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United States, Appellants, v. The Mayor, Aldermen, and Inhabitants of the Cities of Philadelphia and New Orleans, The U.S. 609 (1851)

handle is hein.slavery/ussccases0258 and id is 1 raw text is: DECEMBER TERM, 1850. 609 The United States v. Philadelphia and New Orleans. Secondly, if these three distinct improvements had been claimed and granted in the letters, and described in the schedule, then the patent would be void,,as I think, because no more than one invention, distinct and disconnected from others, can be granted in the same lettefs. Such is the construction that has been given to the ,legislation of Congress at the Patent-Office, and is supposed by me to be the correct one. If three indepen- dent inventions can be patented and monopolized together, so any number may be; by this means, the grant may cover many fictitious claims, vith some valid ohes, which latter will stand protected; so that little or no risk will be run by obtaining a grant for that which is not new; and by this mode of proceed- ing at the Patent-Office, fictitious claims may cover and as- sume to monopolize the ordinary implements now in use on the farm and in the workshop, and, yet more than is now the case, harass the public with fictitious and ill-founded claims to make and sell exclusively things in daily and extensive use. Although the claim may be fictitious, still this does not protect the public from harassment, as usually men using cheap im- plements cannot afford to litigate in the United States courts. It would be far better to allow the claim, unjust as it is, and pay the patentee his fraudulent demand, than incur the ex- pense of a suit, which the patentee or his assignee may well afford to prosecute. Order. This cause came on to be heard on the transcript of the rec- ord from the Circuit Court of the United States for the South- ern District of New York, and was argued by counsel. On consideration whereof, it is noiv here ordered and adjudged by this court, that the judgment of the said Circuit Court in this cause be; and the same is hereby, affirmed, with costs, and damages at the rate of six per centum per annum. THE UNTiED STATES, AFPELLANTS, v. THE MAYOR, ALDERIEN, AND INHABITANTS OF THE CITIES OF PHILADELPHIA AND NEW ORTEANS. The decision of this court in the United States v. Rleynes (9 Howard, 127), again affirmed, to wit, that under the acts of Congress of May 26, 1824 (4 Stat. at Large, 52), and June 17, 1844 (5 Stat. at Large, 676), the courts of the United States have no power to decide upon complete or perfect titles to land. The contract made between the Baron de Bastrop and the Spanish government did not vest a perfect title in Bastrop, and therefore this court can exercise jurisdiction over the claim.

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