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obtain the hydrogen peroxide in a state of greater purity than results from the above, the clear liquor is subjected to special chemical treatment, which, as it constitutes no part of the present invention, is not described.

Only the first claim of the patent is involved in this suit. That claim reads as follows: "(1) The method of making hydrogen peroxide by cooling the acid solution, imparting thereto a continuous movement of rotation, as well in vertical as in horizontal planes,-such, for example as imparted by a revolving screw in a receptacle, oxide in small quantities, while maintaining the low temperature and the rotary or eddying movements,substantially as described." The answer sets up, among other defenses, that the alleged invention and patent do not contain any patentable subject-matter. After a replication, proofs were taken, and, on a hearing, the court, held by Judge COXE, entered a decree dismissing the bill, with costs. From this decree the plaintiff has appealed. The opinion of the court is found in 23 Blatchf. 435, and 26 Fed. Rep. 629.

ing eddies, the said movement of rotation | the matters in suspension to settle, and ton being imparted continuously during the ad- decant the clear liquor. If it is desired to dition of the binoxide. The present invention consists, therefore, first, in imparting to the acid a movement of rotation, the time required for the chemical reaction being thereby lessened, while the reaction itself is more complete." The specification gives a description of the apparatus which it says is preferably to be employed, and forms part of the invention, in substance as follows: There is a receptacle for the acid, and a jacketing vessel, in which the receptacle rests, for containing the refrigerant or cooling medium. There is a rotating screw and a vertical power-shaft. The acid receptacle need not be of any particu--and adding to said acid solution the binular size, but a good capacity is from 500 to 1000 gallons. It is preferably hemispherical, but may be cylindrical, frustoconical, or of other suitable form; and it is made of or lined with material adapted to resist the action of the acid. For use with hydrofluoric acid a sheet-iron, or, better, a copper, vessel lined with lead may be used, or one of platinum, gold, or silver, or one otherwise rendered non-corrodible. The screw is provided with helicoidal blades, ordinarily two, three, or four in number, set obliquely on the arbor or screw-shaft. The blades are preferably pierced with holes. The screw It appears from the record that the first is suspended in the receptacle, being detach-claim was three times rejected by the patably connected with the lower end of the ent-office, and was then, on appeal, alpower-shaft by two pieces, one fixed to the lowed by the examiners in chief, who said power-shaft, and the other to the screw-in their decision: "In the present case, the shaft, and clamped together by bolts. On essence of the invention resides in impartthe screw-shaft, above the top of the recep-ing to the liquid, while making hydrogen tacle, is fixed a disk of wood or other suit-peroxide as above, a peculiar motion,-one able material, which catches the oil from which cannot be given by hand; a conthe bearings of the power-shaft, and other tinuous movement of rotation, horizontalforeign matters that otherwise would be ly in opposite directions from the center, or liable to fall into the receptacle. The pow-radially and vortically, or nearly so, acer-shaft is suspended in its bearings by suit- cording to the shape of the vessel; a vortiable collars, which enable it to support the cal motion designated in German as wirbelscrew, and is driven from a horizontal | bewegung,- the movement of a smoke shaft, through beveled gearing, or by other ring,-making what may be termed a 'ring well-known or suitable mechanical means. vortex." They suggested an amendment The length of the screw-shaft is such that to the specification, to make it clear that the blades of the screw do not in operation the invention was no more than in this touch or scrape the interior of the recepta- particular art, all the other steps being cle. The jacketing vessel is of ordinary or old, imparting to the liquid undergoing suitable construction. The cooling medium chemical change this old motion,-this mocommonly employed therein may be placed tion produced, for example, by the eggin it. The vessel being filled with the cool-beater." The opinion of the circuit court ing medium, the proper quantities of acid and water (say 20 parts, by weight, of acid to 100 parts of water, or other suitable proportions) are placed in the receptacle. The screw is put in motion, and the binoxide of barium or calcium, in the state of a more or less thick emulsion or milk, is added in small quantities. The revolving screw imparts a movement of rotation more or less rapid to the liquid, producing eddies therein, and constantly changing the material, and the chemical reaction takes place very regularly and completely. Sufficient binoxide is added to secure the complete neutralization of the acid without rendering the hydrogen peroxide too alkaline. After a certain time, which varies with the quantity of the article manufactured and the amount of binoxide employed, and during which the screw may be stopped, but is preferably kept in revolution, the production of the hydrogen peroxide is finished. It only remains to allow

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says: "It is not pretended that the complainant discovered hydrogen peroxide, or the method of adding barium, mixed with water, from time to time, to the diluted acid, or the necessity for stirring or agitating the liquid. Neither did he invent the obliquely bladed screw, the hemispherical receptacle, the jacketing vessel, or any part of the apparatus described in the specification. All this was old and well known. The patent itself illustrates how extremely circumscribed was the theater of invention." It then refers to the fact that the descriptions, in the specification, of the prior process and of the patented process are substantially the same, except that in the former the stiring was performed by hand, and in the latter it is performed by machinery. The opinion then proceeds: "The question, then, seems to be narrowed down to this: Does it constitute invention to stir, by a well-known and simple mechanical device, what had before been

claim to be enrolled upon the list of inventors is based upon propositions too theoretical and visionary for acceptance." See, also, Dreyfus v. Searle, 124 U. S. 60, 8 Sup. Ct. Rep. 390; Brewing Co. v. Gottfried, 128 U. S. 158, 9 Sup. Ct. Rep. 83.

A careful consideration of the evidence and of the arguments on the part of the appellant (no brief having been submitted on the part of the appellee) induces us to concur in the views of the circuit court. Decree affirmed.

(132 U. S. 210)

CITY OF CHANUTE V. TRADER.
(November 25, 1889.)

WRIT OF ERROR-MOTION TO AFFIRM.
Plaintiff, having procured
against a city in the United States circuit court,
a judgment
sued out a writ of mandamus to compel the levy
of a tax to pay the same. Defendant took a writ
of error on the ground that the judgment was void,
alleging that the payee of the bonds on which it
was rendered was a citizen of the same state with
could sue in the circuit court; in fact, the bonds
the debtor, and hence that neither he nor plaintiff
were payable, both principal and interest, to bearer.
Plaintiff moved to dismiss the writ of error, and
to affirm the judgment granting the mandamus.
Held, that such mandamus, being in the nature
of an execution, and there being no real ground for
though there be no color of right to a dismissal of
the writ of error, the judgment will be affirmed,
the writ of error, as required for an affirmation.
under supreme court rule 6, subd. 5.

In error to the circuit court of the Unite States for the district of Kansas.

stirred by hand? The complainant desired | movement can be produced by hand-stirto manufacture in large quantities what ring, and this seems to be a disputed queshad before been produced chiefly in the lab- tion upon the proof. The complainant's oratory. He knew how hydrogen peroxide had been made; every step in the formula was familiar. A mixture that needed stirring, and a vessel provided with a revolving stirrer, were ready at his hand. He put the former into the latter. This was all. The object of agitating the liquid, while making hydrogen peroxide, is to keep the barium, which is three times as heavy as water, suspended in the acid, so that its particles may come in contact with the particles of acid. Whether they come in contact while going round, rising, settling, or remaining stationary can make no difference. Divest the case of the air of mystery with which it is environed, and it seems simple enough. The complainant's predecessors knew that to keep the barium up in the solution they must stir it. The complainant knew this. Unlike them, however, he manufactured on a scale large enough to make it essential to employ a power shaft. The oar-shaped sticks which formerly went round and round by hand now go round and round by machinery." The court then refers to the contention of the plaintiff that, by the method set out in the patent, a movement was given to the acid which had never before been imparted to it in the manufacture of hydrogen peroxide, because "the liquid is thrown out towards the circumference of the vessel at the bottom, rises at the sides, returns to the center, and then descends, to be again thrown out at the bottom, while at the same time it is carried round and round;" and says that this, "being reduced to still simpler language, means that the machine will stir large quantities of the liquid more thoroughly than the hand-worked paddles." It adds: "The pretense that the complainant had discovered some occult and wonder-working power, in the motion of a screw revolving in the bottom of a tub, is not sustained by the proof. Whether the contents of the tub be oxygenated water, or soap, or lye, or tartaric acid, the action will be the same. That rotary, eddying motions in liquid will result from the revolving screw, that the liq-"indebted to the Tioga Flouring-Mill Comuid will rise highest at the periphery of the pany in the sum of five hundred dollars, tub, and thus have the tendency, at the lawful money of the United States, with intop, to fall towards the center, were well terest from the date hereof, at the rate of understood operations of centrifugal force. ten per cent. per annum, as provided by As every device, apparatus, formula, law law, and payable semi-annually, as per inof nature, motion, and ingredient adopted terest coupons hereto attached; the princiby the complainant was old, the patent pal being due in ten years from date hereof, must be held invalid, unless it can be said and with the interest thereon payable at that giving to oxygenated water a well- the office of the Farmers' Loan and Trust known rotary motion springs 'from that Company, in the city of New York, to the intuitive faculty of the mind put forth in bearer." On the 27th of July, 1888, Trader the search of new results or new methods, served a notice on the city of Chanute, adcreating what had not before existed, or dressed to the mayor and councilmen of the bringing to light what lay hidden from city, requesting them to levy a tax on the vision.' Hollister v. Manufacturing Co., taxable property within the city to pay 113 U. S. 59, 72, 5 Sup. Ct. Rep. 717. No such and satisfy the judgment. It does not apfaculty has been tasked in giving form to pear that any execution has been issued on this patent. There is here no sufficient the judgment. On the 9th of July, 1889, foundation upon which to rest a claim Trader applied to the circuit court for a which, if construed as broadly as the com- writ of mandamus, requiring the officers of plainant insists it should be, practically the city to levy a tax to satisfy the judgmakes all pay tribute who stir the mixture ment. An alternative writ was issued on in question by machinery, and by hand that day. In answer to the writ, the city also, provided substantially the same set up, by way of plea in bar, that the

A. G. Safford and J. W. Gleed, for plain. tiff in error. John Hutchings, S. Shellabarger, and J. M. Wilson, for defendant in error.

BLATCHFORD, J. Wilbur F. Trader recovered a judgment in the circuit court of the United States for the district of Kansas against the city of Chanute, on the 4th of December, 1885, for $7,702.12, damages and: costs, on certain bonds and coupons issued July 1, 1872, by the city of Tioga. Each bond stated that the city of Tioga was

*198

oxide in small quantities, while maintaining the low temperature and the rotary or eddying movements, substantially as described.” The answer sets up, among other defenses, that the alleged invention and patent do not contain any patentable subject-matter. After a replication, proofs were taken, and, on a hearing, the court, held by Judge COXE, entered a decree dismissing the bill, with costs. From this decree the plaintiff has appealed. The opinion of the court is found in 23 Blatchf. 435, and 26 Fed. Rep. 629.

ing eddies, the said movement of rotation | the matters in suspension to settle, and to being imparted continuously during the ad- decant the clear liquor. If it is desired to dition of the binoxide. The present inven- obtain the hydrogen peroxide in a state of tion consists, therefore, first, in imparting greater purity than results from the above, to the acid a movement of rotation, the the clear liquor is subjected to special chemtime required for the chemical reaction be-ical treatment, which, as it constitutes no ing thereby lessened, while the reaction it- part of the present invention, is not deself is more complete." The specification scribed. gives a description of the apparatus which Only the first claim of the patent is inIt says is preferably to be employed, and volved in this suit. That claim reads as forms part of the invention, in substance follows: "(1) The method of making hyas follows: There is a receptacle for the drogen peroxide by cooling the acid soluacid, and a jacketing vessel, in which the tion, imparting thereto a continuous movereceptacle rests, for containing the refriger- ment of rotation, as well in vertical as in ant or cooling medium. There is a rotat-horizontal planes,-such, for example as iming screw and a vertical power-shaft. The parted by a revolving screw in a receptacle, acid receptacle need not be of any particu--and adding to said acid solution the binular size, but a good capacity is from 500 to 1000 gallons. It is preferably hemispherical, but may be cylindrical, frustoconical, or of other suitable form; and it is made of or lined with material adapted to resist the action of the acid. For use with hydrofluoric acid a sheet-iron, or, better, a copper, vessel lined with lead may be used, or one of platinum, gold, or silver, or one otherwise rendered non-corrodible. The screw is provided with helicoidal blades, ordinarily two, three, or four in number, set obliquely on the arbor or screw-shaft. The blades are preferably pierced with holes. The screw It appears from the record that the first is suspended in the receptacle, being detach-claim was three times rejected by the patably connected with the lower end of the ent-office, and was then, on appeal, alpower-shaft by two pieces, one fixed to the lowed by the examiners in chief, who said power-shaft, and the other to the screw-in their decision: "In the present case, the shaft, and clamped together by bolts. On essence of the invention resides in impartthe screw-shaft, above the top of the recep-ing to the liquid, while making hydrogen tacle, is fixed a disk of wood or other suit-peroxide as above, a peculiar motion,-one able material, which catches the oil from which cannot be given by hand; a conthe bearings of the power-shaft, and other tinuous movement of rotation, horizontalforeign matters that otherwise would be ly in opposite directions from the center, or liable to fall into the receptacle. The pow-radially and vortically, or nearly so, acer-shaft is suspended in its bearings by suit- cording to the shape of the vessel; a vortiable collars, which enable it to support the cal motion designated in German as wirbelscrew, and is driven from a horizontal | bewegung,- the movement of a smoke shaft, through beveled gearing, or by other ring,-making what may be termed a 'ring well-known or suitable mechanical means. vortex."" They suggested an amendment The length of the screw-shaft is such that to the specification, to make it clear that the blades of the screw do not in operation the invention was no more than in this touch or scrape the interior of the recepta-particular art, all the other steps being cle. The jacketing vessel is of ordinary or suitable construction. The cooling medium commonly employed therein may be placed in it. The vessel being filled with the cooling medium, the proper quantities of acid and water (say 20 parts, by weight, of acid to 100 parts of water, or other suitable proportions) are placed in the receptacle. The screw is put in motion, and the binoxide of barium or calcium, in the state of a more or less thick emulsion or milk, is added in small quantities. The revolving screw imparts a movement of rotation more or less rapid to the liquid, producing eddies therein, and constantly changing the material, and the chemical reaction takes place very regularly and completely. Sufficient binoxide is added to secure the complete neutralization of the acid without rendering the hydrogen peroxide too alkaline. After a certain time, which varies with the quantity of the article | manufactured and the amount of binoxide employed, and during which the screw may be stopped, but is preferably kept in revolution, the production of the hydrogen peroxide is finished. It only remains to allow

old, imparting to the liquid undergoing chemical change this old motion,-this motion produced, for example, by the eggbeater." The opinion of the circuit court says: "It is not pretended that the complainant discovered hydrogen peroxide, or the method of adding barium, mixed with water, from time to time, to the diluted acid, or the necessity for stirring or agitating the liquid. Neither did he invent the obliquely bladed screw, the hemispherical receptacle, the jacketing vessel, or any part of the apparatus described in the specification. All this was old and well known. The patent itself illustrates how extremely circumscribed was the theater of invention." It then refers to the fact that the descriptions, in the specification, of the prior process and of the patented process are substantially the same, except that in the former the stiring was performed by hand, and in the latter it is performed by machinery. The opinion then proceeds: "The question, then, seems to be narrowed down to this: Does it constitute invention to stir, by a well-known and simple mechanical device, what had before been

movement can be produced by hand-stirring, and this seems to be a disputed question upon the proof. The complainant's claim to be enrolled upon the list of inventors is based upon propositions too theoretical and visionary for acceptance.' See, also, Dreyfus v. Searle, 124 U. S. 60, 8 Sup. Ct. Rep. 390; Brewing Co. v. Gottfried, 128 U. S. 158, 9 Sup. Ct. Rep. 83.

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A careful consideration of the evidence and of the arguments on the part of the appellant (no brief having been submitted on the part of the appellee) induces us to concur in the views of the circuit court. Decree affirmed.

(132 U. S. 210)

CITY OF CHANUTE V. TRADER.
(November 25, 1889.)

WRIT OF ERROR-MOTION TO AFFIRM.
Plaintiff, having procured
against a city in the United States circuit court,
a judgment
sued out a writ of mandamus to compel the levy
of a tax to pay the same. Defendant took a writ
of error on the ground that the judgment was void,
alleging that the payee of the bonds on which it
was rendered was a citizen of the same state with
the debtor, and hence that neither he nor plaintiff
could sue in the circuit court; in fact, the bonds
were payable, both principal and interest, to bearer.
Plaintiff moved to dismiss the writ of error, and
to affirm the judgment granting the mandamus.
Held, that such mandamus, being in the nature
the writ of error, the judgment will be affirmed
of an execution, and there being no real ground for
though there be no color of right to a dismissal of
the writ of error, as required for an affirmation,
under supreme court rule 6, subd. 5.

In error to the circuit court of the Unite States for the district of Kansas.

stirred by hand? The complainant desired to manufacture in large quantities what had before been produced chiefly in the laboratory. He knew how hydrogen peroxide had been made; every step in the formula was familiar. A mixture that needed stirring, and a vessel provided with a revolving stirrer, were ready at his hand. He put the former into the latter. This was all. The object of agitating the liquid, while making hydrogen peroxide, is to keep the barium, which is three times as heavy as water, suspended in the acid, so that its particles may come in contact with the particles of acid. Whether they come in contact while going round, rising, settling, or remaining stationary can make no difference. Divest the case of the air of mystery with which it is environed, and it seems simple enough. The complainant's predecessors knew that to keep the barium up in the solution they must stir it. The complainant knew this. Unlike them, however, he manufactured on a scale large enough to make it essential to employ a power shaft. The oar-shaped sticks which formerly went round and round by hand now go round and round by machinery." The court then refers to the contention of the plaintiff that, by the method set out in the patent, a movement was given to the acid which had never before been imparted to it in the manufacture of hydrogen per oxide, because "the liquid is thrown out towards the circumference of the vessel at the bottom, rises at the sides, returns to the center, and then descends, to be again thrown out at the bottom, while at the same time it is carried round and round;" and says that this, "being reduced to still simpler language, means that the machine will stir large quantities of the liquid more thoroughly than the hand-worked paddles." It adds: "The pretense that the complainant had discovered some occult and wonder-working power, in the motion of a screw revolving in the bottom of a tub, is not sustained by the proof. Whether the contents of the tub be oxygenated water, or soap, or lye, or tartaric acid, the action will be the same. That rotary, eddying motions in liquid will result from the revolving screw, that the liq-"indebted to the Tioga Flouring-Mill Comuid will rise highest at the periphery of the pany in the sum of five hundred dollars, tub, and thus have the tendency, at the lawful money of the United States, with intop, to fall towards the center, were well terest from the date hereof, at the rate of understood operations of centrifugal force. ten per cent. per annum, as provided by As every device, apparatus, formula, law law, and payable semi-annually, as per inof nature, motion, and ingredient adopted terest coupons hereto attached; the princiby the complainant was old, the patent pal being due in ten years from date hereof, must be held invalid, unless it can be said and with the interest thereon payable at that giving to oxygenated water a well- the office of the Farmers' Loan and Trust known rotary motion springs from that Company, in the city of New York, to the intuitive faculty of the mind put forth in bearer.' On the 27th of July, 1888, Trader the search of new results or new methods, served a notice on the city of Chanute, adcreating what had not before existed, or dressed to the mayor and councilmen of the bringing to light what lay hidden from city, requesting them to levy a tax on the vision.' Hollister v. Manufacturing Co., taxable property within the city to pay 113 U. S. 59, 72, 5 Sup. Ct. Rep. 717. No such and satisfy the judgment. It does not apfaculty has been tasked in giving form to pear that any execution has been issued on this patent. There is here no sufficient the judgment. On the 9th of July, 1889, foundation upon which to rest a claim Trader applied to the circuit court for a which, if construed as broadly as the com- writ of mandamus, requiring the officers of plainant insists it should be, practically the city to levy a tax to satisfy the judg makes all pay tribute who stir the mixture ment. An alternative writ was issued on in question by machinery, and by hand that day. In answer to the writ, the city also, provided substantially the same set up, by way of plea in bar, that the

A. G. Safford and J. W. Gleed, for plain. tiff in error. John Hutchings, S. Shellabarger, and J. M. Wilson, for defendant in error.

BLATCHFORD, J. Wilbur F. Trader recovered a judgment in the circuit court of the United States for the district of Kansas against the city of Chanute, on the 4th of December, 1885, for $7,702.12, damages and costs, on certain bonds and coupons issued July 1, 1872, by the city of Tioga. Each bond stated that the city of Tioga was

*211

original judgment was void because the case, to see what color of right there was circuit court had no jurisdiction of the sub-to a dismissal; yet it affirmed the decree Ject-matter of the action, as appeared from on a consideration of the findings of fact. the petition in it, which set forth a copy of In Swope v. Leffingwell, Id. 3, there was a one of the bonds sued on. The point urged motion to affirm united with a motion to was that the bond was not payable to the dismiss a writ of error to a state court. Tioga Flouring-Mill Company or order, The motion to dismiss was made on the nor to bearer, and that only the interest ground that there was no federal question was payable to the bearer. On a hearing involved. The court held that it had jurison the writ and return, the circuit court, diction, but affirmed the judgment on the on October 14, 1889, rendered a judgment ground that the case on the merits was granting a peremptory writ commanding governed by previous decisions. the officers of the city to levy the tax. A In the present case there does not appear bill of exceptions was allowed, and the city to be any ground for contending that this has brought a writ of error. The defend-court has no jurisdiction, yet we are entireant in error now moves to dismiss the writ of error, and unites with it a motion to affirm the judgment.

ly satisfied that the reasons assigned for taking the writ of error are frivolous, and that it was taken for delay only. The Subdivision 5 of rule 6 of this court was principal of the bonds is payable to bearer first promulgated November 4, 1878, (97 U. as well as the interest. The principal is S. vii.) It reads as follows: "There may stated to be due in 10 years, and, with the be united, with a motion to dismiss a writ interest, to be payable to the bearer. This of error or appeal, a motion to affirm, on is too plain for discussion, and disposes of the ground that, although the record may the point that the original payee in the show that this court has jurisdiction, it is bonds was a citizen of Kansas, and thus of manifest the appeal or writ was taken for the same state with the debtor, and could delay only, or that the question on which not have sued on the bonds in the circuit the jurisdiction depends is so frivolous as court, and so the plaintiff could not. But not to need further argument." At the without putting a different interpretasame term, in Whitney v. Cook, 99 U. S. tion on subdivision 5 of rule 6 from that 607, this court, speaking by Chief Justice which has hitherto prevailed, we are of WAITE, said that the rule implied that opinion that the judgment in the present there should appear on the record "at least case must be affirmed. A proceeding by some color of right to a dismissal." He mandamus to compel the levy of a tax to added: "Our experience teaches that the pay a judgment is in the nature of execuonly way to discourage frivolous appeals tion. The rights of the parties to the and writs of error is by the use of our judgment, in respect of its subject-matpower to award damages, and we think ter, were fixed by its being rendered. If this a proper case in which to say that the prosecution of writs of error to the hereafter more attention will be given to execution of process to enforce judgments that subject, and the rule enforced both ac- is permitted when no real ground exists cording to its letter and spirit. Parties therefor, such interference might become should not be subjected to the delay of intolerable. This court, in the exercise of proceedings for review in this court with-its inherent power and duty to administer out reasonable cause, and our power to justice, ought, independently of subdivision make compensation to some extent for the 5 of rule 6, to reach the mischief by affirmloss occasioned by an unwarranted delaying the action below This is a proper case ought not to be overlooked." The practice for doing so. Judgment affirmed. of not entertaining a motion to affirm, unless there is some color of right to a dismissal, has since been frequently sustained by this court. Hinckley v. Morton, 103 U. S. 764; School-Dist. v. Hall, 106 U. S. 428, 1 Sup. Ct. Rep. 417; Davies v. Corbin, 113 U. S. 687, 5 Sup. Ct. Rep. 696; Walston v. Nevin, 128 U. S. 578, 9 Sup. Ct. Rep. 192; New Orleans v. Construction Co., 129 U. S. 45,9 Sup. Ct. Rep. 223; The Alaska, 130 U. S. 201, 9 Sup. Ct. Rep. 461. In Micas v. Williams, 104 U. S. 556, there was a motion to affirm united with a motion to dismiss a writ of error. The affidavits in opposition to the latter motion showed jurisdiction, as to the amount involved, though on the record as it stood when the motion

was made there was color of right to a dismissal. But the court affirmed the judgment on the ground that the writ was taken for delay only. In The S. C. Tryon, 105 U. S. 267, there was a motion to affirm a decree united with a motion to dismiss the appeal in an admiralty suit. The ground for making the motion to dismiss was that there was no bill of exceptions, but only a finding of facts and conclusions of law. The court overruled that ground, but it is difficult, from the report of the

(132 U. S. 174) YAZOO & M. V. R. Co. v. THOMAS, Sheriff, et al.1

(November 18, 1889.) JURISDICTION OF SUPREME COURT-OBLIGATION OF CONTRACTS-EXEMPTION FROM TAXATION.

1. The supreme court of the United States has jurisdiction to review a decision of the supreme court of a state that a state statute directing the assessment of taxes against railroads not exempt from taxation is applicable to a particular railroad company, which claims to be exempt by its charter, granted by the state before passage of the statute, as, if this be true, the statute impairs the obliga tion of the contract.

2. Section 8 of the charter of the Y. & M. V. R.

Co., granted by the legislature of Mississippi, February 17, 1882, (Laws Miss. 1882, p. 838,) provided that all the property of that company in the state necessary to the exercise of the powers granted, "shall be exempt from taxation for a term of twenty years from the completion of said railroad to the Mississippi river, but not to extend beyond twenty-five years from the date of the approval of this act. Rev Code Miss. § 608, in force at the time, provided that no railroad company should be subject to taxation during construction, but that parts of the road completed and operated for profit should be taxed.

1Affirming 5 South. Rep. 108.

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