« ΠροηγούμενηΣυνέχεια »
An examination of this question, among of the defendant in the usual manner perothers, was made by the state court after taining to courts of justice. The facts upon full hearing by all parties, and all that can which such forfeiture was based have been possibly be claimed on the part of the plain-judicially declared and found, and the detiff in error is that such court erroneously fendant has had full opportunity for its de decided the law. That constitutes no Fed- fense upon such hearing;. The cause of foreral question.
feiture was the fact, which was found by As to the second question, there is no state the court, that the corporation had charged statute subsequent in date to the charter illegal rates for the water it furnished, and of the water company, under or by virtue the right to declare such forfeiture, because of which this proceeding was commenced, of a violation by defendant of the conditions or which in any way affects the contract of fof its charter, was implied in the very grant plaintiff in error. The joint resolution of of the charter itself. The claim therefore the legislature of Louisiana referred the that the forfeiture was a violation of the whole matter to the attorney general for him charter, and of the contract therein conto bring suit to forfeit the charter or to tained, and was on that account a taking take such action as he might think proper. of defendant's property without due process It was a simple authority, if any were of law, or that the state by such judgment needed, to present the question to the court, had denied to defendant the equal protecand neither the contract nor any other tion of the laws,-cannot obtain. Whether rights of the parties were in anywise altered defendant had so violated its charter was a by such resolution. The proceeding herein fact to be decided by the state court. That is based solely upon an alleged violation of court had full jurisdiction over the parties the terms of the charter by the corporation; and the subject matter, and its decision of
that question has been judicially determined the question was conclusive in this case so a after a full investigation by the state courts, far as this court is concerned.
and in a proceeding to which the company Neither the legislative resolution, nor the was a party, and after a full hearing has action of the attorney general, nor that of been accorded it in such proceeding. This the supreme court of the state, nor all comwas due process of law, and no Federal ques- bined can as contended for by plaintiff in tion arises from the decision of the court. error, be in anywise regarded as the taking
The same answer would seem to fit the by the state of property without due procother questions submitted by the plaintiff ess of law through the instrumentality of in error. They are all based upon the prop-its legislative, its executive, and its judi. osition that the judicial determination of cial departments, either jointly or severally. these particular questions by the state tri. When analyzed, the whole claim is reduced bunal was erroneous, and on account of such to the assertion that in enforcing a condi. error the rights of the plaintiff in error, un. tion which is impliedly a part of the charter, der the Federal Constitution, have been vio the state, through the regular administralated. But mere error in deciding questions tion of the law by its courts of justice, has of this nature furnishes no ground of juris. by such courts erroneously construed its diction for this court to review the judg- own laws. This court in such a case has no ments of a state court.
jurisdiction to review that determination, Assuming that there was a contract, as is The assumption that the state court has claimed by the plaintiff in error, arising by refused to apply to the contract herein set virtue of the passage of the acts of 1877 and up the general provisions of the law of con1878, and their acceptance by the corpora- tracts prevailing in the state, and that tion, yet still the erroneous decision by the therefore the state has taken through her state court, admitting, arguendo, that it was judiciary, the property of the plaintiff in erroneous, raises no Federal question. This error without due process of law,-is wholly court does not and cannot entertain juris- without foundation. If it were otherwise, diction to review the judgment of a state then any alleged error in the decision by a court, solely because that judgment im- state court, in applying state law to the pairs or fails to give effect to a contract. case in hand, resulting in a judgment Curtis v. Whitney, 13 Wall. 68, 20 L. ed. against a party, could be reviewed in this 513, holds that a statute may even affect court on a claim that on account of such er. a prior contract without always impairing ror due process of law had not been given its obligation. The judgment must give ef- him. This cannot be maintained. fect to some subsequent state statute or That the bondholders were not made parstate Constitution, or, it may be added, ties is also a question which this court can. some ordinance of a municipal corporation not review. As is said in the Needles Case, passed by the authority of the state legis- 113 U. S. 574, 28 L. ed. 1084, 5 Sup. Ct. lature, which impairs the obligation of a Rep. 681, the corporation, by the very terms contract, before the constitutional provision of its existence, is subject to a dissolution regarding the impairment of such contract at the suit of the state on account of any comes into play. See authorities above wilful violation of its charter, and the credcited.
itors of the corporation deal with it sub .. The state in this case has secured theject to this power. They must accept the forfeiture of the charter of the defendant result of the decision of the state court. by means of a judicial decree obtained in Upon a careful review of all the quesa state court which had jurisdiction to give tions, we are of opinion that, within the the relief prayed for, and after a hearing authorities cited, the claim that apy Fed.
eral question exists in this record is so chemical composition, preparatory to further clearly without color of foundation that this treatment, which specifies neither the size of court is without jurisdiction in this case,
the reservoir nor the amount of metal to be
left therein, where the specifications call for and the writ of error is therefore dismissed.
a reservoir of any convenient size, "holding, say, 100 tons of metal," with the bottom of the discharge spout 2 feet above the bottom
of the vessel in a 100-ton tank, "and more or (185 U. S. 403)
less according to the capacity of the vessel," CARNEGIE STEEL COMPANY, Limited, for the purpose of leaving a considerable Petitioner,
quantity remaining and unpoured with which
the fresh additions may mix. CAMBRIA IRON COMPANY.
7. Infringement of the process claim of the
Jones patent, No. 404,414, for mixing molten
pig iron, the dominant idea of which is the Patents-process invention - construction permanent retention in a large covered reser
of claim_disclaimer-infringement voir of so large a quantity of the molten stipulation of fact-repudiation for mis
metal as will absorb the variations of the take.
product from the blast furnaces received into
it and discharged from it into the converters, 1. A process patent is not anticipated by
results from the use of a covered refractory
lined and turtle-shaped tilting vessel of about mechanism which might, with slight altera
300 tons' capacity for receiving the molten tions, have been adapted to carry out that process, unless such use of it would have oc
metal from the blast furnaces and supplying
the converters, in the practical operation of curred to one whose duty it was to make practical use of the mechanism described.
which, by not allowing the vessel to tilt be
yond a certain point gauged by a chalk mark, 2. The process claim of the Jones patent, No. there is habitually retained in such vessel
404,414, for mixing molten pig iron so as to about 175 tons of molten metal, notwithsecure greater uniformity in chemical com
standing a long prior use of an Intermediate position and avoid the necessity of remelting uncovered receiving ladle for cupola metal, before further treatment in converters, the
which held considerably more than the dominant idea of which is the permanent re amount of metal necessary to charge a contention in a large covered reservoir of so
verter. large a quantity of the molten metal as will 8. Counsel who has entered into a stipulation absorb variations of the product from the
of facts to save delay may, upon giving noblast furnaces received into it and discharged from it into the converters, was not antici.
tice in sufficient time to prevent prejudice to pated by prior patents or publications which
the opposite party, repudiate any fact therein contemplated the storage or mixture in reser
with respect to which the facts subsequently volrs of molten metal from blast furnaces for
developed show that it was inadvertently use in casting or converters, in none of which
signed. was the retention of a quantity of the molten metal recognized as essential; or by the prac
[No. 17.] tice in steel works of mixing remelted pig Iron from cupola furnaces in recelving or res- Argued January 22, 23, 1901. Ordered for ervoir ladles in which a considerable residue
rcargument March 18, 1901. Reargued was generally maintained. 3. Whether the process claim of the Jones
October 17, 18, 21, 1901. Decided May 5,
1902. patent, No. 404,414, for mixing molten metal, which, when read in connection with the
States Circuit Court of Appeals for the products of cupola furnaces as well, and is Third Circuit to review a decree which retherefore invalid, need not be considered in a versed a decree of the Circuit Court in fasult for Infringement by the use of an ap vor of plaintiff in a suit for the infringeparatus for mixing molten metal taken from blast furnaces.
ment of a patent, and remanded the cause 4. A construction of the claim of the Jones to that court, with directions to dismiss the
patent, No. 404,414, for a process of mixing bill. Reversed. molten pig metal, as covering a method for See same case below, 37 C. C. A. 593, 96 avoiding abrupt variations in its chemical Fed. 850. constituents, preparatory to further treatment in converting it into steel, is not in
Statement by Mr. Justice Brown: consistent with the specification of the patent that its primary object was to render the cuit court for the western district of Penn
This was a bill in equity filed in the cirproduct of steel works uniform in chemical composition.
sylvania by the Carnegie Steel Company B. A disclaimer of statements in the specifi- against the Cambria Iron Company, for an
cations of a patent may be entered in a suit injunction and the recovery of damages for for its Infringement, when such statements, the infringement of letters patent No. 404,If retained, might be construed as having the 414, issued June 4, 1889, to William R. effect of illegally broadening the claim, and Jones, of whom plaintiff was the assignee, there is no purpose of thus obtaining the ben- for a "method of mixing molten pig metal.”
efit of a reissue. 8. The idea of the permanent retention in a that the
In his specification the patentee declares reservoir of a large quantity of molten metal as a basis for unification of the product of
"Primary object of my invention is to blast furnaces received into it is sufficiently provide means for rendering the product of disclosed in the claim of the Jones patent, steel works uniform in chemical composi. No. 404,414, for a process of mixing molten tion. In practice it is found that metal pig Iron so as to secure greater uniformity in tapped from different blast furnaces is apt
blast, furnaces, was intended to include the ONS WRIT of Certiorari to the United
to vary considerably in chemical composi- ing in this way, not only is each charge for tion, particularly in silicon and sulphur, the refining furnace or converter homogeand such lack of uniformity is observable in neous in itself, but, as it represents an averdifferent portions of the same cast, and age of a variety of uniform constituent even in different portions of the same pig. parts, all the charges of the converter from
The consequence of this tendency time to time will be substantially uniform, of the silicon and sulphur to segregate or and the products of all will be homogeneform pockets in the crude metal is that the ous." product of the refining process in the con "To this end my invention may be pracverters or otherwise in like manner lacks tised with a variety of forms of apparatus, uniformity in these elements, and therefore for example, by merely receiving in a often causes great inconvenience and loss, charging ladle a number of small portions making it impossible to manufacture all the of metal taken from several ladles or receivarticles of a single order of homogeneous ing vessels containing crude metal obtained composition. Especially is this so in the at different times or from different furprocess of refining crude iron taken from naces, the mixing being* performed merely the smelting furnace and charged directly by the act of pouring into the charging lainto the converter without remelting in a dle, and other like means may be employed. cupola, and, although such direct process (The clause in italics was subsequently dis. possesses many economic advantages, it has claimed.) I prefer, however, to employ the on this account been little practised.” apparatus shown in the accompanying
“For the purpose of avoiding the practi- drawings, and have made it the subject of cal evils above stated, I use in the refining a separate patent application, serial No. process a charge composed, not merely of 289,673, and, without intending to limit the metal taken at one time from the smelting invention to the use of that specific apparafurnace, but of a number of parts taken tus, I shall describe it particularly, so that from different smelting furnaces, or from others skilled in the art may intelligently the same furnace at different casts, or at employ the same.”. different periods of the same cast, and sub "My invention not limited to its use in ject the metal before its final refining to a connection with converters, since similar process of mixing, whereby its particles are advantages may be obtained by casting the diffused or mingled thoroughly among each metal from the miwing vessel into pigs for other, and the entire charge is practically use in converters, puddling furnaces, or for homogeneous in composition, representing any other uses to which pig iron may be in each part the average of the unequally put in the art.”. (This paragraph subsediffused and segregated elements of silicon quently disclaimed.) and sulphur originally contained in each of (The apparatus is represented by the the several parts or charges. By proceed. I drawing here inserted.)
"Referring now to the drawings, 2 repre- drawings. The whole exterior of the vessel sents the reservoir before mentioned. It is lined with fire brick or other refractory consists of a covered hollow vessel having lining, which should be of* sufficient thick. an outer casing 3, of iron or steel, which is ness to retain the heat of the molten consuitably braced and strengthened by inte tents of the vessel and to prevent chilling rior beams and tie-rods, as shown in the 'thereof. The vessel is strongly braced and
supported by braces and tie-rods, and may in quality, mix together, and when the vesbe of any convenient size, holding, say, 100 sel has received a sufficient charge its contons of metal (more or less), and its shape tents constitute a homogeneous molten is preferably such as shown in the draw-mass, whose quality may not be precisely ings, being rectangular, or nearly so, in the same as that of any one of its constitucross section and an irregular trapezium in ent charges, but represents the average longitudinal section, one end being consid- quality of all the charges. If desired, the erably deeper than the other. At the top commingling of the contents may be aided of the deeper end, which I call the rear by agitation of the vessel on its trunnions, end, is a hopper 5, into which the molten so as to cause the stirring or shaking of its metal employed in charging the vessel is liquid contents. The mixing chamber being poured, and at the front end is a discharge deeper at its rear than at the front end, as spout 6, which is so located that the bottom before described, and its normal position, of the spout is some distance above the bot- when not discharging metal for the purpose tom of the vessel,-say 2 feet in a hundred- of casting, being with the bottom inclined ton tank, and more or less, according to the upward toward the front or discharging capacity of the vessel,--the purpose of end, and the bottom of the spout being situwhich is that when the metal is poured out ate above the bottom of the vessel, at its of the spout a considerable quantity may forward end, it is adapted to receive and always be left remaining and unpoured, and hold a large quantity of molten metal withthat" whenever the vessel is replenished out its surface rising high enough to enter there may already be contained in it a body the discharge spout." of molten metal with which the fresh addi. “The discharge spout 6 is furnished with tion may mix. I thus secure, as much as a movable cover operated by a weighted levpossible, uniformity in the character of the er 16, which, when closed, serves to exclude metal which is fed to and discharged from the outside air and prevent a draft of air the tank, and cause the fluctuations in qual. through the vessel and the consequent rapid ity of the successive tappings to be very cooling of the molten contents. "If care is gradual.”
exercised in keeping the cover closed, the “For convenient use of the apparatus I metal can be kept in a fluid condition for a have found it best to so arrange it that it long time, the heat being kept up by reis adapted to receive its charges of metals peated fresh charges of molten metal, and, from cars or bogies 7, which run on an ele, if necessary or found desirable, by burning vated track at about the level of the normal gas introduced by a pipe or pipes into its position of the hopper 5, and to discharge interior.” its contents into similar cars or bogies 15 *“After the vessel is properly charged, the on a track below the spout 6. In order to metal is drawn off into the cars 15 from facilitate the charging and discharging of time to time, as it is needed, by opening the the metal, the vessel is set on journals or door or cover 16 of the spout / and driving bearings 8, which have their bearings in the engine 12 so as to elevate the rear end suitable pedestals 9, and its rear end is pro- of the vessel and tilt it forward, and thus to vided with depending rack bars 10, which discharge any required amount of its conare pivotally connected with the bottom of tents in the manner before explained into the mixing vessel 2, and are in gear with the cars 15, which are transported to the pinions 11, the shaft of which is connected converters, or the metal is cast into pigs or by gearings 12 with the driving mechanism otherwise used. (Italics disclaimed.) The of a suitable engine. The pinions are held tilting of the vessel does not, however, drain in gear with the rack bars by idler wheels off all the contents thereof, a portion being or rollers 13. As the journals or bearings prevented from escaping by reason of the 8 are located on a transverse line somewhat elerated position of the spout 6, and as the in advance of the center of gravity of the vessel is replenished from time to time each vessel, it tends by its own weight to tilt new charge mixes with parts of previous backward into the position shown in Fig. 1, charges remaining in the vessel, by which but may be restored to a level position by means any sudden variations in the quality driving the pinions 11, and thus raising the of the metal supplied to the converter is rack bars 10 until the front part of the bot- avoided. Instead of discharging the metal tom of the vessel comes in contact with a into the cars 12 and carrying it in the cars rest or stop 14."
to the converters or casting house, the ves“The mode of operation of the apparatus sel 2 may be so situate relatively to the is as follows: When the vessel is in the other parts of a furnace plant as to deliver backwardly inclined position shown in Fig. its contents immediately to the converters 1, it is ready to receive a charge of metal or other place where it is to be utilized.” from the car 7. Before introducing the "I find it in practice very advantageous first charge, however, the mixing vessels to employ two or more mixing vessels conshould be heated by internal combustion of structed substantially as I have described, coke or gas, and when the walls of the ves- and to draw a portion of each converter sel are sufficiently hot to hold the molten charge from each of the mixing vessels. metal withont chilling it, it is charged re- My invention is, however, not limited to the peatedly from the cars ? with metal ob- employment of two or any specific number tained either from a number of furnaces or of such vessels." at different times from a single furnace. "I shall now describe, briefly, other parts The charges of metal introduced at differ- of the apparatus which are desirable and ent times into the vessel, though differing' important in its practical use."
"At the top of the vessel 2 are manholes of its grosser elements, intermediate in the 17 designed to permit of access to its inte amount of its carbon between wrought and rior for the purpose of repairing or fixing cast-iron, and tempered to a hardness which the lining. These holes are provided with enables it to take a cutting edge, a toughsuitable covers 18 to exclude cold drafts of ness sufficient to bear a heavy strain, an air from entering the interior. There is al. elasticity which adapts it for springs and 80 a hole 19 at the rear end of the vesse other articles requiring resiliency, as well as pear the top, through which a rabble may a susceptibility to polish, which makes it be inserted for the purpose of assisting or useful for ornamental and artistic purposes. accelerating the mixing of the molten met Pig iron, which was the original basis for al, and at the other end, at the level of the the manufacture of all iron and steel, is bottom of the interior, there are holes 20 made by the reduction of iron ore in large provided with suitable spouts to enable all blast furnaces, which are filled with layers the molten contents to be drawn off when it of ore, charcoal or coke, and flux. By the becomes necessary to do so., (See Fig. 3.) agency of this the iron is melted out and The holes 20 should be provided with suita- falls to the bottom of the furnaces, is ble stoppers."
drawn out through openings for that *"I claim
purpose into canals, and finally into "1. In the art of refining iron directly molds, where it solidifies into what are from the smelting furnace, the process of termed pigs. Prior to the invention of Sir equalizing the chemical composition of the Henry Bessemer, steel was manufactured crude metal by thoroughly commingling or from a pig-iron base by a tedious and ex. mixing, together the liquid-metal charge pensive process of refining in furnaces and subsequently refining the mixed and adapted to that purpose. The process was equalized charge, substantially as and for so costly that steel was little used except the purposes described.
for cutlery and comparatively small arti“2. In the art of mixing molten metal to cles, and was practically unknown in the secure uniformity of the same in its con- construction of bridges, rails, buildings, and stituent parts preparatory to further treat- other structures where large quantities of ment, the process of introducing into a mix- iron were required. ing receptacle successive portions of molten In 1856 Bessemer discovered a process of metal ununiform in their nonmetallic con- purifying iron without the use of fuel, by stituents (sulphur, silicon, etc.) removing blowing air through a molten mass of pig portions only of the composite molten con- iron placed in a refractory lined vessel called tents of the receptacle without entirely a converter, whereby, the silicon, carbon, draining or emptying the same, and succes- and other nonmetallic constituents were sively replenishing the receptacle with fresh consumed, and the iron thus fitted for im. ununiform additions, substantially as and mediate conversion into steel by recarboni. for the purposes described."
zation. The present process of recarbonizaThe answer set up the invalidity of the tion was a supplementary invention of patent by reason of an insufficient specifica Mushet, who accomplished it by the introtion, anticipation, want of novelty, and duction of ferro-manganese, or spiegel-eisen, abandonment; and also denied infringe- while the iron in a molten state was issument.
ing from the converter, in which it had been Upon a hearing upon the pleadings and purified, and was thus converted into steel. proofs, the circuit court held with the The process of running molten metal from plaintiff, and found that the process was blast furnaces into pigs and remelting them patentable; that it was not anticipated; in cupola furnaces for use in a converter that it was of great utility and importance; was termed the indirect process, and was and that defendant had infringed the sec- generally used prior to the Jones invention. ond claim. 89 Fed. 721.
* His process is thus described by Bessemer A decree having been entered for an in- in his patent of 1869: “The most imporjunction and an account of profits and dam- tant of these operations consist in melting ages, in accordance with this opinion, the the pig metal, transferring it in the molten case was carried to the court of appeals, state to the converting vessel, blowing air which ordered the decree of the circuit through it, and converting it into a malleacourt to be reversed, and the case remanded ble metal, mixing the metal so converted to that court with direction to dismiss the with a certain quantity of fluid manganebill. 37 C. C. A. 593, 96 Fed. 850. Where- sian pig iron, pouring the mixed metals in. upon plaintiff applied for and was granted to a casting ladle, and running it from this writ of certiorari.
thence through a suitable valve into ingots
or other molds, and the removal therefrom Messrs. Thomas W. Bakewell, Thom- of the ingots or other cast masses when soas B. Reed, Philander 0. Know, and Thom. lidified." This invention of Bessemer, sim. as B. Kerr for petitioner.
ple as it appears, may be said not only to Messrs. James I. Kay, Francis T. have revolutionized the manufacture of Chambers, and Philip T. Dodge for re- steel, and to have introduced it into large spondent.
constructions where it had never been seen
before, but to have created for it uses to * Mr. Justice Brown delivered the opinion which ordinary iron had been but illy of the court:
adapted. Steel is a product, or, perhaps, more ac While in the Bessemer specification of curately, a species of iron, refined of some '1856 it is said “the iron to be used for the