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Adams v. Burke U.S. 453 (1873)

handle is hein.slavery/ussccases0479 and id is 1 raw text is: ADAMS V. BURKE.

Statement of the case.
on account of color, where slavery obtained, which was the
subject of discussion at the time, and not the fact that the
colored race could not ride in the cars at all. Congress, in
the belief that this discrimination was unjust, acted. It told
this company, in substance, that it could extend its road
within the District as desired, but that this discrimination
must cease, and the colored and white race, in the use of
the cars, be placed on an equality. This condition it had
the right to impose, and in the temper of Congress at the
time, it is manifest the grant could not have been made
without it. It was the privilege of the company to reject
it, but to do this, it must reject the whole legislation with
which it was connected. It canunot accept a part and repu-
diate the rest. Having, therefbre, constructed its road as it
was authorized to do, and in this way greatly added to the
value of its property, it will be held to a faithful compliance
with all the terms accompanying the grant by which it was
enabled to secure this pecuniary advantage.
In our opinion there is no error in the record, and the
judgment below must be
AFFIRMED.
ADAMS v. BURKE.
1. 'here a patentee has assigned his right to manufacture, sell, and use
within a limited district an instrument, machine, or other manufactured
product, a purchaser of such instrument or machine, when rightfully
bought within -the prescribed limits, acquires by such purchase the right
to use it anywhere, without reference to other assignments of territorial
rights by the same patentee.
2. The right to the use of such machines or instruments stands on a different
ground from the right to make and sell them, and inheres in the nature
of a contract of purchase, which carries no implied limitation of the
right of use within a given locality.
.APPEAL from the Circuit Court fbr the District of Massa-
chusetts; the case being thus:
On the 26th day of May, 1863, letters-patent were granted

Oct. 1873.]

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