The Federal Reporter. Volume 55 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. May-July, 1893. Page: 62
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FEDERAL REPORTER, VOl. 55.
be, corroborative of this statement of defendant, is the fact that he
said nothing to his fellow countryman and old friend Charles Eman-
uel, when he met him in June, 1891, shortly after his return to New
Orleans, about China, or that he had been to China. It seems to me
it would have been most natural for him to have spoken to his
friend about their country if he had in fact just returned from it.
Due process of law requires that the government should show that
the defendant is unlawfully in the United States, and not that he
should show a right to be here; but, whatever the truth may be, I
cannot, from the evidence before me, say that he is in the United
States unlawfully. It is my judgment, therefore, that the decision of
the commissioner must be reversed, and that the defendant be re-
leased and discharged; and it is so ordered.
LOEWER et al. v. C. P. FORD & CO.
(Circuit Court, N. D. New York. April 8, 1893.)
No. 6,033.
,PATENTS FOR INVENTIONS-NOVELTY-SOLE-CUTTING MACHINES.
Letters patent No. 407,735, granted July 23, 1889, to Henry Loewer and
Barton L. Blair, were for an improved sole-cutting machine, consisting of
a stationary frame carrying a rapidly revolving shaft on which are a cutter
and a guide wheel, together with a swinging frame, moving to and from
the stationary one, carrying a shaft on which are mounted clamps opposite
the cutter, for holding the leather blanks, and others opposite the guide
wheel, for holding the pattern. In operation, when pattern and blanks
are clamped in position, the latter frame is moved forward and its shaft
slowly revolved, so that the edges of the blanks come in contact with the
cutter, and are pared down to the precise size and shape of the pattern,
the edge of which strikes against the guide wheel, and thus limits the
depth of the cut. Held, that while the principle is old, having been em-
bodied in a lathe invented by Thomas Blanchard over 70 years ago, the
application of it to this purpose, and the construction of the mechanism
necessary therefor, involved invention, and the patent is valid.
In Equity. Suit by Henry Loewer and George Schelter against C.
P. Ford & Co. for the infringement of a patent. Decree for com-
plainants.
George B. Selden, for complainants.
E. E. Wood, for defendant.
COXE, District Judge. This is an infringement suit founded upon
letters patent No. 407,735, granted, July 23, 1889, to Henry Loewer
and Barton L. Blair, for an improved sole-cutting machine. The
patent is now owned by the complainants. The object of the in-
ventors was to construct a machine which should cut from leather
blanks one sole, or several soles, to the exact size and shape de-
sired. This is accomplished by means of a stationary frame pro-
vided with a rapidly revolving shaft which carries a cutter and a
guide wheel. A second swinging frame, which moves to and from
the stationary frame, is provided with clamps, opposite the cutter,
for holding the leather blanks, and other clamps opposite the guide
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The Federal Reporter. Volume 55 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. May-July, 1893., legislative document, 1893; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36382/m1/77/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.