the remains of officers (including officers who die within the United States) and enlisted men of the Navy and Marine Corps, of members of the Nurse Corps, reservists on active or training duty, and accepted
 * sani-

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1514

 SEVENTIETH CONGRESS. SEss. II. CH. 483. 1929 . applic ants f or enl istmen t, civ ilian employe es of the Na vy Dep artmen t and Naval Establishment who die outside of the continental limits of the United States, and former enlisted men who are discharged while in naval hospitals and are inmates of said hospitals on the date of their deat h ; for funeral expenses and interment of the remains of pensioners and destitute patients who die in naval hos- pitals ; for purchase and care of cemetery lots ; for removal of remains from abandoned cemeteries to naval or national cemeteries, or to their home s, in cludi ng re main s int erred in isola ted g rave s at home and abroad, and remains temporarily interred, $75,000 : Provided, That the above provision shall apply in the case of officers and enlisted men of the Navy and Marine Corps on the retired list who die while on active duty. BUREAU OF YARDS AND DOCKS CONTI NGENT, B UREAU OF YARDS AND DOCKS For contingent expenses and minor extensions and improvements Contingent. of public works at navy yards and stations, $125,000. PUB LIC W ORKS, BUREA U OF YARDS AND D OCKS 1463 Civilian employees dying abroad. Proviso. Retired officers, etc ., on active duty, in- cluded. Bureau of Yards and Docks. MAINTENANCE, BUREAU OF YARDS AND DOCKS For the labor, materials, and supplies necessary, as determined by the Secretary of the Navy, for the general maintenance of the activi- ties and prope rties now or h ereaf ter under the cogn izanc e of the Bureau of Yards a nd Docks, including the purchase, exchan ge (inc luding parts ), mai ntenan ce, re pair, a nd ope ration of pa ssenge r- carrying vehicles for the Navy Department (not to exceed ten in number) and the Naval Establishment not otherwise provided for, and including not to exceed $1,150,000 for clerical, inspection, draft- ing, messenger, and other classified work in the field, $7,639,300 : Provided, That during the fiscal year 1930, the motor-propelled passenger-carrying vehicles to be purchased hereunder shall not exceed the following respective numbers and costs : One $4,000, five at $2,00 0 each, t en at $1, 500 each, twenty- eight at $650 each, ten mot or cycles at $450 each, and five motor busses at $3 .800 each : Provided further, That the Secretary of the Navy shall sell, or exchange in part payment for such new vehicles to cost $1,200 or more, the follow- ing respective numbers of motor-propelled passenger-carrying vehicles in use and of makes which now cost in excess of the following respective prices per vehicle to replace : One $2,500, five at $1,500 each, and ten at $1,200 each : Provided further, That expenditures Limit for operation, from a ppropr iation s cont ained in thi s Act f or the maint enance, oper - ation, and repair of motor-propelled passenger-carrying vehicles, incl uding the compe nsat ion o f ope rato rs, s hall not excee d in the aggregate $110,000, exclusive of such vehicles owned and operated marine Corps, out- by the Marine Corps in connection with expeditionary duty without s e lu dedin ental limi ts, the continental limits of the United States and motor cycles, and on any one vehicle shall not exceed for maintenance, upkeep, and repair, exclusive of garage rent, pay of operators, tires, fuel and lubricants, one-third of the market price of a new vehicle of the same make or class, and in any case more than $500. General maintenance. Vehicles. Clerical, etc ., services. Provisos . Purchases of passen- ger vehicles limited. Sale or exchange of vehi cles now in us e for new ones. Public works. Navy yard, Boston, Massachusetts : Improvement of water front, Boston, Mass. $119,70 0 ; improvement of power plant and distributing systems, $75,000 ; in all, $194,700.

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text: 1911 Encyclopædia Britannica/Bloet, Robert


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1515

 1464 New York, N. Y. Philadelphia, Pa. Washington, D. C. Norfolk, Va. Charleston, S. C. Mare Island, Calif. Pe arl Harbo r, Ha- waii . Cavite, P. I. Ammunition storage. Ante, p. 928. Vol.44,p. 1285. Ante, p. 630. Lake Denmark, N. J. Fort Mifflin, Pa. Quantico, Va., Ma- rine Barracks. Vol.44, p .1101. Melville, R. I. Philadelphia, Pa ., airc raft factory. Hampton Roads, Va. Pensacola, Fla. Coco Solo, Canal Zone, air station. San Diego, Calif ., air station. Sand Point, Wash ., air station. Pearl Harbor, Ha- w aii, air stat ion. SEVENTIETH CONGRESS. SEss. II. Cia. 483 . 1929 . Navy yard, New York New York : Improvement of electric system, $25,000 ; improvement oY distributing systems, $49,150 ; improvement of roofs, $90,000 ; in all, $164,150. Navy yard, Philadelphia, Pennsylvania : Dredging, to continue, $100,000 ; improvement of blocking, dry dock numbered 3, $16, 000 ; in all, $116,000. Navy yard, Washing ton, District of Columbia : E xte ns io n o f bo ile r shop, $55,000 ; improvement of brass foundry, $50,000 ; in all, $105,000. Navy yard, Norfolk, Virginia : Improvement of electric system, $25,000 ; improvement of power plant, $40,000 ; in all, $65,000. Navy yard, Charleston, South Carolina : Dredging, to continue, $36,000 ; extension of dry dock, $300,000 ; in all, $336,000. Navy yard, Mare Island, California : Dredging, to continue, $100,000 ; improvement of power plant and distributing sys tems , $100,000 ; improvement of roofs, $100,000 ; in all, $300,000. Naval station, Pearl Harbor, Hawaii : Improvements to channel and harbor, to complete, $137,000 ; final payment for and transfer and erection of two hundred-ton crane, $260,000 ; in all, $397,000. Naval station, Cavite, P. I. : Replacement of telephone line to Manila, $28,000. Ammunition storage facilities, Navy : To continue providing ammunition sto rage faciliti es authorized by the Second Deficiency Act, fiscal year 1928, $1,500,000 ; and the appropriation under this head for the fiscal years 1928 and 1929 is continued available during the fiscal year 1930. Naval ammunition depot, Lake Denmark, New Jersey : Re pl ac e- ment of certain public works destroyed by explosion, $100,000. Naval ammunition depot, Fort Mifflin, Pennsylvania : Improve- ment of power plant, $4,000. Marine Barracks, Quantico, Virginia : To complete public works as authorized by the Act approved February 15, 1927 (44 Stat., p. 1101), $555,000. Naval fuel depot, Melville, Rhode Island : Replacement of boiler plant, to complete $85,000. Naval aircraft factory, Philadelphia ; Pennsylvania : Improvement of flying field, $7,500 . Naval air station, Hampton Roads, Virginia : Improvement of carpenter and machine shops, $10,000 ; improvement of flying field, $30,000 ; in all, $40,000. Naval air station, Pensacola, Florida : Improvement of landplane fi el d, $42,000. Naval air station, Coco Solo, Canal Zone : Distribution systems, $30,000 ; quarters for married chief petty officers, $72,000 ; store house, $187,000 ; engine overhaul shop, $90,000 ; convert hangar into garage, $27,000 ; floating roof, gasoline tank, $3,500 ; quarters for officers, $120 ,000 ; in all, $529,500. Naval air station, San Diego, California : Extension of erection shop, $150,000 ; improvement of steam distribution, $19,500 ; sh ell house and bomb magazine, $9,000 ; extension of building numbered 4, $30,000 ; dre dging and ex tensio n of seapla ne run way, $60,000 ; improvement of flying field, $25,000 ; in all, $293,500. Naval air station, Sand Point, Washington : Engine overhaul shop, $70,000 ; aircraft overhaul shop, $60,000 ; runway and beach, $35,000 ; storehouse, $60,000 ; power house, distributing systems, roads, and walks, $70,000 ; in all, $295,000. Naval air station, Pearl Harbor, Hawaii : Refrigerating plant for crews' galley, $15,000 ; extension of motor test stands, 25,000 ; in al l, $40,000.

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text:
City of New Orleans v. Gaines

THIS case was brought up by writ of error from the Circuit Court of the United States for the eastern district of Louisiana.

The facts of the case are stated in the opinion of the court.

It was argued by Mr. Benjamin for the plaintiff in error, and by Mr. Phillips for the defendant, upon which side there was also a brief filed by Mr. Perin.

Mr. Benjamin, before proceeding to the argument, referred to an agreement of counsel, which had been filed, to make a part of the case.

The record in this case shows that the cause was tried before the judge, under the Louisiana practice, without the intervention of a jury, and, as originally printed, contained no statement of facts which could form a substitute for a verdict, so as to enable this court to correct any error of law that might be apparent in the decision of the lower court. This defect has been supplied by the consent of counsel, since filed, which shows that the case was decided below exclusively on the written deeds and record evidence, copied at length into the transcript filed in this court, and the proper construction of these deeds and records and their legal effect being matters of law, afford the court the necessary basis for the exercise of its revisory powers.

Mr. Phillips said that all he knew about the agreement was, that Perin signed it, understanding the court would grant a ''certiorari. Mr. Perin'' says that the agreement was solicited and obtained from him long after the transcript had been filed in this court. But he could not imagine that that paper would be offered as a substitute for bills of exceptions to the reception or rejection of evidence, or to an agreed statement of facts, which should have been reserved or made on the trial of the cause.

Mr. Phillips then proceeded, as Mr. Benjamin had done before, to discuss the merits of the cause; but, as the admission of this agreement was a necessary preliminary to the discussion of the merits, and as this agreement was entirely passed over in the opinion of the court, the reporter refrains from admitting the argument of the merits upon either side.

Mr. Justice CATRON delivered the opinion of the court.

title: City of New Orleans v. Gaines


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1516

 SEVENTIETH CONGRESS. SESS. II. Ca. 483. 1929 . 1465 BUREAU OF AERONAUTICS AVIAT ION, NAVY For aviation, as follows : For navigational, photographic, aero- Desi gnated aviation logica l, radio, and misc ellaneous equipmen t, includ ing repai rs theret o, expenses. for use with aircraft built or building on June 30, 1929, $1,155,000 ; for m ainten ance, repair, and operat ion of aircra ft fac tory, air st a- tions, fleet, and all other aviation activities, testing laboratories, for Aircraft factory, etc. overhauling of planes, and for the purchase for aviation purposes only of special clothing, wearing apparel, and special equipment, $12,240,000, including $230,000 for the equipment of vessels with catapults and including not to exceed $230,000 for the procurement Catapu lts, et c. of helium of which sum such amounts as may be required may be Helium. transferred in advance to the Bureau of Mines ; for continuing ex- periments and development work on all types of aircraft, including New types of aircraft. the payment of part time or intermittent employment in the District of Columbia or elsewhere of such scientists and technicists as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not exceeding $20 per diem for any person so employed, $2,000,000 ; for drafting, clerical, inspection, and messenger service, $820,0 00 ; for new construction and procurement of aircraft and New c onstr uction , equipment, including not to exceed $774,000 for the Naval Reserve, etc. $14,215,000, of which amount not to exceed $10,000,000 shall be avail- able for the payment of obligations incurred under the contract Incurred obligations . authorization for these purposes carried in the Navy Appropriation Ante, p. 637. Act for the fiscal year 1929, approved May 21, 1928 (45 Stat ., p . 637) ; toward the construction of one of the rigid airships as pro- Rigid airship. vided in the act a uthori zing c onstru ction o f airc raft, and so forth , Vol.44,p.765. approved June 24, 1926 (U. S. C., Supp. I, p. 223, sec. 749a), p 223. . Code, Supp. 1, $1,000,000 ; in all, $31,430,000, of which $248,000 shall be available immediately ; and the money herein specifically appropriated for "Aviation " shall be disbursed and accounted for in accordance with existing law and shall constitute one fund : Provided, That in addi- Provisos. tion t o the amount herei n appr opriat ed and specif ied fo r expe nditur e do s ntraot reserve ° for new construction and procurement of aircraft and equipment, the Secretary of the Navy may, prior to July 1, 1931, enter into con- tracts for the production and purchase of new airplanes and their equipment, spare parts and accessories, to an amount not in excess of $10,000,000 : Provided further, That not to exceed $150,000 of the sum available. appropriation "Aviation, Navy, 1927," shall remain available until Vol. 44, p. 609. June 30, 1930 : Provided further, That no part of this appropriation Shore stations lim ° shal l be expen ded f or m ainte nance of more than six heavi er-th an- ited. air stations on the coasts of the continental United States : Provided Airplane factory con- further, That no part of this appropriation shall be used for the struction forbidden. construction of a factory for the manufacture of airplanes : Provided Determination of further, That the Secretary of the Navy is hereby authorized to damages claims. consider, ascertain, adjust, determine, and pay out of this appro- priation the amounts due on claims for damages which have occurred or may occur to private property growing out of the operations of naval aircraft, where such claim does not exceed the sum of $500. NA VAL ACA DEM Y Bureau of Aeronau- tics. Naval Academy. Pay, Naval Academy : Pay for professors and others, Naval Acad- Pay of professors, etc. emy : Pay of professors and instructors, including one professor as librarian, $284,200 : Provided, That not more than $36,500 shall be Pay y res tri cti on paid for masters and instructors in swordsm anship and physical trainin g ;

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text: Talk:City of New Orleans v. Gaines

title: Talk:City of New Orleans v. Gaines


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1517

 1466 SEVENTIETH CONGRESS. SEss. II. Cir.483. 1929. Emplo yees. For pay of employees at rates to be fixed by the Secretary of the Navy, $612,730. Cu rrent expens es. Current and miscellaneous expenses, Naval Academy : For text and reference books for use of instructors ; stationery, blank books and forms, models, maps, and periodicals ; apparatus and materials for instr uction in physical training and athl etics ; ex pe ns e s of le ct ur e s and ent ertain ments, not e xceedi ng $1, 000, in cludin g pay and ex penses of lecturer ; chemicals, philosophical apparatus and instruments, stores, machinery, tools, fittings, apparatus, and materials for instruc- Library. tion purposes, $77,800 ; for purchase, binding, and repair of books for the library (to be purchased in the open market on the written Bo ard of Visito rs . order of the superintendent), $5,000 ; for expenses of the Board of Visitors to the Naval Academy, $1,400 ; for contingencies for the superintendent. Superin tenden t of t he aca demy, to be expende d in h is dis cretio n, not exceeding $4,000 ; for contingencies for the commandant of midship- men, to be expended in his discretion, not exceeding $1,800 ; in all, $90,000, to be accounted for as one fund. General maintenance Maintenance and repairs, Naval Academy : For necessary repairs and repairs. of publ ic bui ldings, whar ves, a nd wal ls incl osing the gr ounds of the Naval Academy, improvements, repairs, and fixtures ; fo r b o o ks , periodicals, maps, models, and drawings ; purchase and repair of fire engines ; fire apparatus find plants, machinery ; purchase and main- h ides Ho,r see tc . drawn oe- tenance of all horses and horse-drawn vehicles for use at the academy, inclu ding the m aint enanc e, op erat ion, and r epair of three hors e- drawn passenger-carrying vehicles to be used only for official pur- poses ; seeds and plants ; tools and repairs of the same ; stationery ; furniture for Government buil dings and offices at the academy, including furniture for midshipmen's rooms ; coal and other fuels ; candles, oil, and gas ; attendance on light and power plants ; cleaning and clearing up station and care of buildings ; attendance on fires, lights, fire engines, fire apparatus, and plants, and telephone, tele- graph, and clock systems ; incidental labor ; advertising, water tax, postage, telephones, telegrams, tolls, and ferriage ; flags and awnings ; packing boxes ; fuel for heating and lighting bandsmen's quarters ; pay of inspectors and draftsmen ; music and astronomical instru- ments ; and for pay of employees on leave, $1,000,000, M arine Corps. MARINE CORPS Pay, etc ., officers, ac- tive list. Retired list. Enlisted men, active list. PAY, MARINE CORPS Pay of officers, active list : For pay and allowances prescribed by law for all officers on the active list-pay and allowances, $3,691,856 ; subsistence allowance, $489,027 ; rental allowance, $634,208 ; in all, $4,815,091 ; For pay of officers prescribed by law on the retired list, $618,006 Pay of enlisted men, active list : For pay and allowances of non- commissioned officers, musicians, and privates, as prescribed by law, and for the expenses of clerks of the United States Marine Corps traveling under orders, and including additional compensation for enlisted men of the Marine Corps qualified as expert riflemen, sharp- shooters, marksmen, or regula rly detailed as gun captains, gun pointer s, coo ks, me ssmen, inclu ding i nterest on de posits by en listed men, post exchange debts of deserters and of men discharged or sen- tenced to terms of imprisonment while in debt to the United States, under such rules as the Secretary of the Navy may prescribe, and the authorized travel allowance of discharged enlisted men, and for prizes for excellence in gunnery exercises and target practice, and for pay of en listed men d esigna ted as Navy m ail cl erks a nd ass istant Navy mail clerks, both afloat and ashore, and for gratuities to

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text:
City of New Orleans v. Gaines/Opinion of the Court

The city of New Orleans instituted proceedings by suit in a city court, pursuant to a statute of Louisiana, for opening two streets in the city, and appropriating the private property requisite for that purpose; and on the tableau of assessment, certain squares of ground were put down as belonging to Mrs. Gaines, and the damages done to owner fixed at $2,363.

The assessment was decreed to Mrs. Gaines by the court where the proceeding was had; and she brought suit on this judgment against the city, in the United States Circuit Court.

The defendant, (the city,) by its answer, admitted the proceeding, and the damages assessed on the property described in the petition; but, in avoidance of the demand, averred that a suit had been brought by one Durell against the city, claiming that he was the true owner of the property through which the streets run, and which the commissioners of assessment had supposed to be owned by Mrs. Gaines, and demanding payment to him of the damages claimed by her; that in the suit so brought by Durell, Mrs. Gaines had been personally cited as a party, at the instance of the city, for the purpose of having the question decided between her and Durell, as to the ownership of the property, and as to their respective claims on the city for the sum awarded; and that in said suit judgment was rendered, determining the question in favor of Durell; and this judgment is pleaded in bar of the present suit.

Various documents were exhibited with the answer, and filed in the Circuit Court, on behalf of the city, including a record of the suit by Durell against the city, and the recovery of the damages for extending the streets; but nothing appears in the record showing that these documents were given in evidence on the trial; nor did the judge before whom the cause was heard make any statement of the facts found by him, as the usual practice is, where the Circuit Court in Louisiana tries issues of fact without the intervention of a jury.

The cause as presented to us simply shows a judgment in Mrs. Gaines's favor, with regular pleadings to warrant it; and beyond this, contains nothing that this court can notice, as a court of error.

It is ordered that the judgment below be affirmed.


text: Talk:City of New Orleans v. Gaines/Opinion of the Court


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1518

 SEVENTIETH C ONGRESS. SEss. II. CH. 483 . 1929 . 1467 enlisted men discharged not under honorable conditions-pay and Allowances, etc. allo wanc es, $8,3 34,3 29 ; allowance for lodging and subsistence, $783,801 ; in all, $9,118,130 ; For p ay and allowa nces prescribe d by law of e nlisted men o n the Retired enlisted men. retired list, $450,277 ; Undrawn clothing : For payment to discharged enlisted men for Undrawn clothing. clothing undra wn, $249,680 ; Marine Corp s Re- For pay and allowances of the Marine Corps Reserve (a) exclud- serve. ing transferre d and assigne d men, $251,7 36 ; (b) transfer red men, $378,263 ; (c) assigned men, $77,575 ; in all, $707,574 ; For mileage and actual and necessary expenses and per diem in Mileage, etc. lieu of subsistence as authorized by law to officers traveling under orders without troops, $125,000 ; Disbursing ana se- In all, $16,083,758, and the money herein specifically appropriated counting. for pay of the Marine Corps shall be disbursed and accounted for in accordance with existing law and shall constitute one fund. PAY OF CIVIL EMPLOYEES, MARINE COR PS Civil ian perso nnel at Pay of civil force : For personal services in the District of head q uarters. Columbia, as follows Offices of the major general commandant and adjutant and inspector, $126,030 ; Office of the paymaster, $42,940 ; Office of the quartermaster, $in all $292,787 : Provided, > Num ber of en lis ted That the total number of enlisted men on duty at Marine Corps not meu to be inc adque and headquarters o n the date of the approval of this Act s hall not be on te rmi na tio n of se rv- increased and in lieu of enlisted men whose services at such head- t ices, civ [lian s to fill heir places ` quarters sha ll be termina ted for any c ause prior to July 1, 1930, their places may be filled by civilians, for the pay of whom, in accordance with the Classification Act of 1923, as amended, either or both the ap propri ation s "Pay, Marine Corps," and "General Expenses, Marine Corps," shall be available. GENERAL EXPENSES, MARINE CORPS General expenses. For every expenditure requisite for, and incident to, the authorized Authorized objects, work of the Marine Corps, other than as appropriated for under the headings of pay and salaries, as follows : For provisions, subsistence, board and lodging of enlisted men, Provisions, etc, recruits and recruiting parties, and applicants for enlistment, cash allowance for lodging and subsistence to enlisted men traveling on duty ; ice, ice machines and their maintenance, $3,359,000 ; For clothing for enlisted men, $800,000 ; Clothing. For fuel, heat, light, and power, including sales to officers, $500,000 ; Fuel, etc. For military supplies and equipment, including their purchase, et• Military supplies, , repair, preservation, and handling ; recreational, school, educational, Purchase, repairs, etc. library, musical, amusement, field sport and gymnasium supplies, equipment, services, and incidental expenses ; purchase and marking of prizes for excellence in gunnery and rifle practice, good-conduct badges, medals, and buttons awarded to officers and enlisted men by alst badges, med- the Gove rnme nt f or c onsp icuo us, gall ant, and spe cial ser vice ; re ntal and maintenance of target ranges and entrance fees for competitions, $825 ,000 ; For transportation of troops and applicants for enlistment, includ- rec uit; gertation and ing cash in lieu of ferriage and transfers en route ; toilet kits for issue to recruits upon their first enlistment and othe r in cide ntal expenses of the recruiting service ; and transportation for dependents Dependents. of of ficers and en listed men, $5 70,000 ; 548351 -29--T 1-96

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1519

 1468 Repairs to ba rracks, etc . Forage, etc. Contingent. Vehicles. Horses, etc. Funeral expenses. Laundries. Provisos. Purc hase of m otor ve- hicles. Clerical, etc ., field service. Marine Corps Re- serve. Major alterations to ships. "Oklahoma" and "Nevada." Modernizing. Vol. 44, p. 1343. Ante, pp. 641, 1085 . Increase of the Navy . Construct ion and machinery of vessels here tofor e au thori zed. Ante, p. 1165. SEVENTIETH CONGRESS. SEss. II. CH. 483. 1929. For repairs and improvements to barracks, quarters, and other public buildings at posts and stations ; for the renting, leasing, and improvement of buildings in the District of Columbia, with the approval of the Public Buildings Commission, and at such other places as the public exigencies require, and the erection of temporary buildings upon the approval of the Secretary of the Navy at a total cost of not to exceed $10,000 during the year, $375,000 ; For forage and stabling of public animals and the authorized number of offic ers' hors es, $40,0 00 ; For miscellaneous supplies, material, equipment, personal and other services, and for other incidental expenses for the Marine Corps not otherwise provided for ; purchase, repair, and exchange of type- writers and calculating machines ; purchase and repair of furniture and fixtures ; purchase, exchange, and repair of motor-propelled and horse-drawn passenger-carrying and other vehicles, including parts ; veter inary servic es and medic ines f or publ ic ani mals a nd the autho r- ized number of officers' horses ; purchase of mounts and horse equip- ment for all officers below the grade of major required to be mounted ; shoeing for public animals and the authorized number of officers' horses ; books, newspapers, and periodicals ; printing and binding ; packing and crating of officers' allowance of baggage ; f u ne r al expenses of officers and enlisted men and accepted applicants for enlistment and retired officers on active duty and retired enlisted men of the Marine Corps, including the transportation of their bodies, arms, and wearing apparel from the place of demise to the homes of the deceased in the United States ; construction, operation, and main tenan ce of lau ndrie s ; and for a ll eme rgenci es and extra or- dinary expenses, $2,028,159 : Provided, That there may be expended out of this appropriation not to exceed $23,100 (including the exchange value of any vehicles which may be used as part payment) for the purch ase o f se vente en mo tor-p rope lled passe nger -carr ying vehicles, the gross cost of any one vehicle not to be in excess; of the respective amounts which follow : Three, $2,000 each ; four, $1,300 each ; ten, $650 each ; also twenty motor cycles, cost not to exceed $270 each : Provided f urt7wr, That the sum to be paid out of this appropriation under the direction of the Secretary of the Navy for cleri cal, d raftin g, ins pectio n, wat chman, interp reter, and m esseng er service in the classified field slervice of the Marine Corps, for the fiscal year ending June 30, 1930, shall not exceed $90,000 ; Marine Corps Reserve : For clothing, subsistence, heat, light, trans- porta tion a nd mis cellan eous e xpense s, $108 ,173 ; In all, 8,605,332, to be accounted for as one fund. ALT ERATI ONS TO NAVA L VES SELS Towar d the alte rati ons a nd re pair s req uired for the purpo se of modernizing th e United States ship s Oklahoma and Nevad a, as authorized by the Act entitled "An Act to authorize an increase in the l imit o f cost of ce rtain naval vessels, and for ot her pu rposes ," approved March 2, 1927 (44 Stat ., p . 1343), as amended by the Act approved January 19, 1929 (Public, No . 671, Seventieth Congress), $450, 000 . INCR EASE OF THE NAVY Construction and machinery : On account of hulls and outfits of vesse ls and machi nery o f vess els he retofor e auth orized, $28, 550,00 0, of which $200,000 shall be available toward the construction of the second five light cruisers, the construction of which is authorized by the Act approved February 13, 1929, to be undertaken during the fisca l year 1930, and, in add ition, the Se cretar y of t he Tre asury is

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1520

 SEVENTIETH CONGRESS. SEss. II. CH. 483. 1929 . 1469 authorized and directed to make transfers during the fiscal year 1930 from the naval supply account fund to this appropriation of sums aggregating $2,000,000, and the total sum hereby made available shall remain available until expended : Provided, That of the appropria- Engagement of tech- tions contained in this Act under the head of "Increase of the nical services, purchase Navy," there shall be available immediately such sums as the Sec- cunser,, etc .• for new retary of the Navy may from time to time determine to be neces- sary for the engagement of technical services, including the pur- chase of plans, and the employment of additional clerks, drafts- men, and technical employees in the Navy Department and in the Amide, p .1165 . field owing to the construction authorized by the Act of February 13, 1929 . Armor armament, a nd ammunition : Toward the armor, armament Armor, etc ., vesseis > > > f under construction . and ammunition for vessels heretofore authorized, to remain avail- able until expended, $18,000,000, of which $200 .000 shall be imme- diately available toward the construction of the first five light cruisers, the construction of which is authorized by the Act approved February 13, 1929, to be undertaken during the fiscal year 1929 : Provided, That of the total amount hereby appropriated a sum not ' Additional ordnance exceeding $200,000 may be expended for additional machinery and machine ry, etc. equipment at ordnance establishments. Improving and equipping navy yards for construction of ships : Navy Ea ds, etc. Toward providing and reconditioning building ways and providing ment, etc_, for construe- additional equipment and facilities at navy yards and ordnance estab- tion of sh'ps s lis hment s ne cessa ry fo r th e con struc tion and equip ment of s hips, $570 ,000, to be immedi ately availa ble, an d in a dditio n the Secret ary of the Navy, upon approval b the President, is authorized to enter Add itio nal oblig a- of hPthis y f tions authoiedr into oblig ations for t his pu rpose, amount ing in the a ggrega te not to exceed $1,225,000. The appropriations made in this Act for the purchase or manufac- Pur chas e of equi p- - of equipment or material or of a particular class of equipment outs, etc. ailab leforpat . or material shall be available for the purchase of letters patent, applications for letters patent, licenses under letters patent and applications for letters patent that pertain to such equipment or material for which the appropriations are made. No part of any appropriation made for the Navy shall be expended ex Use for D epa rtment for any of the purposes herein provided for on account of the Navy Department in the District of Columbia, including personal services of civilians and of enlisted men of the Navy, except as herein expressly authorized : Provided, That there may be detailed to the Details to Navigation Bureau of Navigation not to exceed at any one time six enlisted men B"reau . S service of the Navy : Provided further, That enlisted men detailed to the a Department detail .ot naval dispensary and the radio communication service shall not be regarded as detailed to the Navy Department in the District of Columbia . No part of the appropriations made in this Act shall be available No pay to officers, et c., using time m eas- for th e salary or pay of any offi cer, mana ger, supe rintenden t, forema n, oin devices on work or other person or persons having charge of the work of any employee of the United States Government while making or causing to be made with a stop watch or ot her ti me-mea suring device a tim e stud y of a ny job of any such employee between the starting and completion thereof, or o f th e mov ement s of any such emplo yee while enga ged upon such work ; nor shall any part of the appropriations made in this Act rash rewards, etc ., be available to pay any premiums or bonus or cash reward to any restricted. employee in addition to his regular wages, except for suggestions resulting in improvements or economy in the operation of any Rest rict ion o n re pair Government plant priated for the Naval Establishment or herein made available therefor ot hermth an nnavy yards shal l be used or ex pend ed un der c ontr acts herea fter made for the or arsenals. repair, purc hase, or acq uireme nt, by or fro m any privat e cont ractor , i
 * and that no part of the moneys herein appro- and e q uipment of ves-

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text: Hale v. Gaines

title: Hale v. Gaines


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1521

 1470 SEVENTIETH CONGRESS. SEss. II. Cg. 483. 1929 . of any n aval v essel, machi nery, articl e or ar ticles that at the time of the proposed repair, purchase, or acquirement can be repaired, manufactured, or produced in each or any of the Government navy yards or arsenals of the United States, when time and facilities permit, and when, in the judgment of the Secretary of the Navy, such repair, purchase, acquirement, or production would not involve Construe . an ahhrecappreciable increase in cost to the Government : Provided, That tion, etc ., of first and alternate cruis- nothing herein shall be construed as altering or repealing the proviso ers at Government yard, factories, etc. contained in section 1 of the Act to authorize the construction of Ante, p.1165. certain naval vessels, approved February 13, 1929, which provides tha t the first and ea ch suc ceedin g alte rnate c ruiser upon which work is undertaken, together with the main engines, armor and armament shall be constructed or manufactured in the Government navy yards, naval gun factories, naval ordnance plants, or arsenals of the United States except such material or parts as are not customarily manu- factured in such Government plants. Navy Department. Salaries. Secretary. Civilian personnel in offices, etc. Secretary's Office. Genera l Board. Examining and Re. tiring Boards. Compensation Board. Naval Records and Library. Naval records, war with Ce ntral Powers. Judge Advocate Gen- eral. Chief o f Naval Oper - ations. Board of Inspection and Survey. Direct or of Nava l Commun ications. Naval Intelligence. Bureau of Na vig a- tion. Hydrogr aphic Office. Naval Ob servatory . Nau tical Alm anac. Bureau of Engineer- ing. Bureau of Construc- tion and Repair. Bureau o f Ordnance . Bureau of Supplies and Acco unts . Bureau of Medicine and Surgery. Bureau of Yards and Docks. Bureau of Aeronau- tics. Salaries limited to average rates unde r Classification Act, as amended. Vol.42,p.1488. Ante, p.776.' U.S. Code, p.65. If only o ne position in a grade. NA VY DEPARTMENT S ALAR IES Secretary of the Navy, $15,000. For compensation for other personal services in the District of Columbia, as follows Office of the Secretary of the Navy, $174,280. General board, $12,760. Naval examining and retiring boards, $10,160. Compensation board, $8,640. Office of Naval Records and Library, including employees engaged in the colle ction or copying a nd classi fication, with a v iew to pu blica- tion, of the naval records of the war with the Central Powers of Eu rope, $38,640. Office of Judge Advocate General, $132,140. Office of Chief of Naval Operations, $72,160 . Boar d of Insp ectio n an d Sur vey, $20,860. Office of Director of Naval Communications, $132,000. Office of Naval Intellig ence, $40,780. Bureau of Navigation, $490,700. Hydrographic Office, $391,140. Naval Observatory, including $2,500 for pay of computers on piecework in preparing for publication the American Ephemeris and Nautical Almanac and in improving the tables of the planets, moon, and stars, $1 78,5 60. Bureau of Engineering, $310,160. Bureau of Construction and Repair, $388,580. Bureau of Ordnance, $157,620. Bureau of Supplies and Accounts, $855,000. Bureau of Medicine and Surgery, $79,740. Bureau of Yards and Docks, $311,100. Bure au of Aero nauti cs, $2 85,4 20. In all, salaries, Navy Department, $4,105,440. In expending appropriations or portions of appropriations contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended (U . S . C., pp . 65-71, sees. 661-673, 45 Stat ., pp . 776-785), the avera ge of the sa laries of th e tota l numbe r of p ersons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended, and in grades in which only one position is allocated the salary of such position shall not exceed

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text: Talk:Hale v. Gaines

title: Talk:Hale v. Gaines


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1522

 SEVENTIETH C ONGRESS. SESS. II. CH. 483. 1929 . 1471 the average of the compensation rates for the grade, except that in Allowance in unusu- unusually meritorious cases of one position in a grade advances may ally meritorious cases. be made to rates higher than the average of the compensation rates of the grade but not more often than once in any fiscal year and Proviso. then only to the next higher rate : Provided That this restriction Rest ricti on n otapp li- b cable to clerical-me- shall not appl y 1 to grades 1 2 3 and 4 of the clerical-mechanical ehanical service . > > > No reduction in fixed service, or (2) to require the reduction in salary of any person whose sal ari es. compensation w as fixed as o f July 1, 192 4, in accord ance with the Tanse s to 9ano ther rules o f secti on 6 of such Act, (3) to require the reduction in salary Position onwithout reduc- of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, or (4) to prevent the payment of a higher aces perm und er itted. salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law. When specifically approved by the Secretary of the Navy, transfers Tran sfers all owed be- tween appropriations may be made between the appropriations in this Act under the for any bureau, etc ., to respect ive jur isdicti on of any bur eau, of fice, board, or corp s, in order me et reallocation in- cre ase s' to meet increases in compensation resulting from the reallocation by t he Per sonnel Class ifica tion B oard o f pos itions under any s uch organization unit. Any such transfers shall be reported to Congress in the annual Budget. CON TI NGE NT EXPENSES Depa rtme nt co ntin - gent expenses. For professional and technical books and periodicals, law books, Library, etc : and necessary reference books, including city directories, railway guides, freight, passenger, and express tariff books and photostating, for department library ; f or pur ch ase of ph oto gra phs, map s, doc u- ments, and pictorial records of the Navy, photostating and other Naval records of the nece ssar y in cide ntal exp ense s in con nect ion with the pre para tion for world war. publication of the naval records of the war with the Central Powers of Europe ; for stationery, furniture, newspapers (for which payment vehicles tationery ,furniture, may be made in advance), plans, drawings, and drawing materials ; purchase and exchange of motor trucks or motor delivery wagons, maintenance, repair, and operation of motor trucks or motor delivery wagons ; garage rent ; street-car fares not exceeding $500 ; fr eight, expressage, postage, typewriters, and computing machines and other abso lute ly n eces sary exp ense s of the Nav y De part ment and its var ious bureaus and offices $83,100 ; it shall not be lawful to expend, unless Naval service appro- > priations not to be used otherwise specifically provided herein, for any of the offices or bureaus for Department ex- of the Navy Department in the District of Columbia, any sum out of penses' appropriations made for the naval servic e for any of t he purposes mentioned or authorized in this paragraph. PRINTING AND BINDING For printing and binding for the Navy Department and the Naval. Printing and bind- Establishment executed at the Government Printing Office, $525,000, mg. including not exceeding $85 ,0 00 for the Hydrographic Office and $2,800 for the Naval Reserve Officers' Training Corps. CONTINGENT AND MISCELLA NEOUS EXPENSES, HYDROGRAPHIC OFTICE For purchase and printing of nautical books, charts, and sailing directions, copperplates, steel plates, chart paper, packing boxes, chart portfolios, electrotyping copperplates, cleaning copperplates ; tools, instruments, power, and material for drawing, engraving, and printing ; materials for and mounting charts ; reduction of charts by photography ; photolithographing charts for immediate use ; transfer Hydrographi c Office. Contingent and mi s- cellaneous expenses.

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