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1
BY E. BEA.TTY.
tlEarbs.
10=1
DR. JAS. MeCULLOUGII will give his
attendance in the Various branches of Ins
prolosAion, in town or country, to all that play
laser him with a call. OFFICE opposite "the
2d- Presbyterian Church and Vert's lintel
lately occupied by Dr..foullie.
Carlisle, sept 5
PICYSICIA:N AND SURGEON.
Doct. H. Hinkley...
01 , 1 , 1G8 on Main Street, near the Post Of—
lice. Dr. ff. is prepared to use Gales
tit remedial agent intim treatment of Puraly•
ens, Venralgia and Rheumatic affections, bur
does not guarantee succes from its applieationto
all or even any of these diseases. ReLef has
been given and cures effected in a number of
instances; and may be in where.
'March 27, t 8.50, ly
Doctor Ad. Lippe,
tiONIOEOPA'rI-110 Physician Office
-••••w Main street, in the house formerly °nen
mod by P. 13. beehlor. np 9 '46
Dr, I, O. Loomis,
K I perform al
operations upon the
es , v.. 'remit that are requi
red for their oreservation. such as kicaling, Filing,
Pittqging, &c, or will restore- thOloss of 111C711,
by,inserung Artificial Teeth, from a single tooth
o a fall sett. Pitt street, a few
ours s.lath. of the Railroad Hotel_ Dr. L. is ab•
ont the lest ten days of every month.
Card.
VII. J•- W. lIENDEL, Surgeon Dentist
infortnA his Former patrons that he has re
turned to Carl and will he glad to attend to
all eall, w the line hts profession. reet3l
John Williamson,
A TTQR NEI' AT .LAW.—OFFICE, in the
house of Miss Mcl;lnnis, near the store of
A & W Bentz,,South Unilever street, ettrtiste,.
Penns. ,•lap 10 50
Carson C..lYloorei
Office in
the multi lately occupied by Dr. Foster,
innr 31 '47
d cense d
Win. ri. Penrose,
A T I'ORNEY AT LAW, yitt practice in
IX the several Courts of Cutnberlatid
_county.
OFFICE. in Main Street, in the room former
y occupied IYL. G.'l3randehury,,Esq.
- James 11, Smtthi
A TTORNEY AT LAW. Has Rt
. M VED his office to Beetcm's Row, two
oors from Burlcholdeeti Hotel. Tapr 1
. GEORGE EGE
jUSTICE OF THE PEACE. "Or
'lce at his residence, corner of Alain street
and the Public Square, opposite Burltholder's
Hotel. iii addition to the ditties of Justie of
the Peace, will attend to all kinds of writing,
_such as deeds, b3ncli, mortgages, indentures,
article's of agreement, notes; &c. •
Carlisle,- an 8'49. -
Plainfield Classical Academy,
FOUR AIILES WEST OF CARLISLE.
TI Eighth Session mill commence on 1101
DAY, ~11`ay 6th, 1850.
IN consequence of increasing patronage ti
large and Commodious brick edifice has
been erected, rendering this ono of the most
desirable institutions in the state. The various
departments are under the rate of competent
and Intl lap I instructors, and every endeavor will
be made to promote the moral and intellectual
improvement of students. 'rim. surrounding
Itouniry is beautiful and healthful; and the in
stitution sufficiently distant front town or village
to prevent evil associations.
ferns—Sso per Session (Five Months.)
For circulars wi , li full information address
It K 13 1 , RN'S; Principal' •
Plainfield P, 0., Cumberland County, Pa.
aplo,'so.
.ireweille academy.
SSLROT_C_LASSICA_LAAVs2
VILLE, cumuERLAND COUNTY, PA
IrT is confidently believed that few Institutions
.11. offer greater inducements to students than
the above. Located in the midst of a commu
nity proverltial for their intelligence, morality
and regard for the interests of religion, this
Academy can effectually guard its naember,s
from evil sattirrimoral influences. Advantages
are also offereirto those desiringto pursue the
.study of the PhYsictirsciencesOurrpassiatitliOSe .
; Of most similar institutions:.;'
Those havinglions or wardk c ,and wishing to
Send them ; to a - seminary tit learning, 'are re
spectfully tolicited to visit Ne , k.ville, and judge
of the" atViatitages for theinselieg, or, at lenst,
procure a circular, containing full partirdlais,
by addressing JAMES 11USTON," --
Newville, avg 22 ly
.;:o• WOOD'S EOTPL,
IN Corner of Malt tau! Pitt 81, at the ;1;
Railrood Repot, Carlisle, by
. John. „Wood.
Ovum Howl is beim , ' completely changed and
renovated, end will hereafter olrer increas
ed accommodations to the.truvelltng public, for
which its convenient location is admirably cal
culated.'
To those persons who wish to pass the warm.
season if the country, few places will be lound
which posse's superior attractions to Carlisle,
being surrounded by a beautiful bountri, and
haying the best Sulphul'Springe in the State in
ho immediate vicinily. Liel9,'os
Exteneive Furniture Rooms
• !MMES R.WEA, VER would , respectfully
gall the attention of House Keepers and the
public to his extensive stock of ELEGANT
FURNITURE. including Sofas, NVardrobes,'
Centre and other Tables, Dressing and plain
Bureaus and every other article in his branch of
business. Also, now on -hand the -largest as
sortment of CHAIRS in Carlisle, at the lowest_
prices, (Kr Collins made at the shortein notice
and a Hearse provided for funerals. He sok-
its a call at 10;3 establishment on North Hano
%vet:street, near Glass's tioTEL. N.B.—For
ohm hired out by the month or year.
March 20. 1850.-1 y
,John P..Lyne:
WHOLESALE and Retail Dealer in
Foreignand Domestic Hardware, Paint,
Oil, Glass: Varnish, &c, at the old stand in N
llanover street, arliale, has just received Item
Neo: York and P hiladelphia a large addition to
- his former stock, to : whish the-attention - oilmy=
era requested, as he is determined to sell
lower than aimpther liousirm town. aprl9
Lumber-Yard.
THE subscriber would respectfully inform
his friends acid the public 'generally 'hat he has
just opened anew LUIIIBEA AND - CO - AL
YARD in \Vest High street, a _few doors east
of Messrs J & D Rhoads'S Warehouse, where
ho now has and- will _keep constantly on
hand a first rate assortment of. all kinds at sea
wined pine boards and plank and all other kinds,
ofYstuffi 411 of which he will sell low for cash
Apill 3,1850. JOHN N. ARMSTRONG
Notice.
THE Commissioners of Cumberland county
doom it proper to inform the public, that the eta
ad meetings of the Board of CoinmisaitiMora will
be hold 011 the second and fourth Mimdays of
each month, at which time any persohe having
business with said Board, will meet them at
tnoir office in
Attest WM. RILEY, Cl'lt,:
Dyeing and . Bconinm .
• WILLIA.M BLAIR, in LoutherSire . et,
w • near the College, dyes Ladies' and GAntle
.
men's apparrel, all colersond warrants allNvork
__abet sat i stactory. Orders hia line respectfully
' • see 2 '46
NOTICE,
L tJAS.• Parasols' and Sunshades
made, covered and repaired, by, the aubseritier
at hia Tin 'Shop, in East' Louthor street,. cat
, Terms cash, hus 7 prices tow. ,
•
Will. FRIDLEY.
• Carlisle January, 20.' 50, ,
6;11 Pandit! alewspap ere -- Dee - oted to Literature, - ,lgrieutturel, eetities. Business anttGeneral enee.
. _
THERE ARE TWO THINGS, - SAITH LORD BACON, WHICH MAKE A NATION GREAT AND PROSPEROUS—A FERTILE SOIL AND BUSY WORKSIIOFS, — TO WHICH, LET ME ADD; KNOWLEDGE AND FREEDom..._Bishrffau
Tutttlq,
'Piesideni.Taylor.
The English and French prose have vied
with each other in their praises' of the tate Pre
sident of the United States. Though the sub
jects of Victoria and of the monarchical Presi
dent of Franee cannot appreciate our govern,
meet or its institutions, their press and poets
are constrained to eulogize him who by his
deeds of prowess and unostentatious private vir
tues rose tote highest dignity in the gift of a
nation. The following So i nnet on President
Taylor, is by Marlin . FarStaher Tupper, a dis
tinguished British Poet. It places Taylor side
by side with Nalson,lhe . favorite hero of Eng
land, which is even more than could be asked
of an Englishman. Tho allusion to the dead
watjior'a soubriquet is exceedingly happy
"Rough' for the tight, but randy, heart and hand,
To make It up again, with victory won.•
But not only the hearty tribute Of a Briton to,
one of our countrymen, pleases us in this ehOrt
poem. AMericans have claithed an interest in
the rich legacy of reward left by pacts, states
men, and orators to our mother country. Now
a eltiemagistrate of the daughter-land is hail
ed as ..mother England's joy," and she "claims
him:too." But here is the sonnet:
From the Guernsey (Eng.) tor
•
President Taylor.
•
RV MARTIN FARQUAItAR TOPPER.
"I am prepraed to die, for I have tried
.To do my Duty!"—Was it Neltion'e twin
Who spoke so liken hero when hAdied,•
A Christian hero, with forgiven sine
Yes it is one ; Colninhin's honest pride '
-'(Mn! mother England's joy,—we claim him too,)
Who irate is gone for other spoils to win
Than late of Palo Alto,—higher meed,
Trophies of pokier Mine, and praise more tree,
Than those a grateful country well decreed
To her Dent SOU: her bent and Innyeit son,
-hough-for the-fight, but-readOmnrt-end hand
To make it up again with victory won,
In war—in peace—the Glory of Iris Land!
€ttga.t
THE PARKER WATER WHEEL.
Important Decision.
[We copy .from the Pennsylvanian of the
27111 alt., the following importane•legal docu
ment. It is an opinion. of Judge Garen, road
by him on the 26th ult. in the Circuit Court of
the United Slates for the Eastern District of
this State, refusing tho injunctions prayed for
in the case of Oavon H. P. PARKER, against
Swig, BORTREE and others: The machi no pa
tented and in dispute in this case is a water
ivlieel, in great use in Cumberland county, as
well as in almost every county in this State, n;
bout which there has been much litigation. A
tiumbcr of suits have been brought against cit- •
izenslf tltisconnty for an alleged infiingement
of Parker's patent. The decision of Judge
Game extends only - to "the - InTurietien 'against
the use of the wheel, but is belleied to furnish
a pretty fair index as to what will be the opin.
ion of the Court on the main question.]
IN CIRCUIT COURT OF UNITED STATES, EASTERN
DISTRICT OF PENNSYLVANIA.
Oliver IT. P. Parker,) Nos. 34, 35, 36, 37, &o.
vs. In Equity.
Tlortree, On motion for interlocu-
And many others. tory injunctions.
Opinion of the Court, by Gnus, Justiee,deliv
ered August 26, IMO.
—Ortho-one-bundred-bills-filed—by—the—con—
MM
plainant against persons charge with muffing.
..ing his patent, some seventy have - ocen argued
together, on notice of motions for special in
junctions. -Must of the points involved are com
mon to all the cases, and the different types of
alleged infringements do not exceed six or sev•
The argument has been conducted -by—
counsel with great zeal and ability, with very
great I erning,and at eery great-length. The
whole history -and science of hydronamice has
been discussed, and numerous conflicting affi
davits road, on the apparent assumption, that
the Court, in anticipation of the final hearing.
will on these preliminary motion's, decide the
whole merits of cases - involving difficult and
doubtful points of law, numerous and contested
questions of fact, and property •of
large amount, with the haste, an expedition of
a Court of pied poudrie. By a neglect or relax
,ation of the settled rules of practice in English
Courts of Equity, (which we are bound to fol
low, 1111NRS changed 'by the written rules of this
court: as established by the Supreme Cdort or
ourselves,) a sort of local practice hes grown
up, the dila of whfai wo are beginning to feel.
‘Ve have frequently said on the authority of
some of the eastern circuits, and some suppo
sed custom of this district, that the answer of
defendant directly and unequivocally denying
the filets •set forth in the bill, should bo treated
ine'roly as an affidavit, which might be contra:.
-dieted by other.affidavits, and should not have
the, teefuneal effect of procluding.eontradictory ,
testimony. The consequence, has been . that --
both parties appear on the argument of their
preliminary muttons, armed with quires (aeon.
dieting depositions, and the court are expected
AO try'und decide the whole facts and law of
the case, as ;put in issue by the pleadings.—
Etien when the title of plaintiff is admitted,
the question of infringement Is often made one
of groat doubt and difficulty, depending on
quesiions df mechanics,in_whieh-both—practi- - - -
cal and scientific men entirely differ. Difficult.
legal qUestions, arising from the construction
of long, and perhaps obscure 'specifications, on
on which judgea!often may, and lawyers al.
,ways 'do diffor, are frequentlylnvOlved. Yet
the Court are eipected.in.this summaryiey to
anticipate the finding of a jury, and theithnal
decision of, the case on full 'hearing. And this
meet continuo to be the case, unless wivarifiere
more rigidly to the rule of considering the affi- ,
davit and, answer, especially if accompaniedi t .'
with'ene or two depositions of yltriessea,
dc
hying the infringement as conclusive on these
preliminary motions. No Interloatitory injune
lion shouldissue unless thecem'plainant'a title,
and the defendant's infringitniont (tie adniiitted,
Or are so,puipable and clear, that the Cotifilt con
entertain no doubt• on the Subject. But'. rinses -
oflan'oceur whore the rinswers or affidavit, ate
equiVocal or evislve,''or display a elate of/facts
which show that 'the - ernielasitioadtawn
them, are clearly_ orroneou , s, and founded im a
mistake of the law. As when an infringement'
is denied, end,a inodel admitted, Waah abates
a palpable infringiantent, and it te'evideet . .th a 't
tho; &Mel, is made ender it imam mistake ail*
'tree and settled eobettuotiott.. et , the, riatpat. 7 ,;;
Oi whop" the' originality 'of the tavention tkatejl:
vied in genoral terms, and Infringement is ad:
milted, and the patent has been fully' establieh
ed at law, and it ie evident that tho denial of
its validity is but a matter of obstinate opinion
or a mistake of law. Such cases and such• on
ly, can be considered as exceptions to the gen
ral rule. Tho •Cok aro not bound, in this
stage of the cause, to decide doubtful and
cult questions of law, or disputed questions of
fact, nor exercise this high and dangerous poni...
or (if exercised rashly) in dopbttul cases, be
fare the alleged offender shall have an opportu
nity of .a full and fair hearing.
. ,
The terips'of this Court are almost wholly
occupied in the trial of patent eases ; and per
haps these hints of our intentions in future ca
ses to ndherc more rigidly to the rules of 'link
ticc, may tend, in some measure, to; hinder us ,
as well as the learned counsel, from theyainful
necessity of spending our whole vacations (with
the thermometer at 90 deg.) in anticipating and
duplicating these long and 'difficult investiga
tions, ano trying the merits of every case on
these preliminary motions.
In stating our reason's for the conclusions to
which we have arrived; with regard to the
present motions, it is not our intention to no
tiro all the numerous points, bOili of law and Of
'mechanics, which have be'en Pressed on our
consideration with so mld) learning and
abili
ty, or to.anticipate a , nonstruction of the plain
'atm ' patent on points which are, perhaps, now
for the first time mode.
As to many..of the.cascsOrnot 241;4 is a suf . - ,
&lola reason for refusing the present motions,
that the questati of infringement, even when
the facts are admitted, is far frMn being clear
or devoid of doubt. This remark applies espe
cially to those .of.the defendants who rise what
arc called 'the . Krantz, the Wortirilie 1h vd
and the Greenleaf wheels. The patentee de
clares the principle on which his, improvement
is (muted, ..that of producing a eor7ex within
reaction wheels ,which,hy its centlifugal force,
.powerfully accelerates the velocity of the wheel;"
and the machines described in_hisepecification_
Are Confined to the'application or development
of that principle alone. The wheels just men
tioned do riot appear to lie constructed with a
view to produce a vortex within re-action
wheels, or to contain any colorable inut,tion,of
the machines described by the complainant's
patent.
_But we would not be understood as.
deciding definitely they do not infringe, but
(what is sufficient for this occasion) that it is
not clear that they do.
We slfall now proceed to_ state some reasons. .
for reftising the 'present motions, which equally
apply to all the cases, even where the question
of infringement is not so doubtful as-in' those
just mentioned, and they are :
- l o st, Because, the vei_diets eetablightog -the
complalhanee title havo been obtained on ins
consistent and contradictory claims, so that the
Court cannot say with certainty,wliat is or what
is not an infringement of the patent.
And end, Because the possession so vaguely
alleged in the bill, is met and -'avoided by the
allegations and proof of , a more peaceable and
exclusive possession by defendants (ut least in
Pennsylvania,) under the patents and:machines
purchased and used by'them.
And thirdly, Even if '.these positions wore,
ottorrecralfere sin oh
her _reasnrealiereafte
obe stated) Why it would not be a proper ex
ercise of discretion in the Court to'issuo injut c- .
Lions under the particular circumstances of
these cases.
1, The complainant charges in hie bill that
the patentees have established their title - by a
snitat•law in this court, in the - Parker --
vs. Hulme, and that - "they have' erected and
put in operation many machines in diligent
parte of the country, by which the water pow
er thereof iias been, much duginented.
The defendants deny the validity of the !Mt
ent.and especially that the patentees were the
original inventors of certain reachines specially
claimed in their specification. (1) The corn—
peddvortical re-action wheels with two Or
inure wheels on one horizontal shaft. (2) Or the
"spouts which conduct the water into the
wheels with they spiral terminations." (9)
Or the improvement in the re-action wheels
"by making the buckets as thin at .11Otii 'ends
as they can safely be made, and the rim no wi
der than sufficient to cover them." (4) Or the
"hollow box gate in any form, either cylindri
eal,vnuare, or irregular"—and have produced
some evillerice tending to prove &se allege. :
TiVerd."'"Pliey - adinit that in the case of - Parker
vs. Huline, Me; juty found .specially that the
patentees `.were'the first to Hiram and apply
to use two or more re=rietion wheels arranged
in pairs on one horizontal shaft.". They insist
that this verdict should have no effect as against
them, because they were not parties to , that suit,
and produce•the affidavitaof ten witnesses tend.
ing to prove the verdict Inconel, which were
not examined in that case, or known to the de
&taint. They aver also, that in the case of
Parker vv. Stiles, tried in Ohio, the same objec
tion was made to tire patent, and so fully pro
ven, that the plaintiff admtited the fact, but tie
tiled that the patent • claimed such a__machino,
-and - produced - the charge of the judio•in that
- case, deciding "Mat the plaintiff's patent, did
not claim the duplication of wheels on a hori
zontal shaft," and giving as a reason fir this
construction "that this arrangement oft wheels
on a horizontal shaft, has been so long used and
known,-that-it cannot bo presUmed - the patent :
ems were ignorant of It and intended to r clann it
as new."' 'They also aver that ' "in the case
of Parker and Moreland, tried in Indiana, there
.
was a verdict for cefendanto , aniding,tall tho
, palate•tigiiinst the claim of the plaintiff:" To
meet the allegation of possesslini on the part of
the patentees, the answers aver. also, "that the
'wheelsomed by defendants have been publicly
need by them for a long Ppace offline, and that
the complainant has long had knOwledge of
such use that many other similar - wheels have
been publicly sold and openly used in N. York;
Now Jersey: and Pennsylvania, and-' in many
other Stateador. a great nunibei of yeawand
that the right to use' the 'tame lois not been'
questioned; disputed or denied, until the pres.
ent complaint and the proccedingi of complain.
ant, hi this heluilfr and that the patentee& or.
• their onions have never tun ."•or, heed Ottler
wheel!' such 4 are tun or„used by rho
orhod mina! or:jogai poacsalmt of
' CARLISLig, ,iIEPTEPIIBER 11, 1850.
Now although the patentees have incorrectly
stated their invention in their, patent to be "an
improje'ment in the application of. hydraulic
povier, by methods of conibining percussion and
reaetion,r_yet in their„specifiortion, they have
well and clearly described three . different hy
draulio machines or eambinationef maiihinery,
which are undoubtedly valuable inventions, and
founded on the application of
.a principle first
discovered or directly applied by the'patenteee,
though perhaps nut stated in correct oescienti-;
fie phraseology. That the patentees are high.
ly meritorious inventors, cannot, wo think, be
disputed ; and had they confined their claim to
the three machines described in their specifica
tion, and other modes of developing - the same
principle, and producing the same result by
similar or equivalent devices, their patent could
not, and probablyi would not have been assail- _
cd. But they have (injudiciously, as we think,)
enumerated nine several pat ts of the combined
machines, which, as distinct machines or devi
ces, they -"claim as their invention, and` for
which they neck an exclusive privilege.'.' If
they are the Original inventors of each of those,
their claim is undoubtedly set forth with suffi
cient distinetneii to entitle them to recover a
, ga i ns t a py p e rs on %cfa'' wee charged with in
fringing their patent, by using any one of them;
If they are not, their patent claims , too much,
and, its validity maj be, assailed en that ground,
even though irbe of slight value or importance.
It is true they have a right to disclaim anything
which has been claimed through
or mistake'."- Tor:Vlftie7d4ateral.9 ,
thing 'as fits Oven, , courts or law Cannot reject
the claim, though he may claim it himself.—
Otherwise if he sums up the particulars of his
invention, he is confined and - held to such sum
mary, and his patent- must stand oc fall by it.- -
Patents-should be construed-liberally; to-sup. -
port the 'claims of meritorious inventors.' But
there may be a liberality of construction very
injurious to the public, especially if it .permits
a patentee to couch his specifications in such
ambiguous terms, that its claims may be con
traded or expanded to suit the exigency. •
We do not wish-to-beaniderstudd-as--intima
mating-that-the-plaintiff's-specification is justly
liable to this charge. We think (with all pro
per deference to learned judges who have ru
led otherwise) that the specification will bear
no other construction on the posit. under con- /
sideration, than that which waxgiven to it by
the plaintiff and his counsel and the cout.t,ln •
the' trial. of Parker vs. ['ulnae. We do not
think
,iican be fairly' charged with's'tch Pro
tean capabilities of construction as have unfor
tunately beets given it. •
for the 'purpose of the present motions,
tfie case stands thus. In the
, uctiOn at law.
against Mime in this court, the 'plaintiff clai
med the duplication of reaction :Wheels on
izontal shaft, to be an infringei , jelfritellidplit-:
nut, and called on the court to instruct the jury
that such duplication migli!, be made the sub
juct of a patent. The defendant 4emed the
validity of hip title on the ground that he Wan
not the first to invent for use such 'a
duplica
tion-; and the title of the patentee was support-
ed because the jury found he "was the first to
use two or more wheels on a horizontal shaft,"
'the defendant being unable to furnish sufficient
proof to the contrary. ,
The present defendants have produced the
iiv4osilions of ten wititesses,„teriding to dis-'
,rovertlint-facti-and-havtrmor&rershowirthat--
on a trial of the same kind in Ohio, where the
fact of prior use was clearly proven, the de
fence was evaded on the ground that the speci
fication-did-net claim - such - duplication; and for
this singular and single reason—"that the pa
tentee Could not be presumed to claim what he
must have knoivn he did not invent."
Imthe charge of the judge in the case ,of
Parker ve. Ferguson, is New York (which has
been shown to the court,) it appears that where
the ssmb defence was made and substantiated,
the Court instructed the,jury as follows:
"There is some obsCurity in the Wording of
this claim, but it seems to use that the cons- ,
pound wheel they dean, is a wheel constructed"
by placing two or more of the wheels on a hor
izontal shaft, with the inner and outer cylin
dere supplied wills water by a spiral spout."
Now how are the defendants, who are re•
quested to desist from infringing this patent, to
act? By the verdict and claim made in this
Slate, their- duplicate reaction wheels must
come down. By the decision and claim made
in Ohio they may , s ‘ tan&-- - And by that in Now
York, they must be ialceit down only ivhen ttie
duplicate wheels are connected ivitti cylinders
•and apical spauts. , • 1 , '
_ It would be rather_hard to_compel the defen
dants to discover the true meaning of a patent,
when three eurneticourts have given it as ma
ny different constructions, and the patentees.,
or -their assigns, have been so inconsistent in'
their claims. Now, we do not say that the pa-.
tent is invalid obscuiity or
ambiguity, but wA do say hat the trials at law
to establish the Plaintiff's title, have left it in
such a doubtful shape- that the Court cannot
VatiVeletirness and certainty say what is an in
fringement of the Ontent; and what is not. The
verdicts at-law, like the addittoti of equal pos
itive and - negative' quantities In aliebrai-seem
to annihilate each other so fur as they affect
the present, motion.
With 'regard to the lastground'of objection
to,granting the present motions, we - would- re
mark—The chief object of issuing such writs
before the final hearing of the cause, is to pre
vent irreparable Mischief, not to give the com
plainant the moans u'aciarcing a comprorhise.
'on hie Own terms,.froin_the_inevitable injury..
that defendants must suffer from the stoppage
of tlieir mills and manufactories. .
'The defendants aro not. wanton piratora of
the plataiiint invention: • Thefbelievesiricere
ly that they do not. infringe it, or if they have
unintentionally done , so, that . they can show
that his patent claims more than
,ho is entitled
to. They hove had many years peaceable and
unchallenged possession of the tatachines which
they purchseed from patentees, 7With prima,fa
eta evidence of title., Theotice of infringe
ment if any; there - be, has been given after
loagoequieseence, araljust its the PatenOs a-.
bout to
None at - their' ethatds Imo 'direct and 'palpa
ble piracies if th'oaa desitribed in tho patent of
the plaintiff; atitl'if thtigiicAttidentally or par-,
(tally not upon_ tha' prineiPle' patented, it re=,
qutretrtnore knowledge) of tthe science of,b,
drcidynarnies tit discover ,it,',than tout jy,lf erg,
of them poNeps„ • ,
.
—To middiniyfitop ono butnlred,ollB and n!an
ufactories, tp 4nju'ctione taped at this'
would cause grpat and irreparable injury, 'not
only to the : defencrants,buyo tho public - at
lardec and be of no corresponding benefit to the
plaintiff, Whose interest it is that they should
use his invention If they pay him for it. The
plaintiff can be cbmppnsated by damages if the
defendants shall be found to have infringed his
patenk and they are amply'-able to pay both
damages - snd costa. In the six or eight weeks
which this patent has to run, it cannot be ex
pected that the complainant would sell any
new licenses. And if the j defendants continue
to use and pay him for his invention, so much
the better'for him. There may be, and often
ara r eases where the patent is for atmachine to
make some articles of manufacture, or met ,
• chandise, in a cheaper.raethed tliamwas before
known, and where tht source of profit to the
'patentee arises, from his monopoly of the arti•
cies, and having no competitors in the market.
In such a case the damage to the patentee by a
piracy of his invention might be very great,
and the court would'issue an injunction on a
plain case in the last month or week of the
patent's ,life, or even after the time limited
for its expiration, to restrain the flak) of ma
chines or articles piratically manufactured in
violation of the patent, while it waa to force.
But hi this case, the injunction cannot benefit
the plaintiff, except-by Its abuse. His standing
by for so many years, without complaint or de
mand of compensation, is conclusive evidence
that a continuance of a use of his invention,
for a few weeks or time. months longer, if paid
irreParable nature as to require this sharp and
•
hasty remedy.
Tee issuing of an interlocutor); injunction ie
always a matter of discretion with the Court,
and depends on the peculiar circumstances of
each case. 'o suspend tho opoialion.ota sin
gte mill or manufaeittry, titiefor a weelc or two,
because some' wheel, bucket, or- other Small
piirtion-of its machinery inay chance to infringe
some dormant patent, would be a doubtful ex•
erciso of discretion, Where the benefits to re
sult from it to the complainant are.so compa re
hisiessof_any,_so..pe.rfectly..
capable of compensation. How touch _ more .
so, when we are culled upon - to stop the opera-,
tion,at . one hundred.
/ To sucltskdeinand. we may, Well use the lan
guage of Lor4 . utteriham, in Nelsen v. Thump.
sun, (1 Webster's Reports, 275.). seems to
me that stopping the Works under the circum
stances, is just inverting the purpose for which•
ail injunction is used. An injunction is used for
the purpose of. 'preventing mischief. Tide
would be using the lair/notion for the purpose
of creating iniachief, 'because the plaintiff can;
not possibly be injured." .
.For these reasons the injunctions aro 'refit
sed.—Per Curiae..___.:...'
-7 . l4allery and Penrose of• Philadolphia,"were
the attorneys for th 6 defOndants lliese impor
tant cases.
~~r~~~~34a~(h~~ a
From the Lonlim Ladles' Companion.
WIRT MEN THINILOF WOMEN.
Let no one doubt tlfit' 4 lit would bo well for
both men and woman if each sex really knew
more of the other; if woman were less in the
hubit_o_f_wearimka-smiling-mask-in-their-inter
course with men, and men showed more of
their naturally manly selves in the society of
women. Aii it is, there is a sort of hypocrisy
on_both sides, which is usually practised
out of the family— It curious to mark how.
far this goes, and in what little things it shows
itself. You shall watch a man talking With
men ;-mark-how-- nattial- his tones are; -how,
easy his attitude and gestures, if, he indulge
in any. But sea the same man go up tea wo
man and talk with her: in nine cares out of ten
you see a sudden and total change of bearing
and demdanor. His voice hes a sort of ullecta•
lion in it ; his body has acquired a sort of un
graceful movement, or isstiffened into a more
constrained repose.'lt is clear that - liels - acting.
a part; and a situ ilar change is observable in
the woman, who has, generally, one manner
for her :gen sea,..and another for the other.—
While conversing with a man,- she ,is much .
more alive and eager, and vivacious, and often
thinks it necessary to affect an interest to things
in which she feels, no real concern. She-is
playing to the_ipan, es the man is playing to
her." They are showing each other the var
nished sides of` licir respective selves.
Non' in all social interainuse there is mire or
less'of this do:or of admitted and conscious de•
cepiion, but it is‘`Pitich niewitibtiratnif& - c - 5
further, and is-used more as U blind. between
persons of the opposite SOUS j. and it has more
serious ill consequences as between men and
women than as beliveen, man anti nian, or wo
man and woman. It is never so much practi•
sed as when people are falling. in,,love with
each other, end ufterwards,during love•making
and the earlier . ' stages of married lift s p and
theri, all of,a sudden r the husti - and lays aside
the mask from 'sheer impatience of it, or it
gets knocked off in some sudden collision, or it
_slips aside r and-then is the first bitter disap
pointment and disenchantment, on the one side
or the other, as the case may be. , ,.,, •, •
Married people, utust come to an understan
ding sooner or later, and. at, more or less cost.
With thorn the deception 'is sure, ter be found
out, though the discovery not unfrequently.sad
dens the future of two lives. , But in the com
mon give and take 'of social life r between men
and women Mitt are not, loversynor, like tope,
this habit of mutual,deception leads to a sort
of general falseness, unreality and
,cornterripti-
We, Mouth tolerated, affemation:
It bitlongs to woman to say what Ahoy think
of men, but it strikes the writer (wlna is n man)'
that hey they be pardoned for saying some things
whiib be has observed men think of 'women,
in the hope that he may bittiome real "blote,"
and : perhaps, touch a,qu'ick conscience or no,
and thus' heip,.perhaps, to the correction o f a
bad habit.
As. a general rtile, men ,like , natuial, easy'
mannered, frank; and unafiketed 'women. It la
.
true Mit soine'rnen will tell you they '"likvier=
feetation".', - But into . ibis Will prove'
diet thiy`pnly, like a. nifeetatibe; some trick
perhaps, or peculiarity, which has for, thee' d
ei,yeierieue ntirecuicUi, altogether inexPlicakle,
end which na
,wpman need ever give herself the
_froutile ickeney fer,,ln_order,to employ it [c
-
not,indeed,,uncenntoolor a marl t' deelate
he -likes.affeeta lion, because he happen t for: tiie
time being, to admire and like'an awned WO.
LEM
man. But the real - charti, then,',i4ot in her
affectation :-,,JjShe2h an, Weeded Woman," in a
man's'criticism of woman, is blame. So Much
woman may be assured of,-1
There are 'blame of affectations, which vary
in offensiveness in the eyes of -different men:—
But as a general rule, it will be found Shut all.
abnegation of sex and the characteristics of sex
in a womainardiooked upon by men with no
favor.' "A masculine *mean"' is a personage
whom men shrink from withm eingular Alike
in most cases.. But women must not.misunder
stand what men meaq by "masculine:'
They do not mean, for example, a selidepen
dent woman, who is able to go about her own
business, without falling into silly difficulties,
and making an unnecessary bother;—"to, in
town, can do her own'shopping, without allow
ing herself to be bullied by impudent shopmen;
knows how to repel insolence can choose-the
proper moment to get oveca crossing; who,-in
the country, can visit her cottages, go chent•-
,fully and) readily abbut her errands of mercy
and kindness alone, and so on.
This sort of aeltdependenee in wininin relea
ses rolatirbl,NiondNiind_hushands, from a
heavy tax upon iheir time and patiirce, aatd
shows thakhelpfulness and capacity. °Venire
Which 'every sensible man would wish to find in
his own wife. isieither does a masculine wo
man mean ono whn is strong and vigorous, fo'n'alt
of walking.und riding and such exercises as
women can ~take, either alone or'in company.
Nor does, the name apply, generally, to a wo•
.riaii.iiiisili'inialistspnlitinintellectual mat
ters; who rends books of sound history, and
criticism, and science. 411 these habits are
compatible with femibineness of character ••-
There are many instances of women Who- env.
ploy their intellects on strong mental food , and
discharge, at the name tune, in an
way, all,the,dutie4'of wives and mothers; and
in the houses where we find in the, wife this
union of !little- force: of intelligence with the
careful and feminine discharge of womanly
duties, it is within the writer's experience, and
probably, within many of hie readers' expo
-rience, --thst---the-pleasantestrmlost-genial,-and
mosLeultivatedmirele-is-to be found gathered.
A "masculine womanwis very often one who
prides herself upon her womanliness, She
ay glory in being helpless, in laying every
un who comes near her under contribution
'n ome way or oilier ; she.may have no know
-1 iv of business or book-,.she may never mount
a horse, or get out of a mincing tWo.miles•an•
hour walk, she may have a horror of "blues,'
and confine herself elOsely to the narrowest
circle of purely feminine employments and ac- ,
coniplishment, and yet she will be a masculine
woman for all this, if she be bold and confident
in .the assertion of her opinions, obtriteive of
her sex upon men,-silly and - confident in her
ways and affectations;—in one word, if she be
habOally,cartiess of rociire anaventlenesa.
This last point-involves thy true test. We
find "the masculine," in women, wherever we
miss gentleness, real modesty, the soft -and low
voice, thb thoughtful and delicate kindness, the
trustingnesv, tolerance, and• sweetness, which
go together to make up the ideal• of-woman
hood ; all of which are compatible with- the
most complete self-dependence, the most.vigor
ous health, and the widest mid gravest knowl
edge. Where the the former :qualitie a exist
the-latter gifts will ever Command the thankful
admiration no less , than- the-general-esteem-of--
the best men; and're woman, who truly res
pects herself, should court the approval of any
men but the best she knOws.
Genealogy oil Adam:
Tho Rev..'D,r. Smith, who for sometime past,
has been advocating, with groat learning and
power, the doctrine of the strict only of the hu
man race, thus.refora to Adam and his imme.
diate descendants :
In the genealogy of Adam; but three of his
children, Cain, Abel and , Sekaro mentioned
by name, and a few only of his remoter de
seendapts appear in the record. In the 990
years he walked upon tho earth, his family must
have been-far more numerous thansthis, and his
other-children aro expressly alluded to in . the
words, "find Ito begat eons and daughters."—
" Ito mother of all living" was doubtlo tie a
fruitful vino, and both she. and Adam were in .
the rigor of their lives for a length of years
which thclpostidiluvians know clothing of. Cain
was.a married man
~w hen Ito slew Abel, and
was then, 'not less, probably, than 129 years- of
age. Seth who was appointed by God to;occu
py the plsco of Abel whom Cain slew, Was born.
to Adam - when" lie was 130'.yecirs old. Tho nat
ural increase of the race of man is extremely
rapid when' no hindrance is Interposed. An
island, first occupied by a few shipwrecked
English in 1589, and' discovered, by a Dutch
vessel in 1667, is said to have been found pen-'
pied after 80 years by 12,000 souls,clll the de
scendants of four inotheri." When the Crea
tor undertook to people a world, wo may sup.
pose that his providence arranged for this - ead.
and no hindrance was, allowed to. interpose.
It is believed that the death of Abel was the
first w i llich occurred in the family Of man. It
is not, an unreasonable supposition, therefore,
as figures swill demonstrate, that the family of'
Adam embraced 1190,000 to 200,000 people at
the banishment of Cain., . -
How many of these adhered to the fortunes
of Cain, from whom a largo share descended, or
whether any, we are not informed, nor aro we
told when his-city, It he lived as long
initathei Attain, it'd built it In the closing pe.'
dad of his lifO, hie own descandante horn in the
land of Nod, i„ e. in tho land of Me . flight,which
the name denotes, wore far" more numerous
than thonumhers above would indicateg. The
' gam romirk a will also pply, to Nimrod.--: .
Though he may be, as is suitl in these lecture..
but of "the second, generation Rom Hatial thei;
was abundant time torn .population tohave a
the earth, after a flood, sufficiently nu.
tnorous to fork' kingdoms. 'rho city, Cain .
built svas probably not extraordinary for size,
but dt first, al lOaak a mere stockade, earthwork
or fortress. Rome was not built in a day, It
wail °neon hamlet or blisokhouse on the Capt.'
tohno Mount. It was only the• "beginning" of
the kingdom,founded by Nineveh, Rehoboth,
Caleb, and Region, of Which thelietorian Speaks.
tirVortir - 0:1;11owtng tosst yrris even ,nt the:'
Printers' eincjnet recently i 11 1t
In .oey' ; —:,:*
'fiteniiible JO 'll' .ingee t , '
preperireontiuetedi." • . •
VOt I ME.I4I.-N,O '2
From the New Itorkaplytt of the Times
Letter from Etre. l'attington.
. I'd writ, afore, butwee tuk eik, and like ter
died with the die-a4ear, and'dieintereated corn:,
plaint.
bean'aut welkin with the Rev. Mr.Stig
gins, olparvin the atarein the fundament, and
:the flagrant odor of the honepauckers, sweet
syringes, Polly Anthusee, and Mary Goolde,
with the shiny con Aishun of the moon, kep us
up too late; necks day I went out in the hot
sun's rase, without my parachute , and like ter
pardoned information in my brain.
I sent for pockter Squills, and he cad my et.
omentary canawl was in abominable bad order,
and so he gim ne ocilmumile_till it perdused
salvation, then Bring:beak".. Pills and Grave
'amburg's Company's medsina and wound up
with miature and. Codger water, until
he pronounced me effervescent, [Query—con
valescent t- ED.] and this is my appoplexy for
not-writin afore..
Oh, eny . ! I'm in Suoha fidget about Congress?
the Union will be diSsoltite, I no. Ther's 'that
Absolom man, Benton, bent on having his own
Weigh, with Mr. Btiggins pee is nigh onto two
hundred and filly, they „nirll,liiree. 'Old Bullion,
cause he's oilers bullyinenniin one.
And then that Ile•OrCubebn bisnis, and I 'mer
afrealed the stripes and stare'—our sweet flag—
is in'a eels museondishun..
I smell gunpowder in every blow and breeze+ ,
and we shall have disorderly sargeante beatin'
dvAirna anOrumpots about the sireets agin.,
I don't like Rio', and new fashioned Piscota.
clan Parsons, that ware cossacks,and has orbie
uhif confessions—they may'preach about Moses
sodgorin'forty years in the wilderness, but I
dereibeliove_ cerdia to !Chrietiariity te7faVT3 .
"Whiskey'd Panders and their loud Hamra'
Rampegin up and down the uountry,, and cut- .
tin' up rustics. - -
Moses didn't do nofitin' arter all, unless he
fit the tigers in the wildernesejor the Red Sea
made a rise on Pharo and swept him clean.
Mr.Stidkins sea, Clay.:;nm - d -- Websteris - thcr
two pillers of Libboty; blot . I always tho't the
pillory of Libhety was . sfuffed with the fathers.
of the Eglo of Freedom; that Mister Claton sent
to CObeba to pertect the Woman'S Island pris.
nem.- Them Ile of Cubaba fellers had bust let
Womiin's island alone. - -
I want to came fiown'anir sea Mr. Grizzlore
pair of Rochester knockers, tursocin as I am of
fio en tly et fortFes ce n t.. They—say they're. fishes,
and havo,gnt a fish beau, and' an old she for a
- eliamperon: •
Respectfully yours,
Sims Au PARTINGTON
Preserves and Se
Gather fruit wizen it is 'di"
Long boiling hardens the fruit ,
Pour boiling water over the sieves used, and'
wring out jelly bags in hot water the moment
Lou are to use them.
Do not squeeze while straining.througb jelly
begs
Let the pots and jars containing aweetmeahr
just made, remain uncovered three , daya.
Lay brandy papers over the top, cover them
tight and seal them, or, what is beat of all,
soak a split bladder and tie it tight over them.
4n-drying-it-will-shrink-so-as to be-perfe—alliV;
tight.
Keep them in a dry, but+nora warm place..
A tkiek,
,leathery mould helps to preserve
fruit, - but when mould - appears io specks, the
preserves must be scalded in a warm oven, or
be Set into hot water which must then boil lilt
all the preserves are scalded.,
Always keep Watch.of preserves which are
not sealed, especially in worm and damp .
weather. The only sure way to keep them
without risk, or care is to make them With c—
..nough sugar and.seal themor put the bladder
moreover.
"CO9ILITIONS IN 4 MEAT: Snop.--.There
aint nothing here that a feller wants,' said a
poor Pllgarlic io himself, an he fingered a ter—
ribly small coin in his pocltet,.at the same timer
glancing along the row of poultry and lamb
and veal, and..portly beat; end the piles of es•
oulents that temptingly rained their heads(per—
haps roots).around There aint nythifig
hero. Beef aint wholenotne--that'n a fact.
Beef never's good. this season of the year.' ,I 3•—
Sides, I never can get it conked to m i • log.
Fifteen cents, did you say? I gu s I Won't
(.1
think of beef today. Lamb I like, but't aint
viii.Fcifitablo—so much bone in it; and you
don't get It very aico here neither ; driv to
death before they kill it for market, and then
hung up for catching. Mutton r I hate mut
ton. I don't know 'anything I hate worse un
less 't id harn,.at fourteert cents wpounth Eggs
is well enough-L•the're cheap and wholesome,
but who in thunder wants to_eat eggs al/ _the
time e'Chickens I tough, I dare say,tough.:as
tOphet. Old hens retired from business, or
roosters shut up shop. You don't putend r to
eall them:this yeses chiekons do ye? , Soren
ty-five cents a pair!—Preposterous I. Veal,
be I Dead coif I—That won't do no how.
Corned beef, now-a-days, skit what it used to
be-3 aint •Alt enough. ii'vemy suspicions about
corned beef. Tripe! le' me sees I like tripe._
It's good far any season. Always, wholesome,
,easy to digest, and Cheap.' I'll take a Pound .,
Your other trumpery Ji would'nt give that' for
It,' (snapping his fingers,. and exit.) Palkfin,
der..
, •
- "WEEP WITH 'Nein -
fh is little incident toilet:me She heart. ' A meth- ,
er who was in , the habit 'cif asking berchildien,
before • they retired .- at night;'- what they. had
thine during the day to maks others happy, 'fogad
a young twin datlghter silent. The elder' one
spoke modestly of deeds and disposition ; foun
ded on the golden rule—"Do unto other's as
you would they Should do unto you:" . Stilt
the little bright, face -was bowed down'in al
lance. The question'Atas repealed, and the
dear little child - iaid,..timhily— , A little
wife eat by me on a bench et school; lied lost
baby brother. Ail the time she studied.' her
lesion she. hid hoe face In per beck ..end.,crled.
I felt o,fierry that nalii my face the, same
bobk and cried with Then she looked up
'and put her arm akciand neek,'biit not
know eetituoti
. , '
,
1530•Att' Irish ittitii; ini,i4; !Atha' Weir .to '
'atop auibiAa wax makei'tt 'tiipitut
punishable with death ! " -- • " ' ,
El
113
RIO