Page:Federal Reporter, 1st Series, Volume 7.djvu/742

 739 FEt>KBAL BEPOBTEK. �angle irons m defendants' frame are the equivalent of com- plainants' standards, I am of the opinion that in view of the limitations to be necessarily placed on the complainant's pat- ent beeause of the state of the art when Farnham made his invention, the absence of inclined end bars in the defend- ants' bed bottom, in connection with the olher differences between it and the complainant's frame just spoken of, relieves the defendants from the charge of infringement. In coming to this determination, I rely upon the proofs before me that the defendants have not constructed, and do not construct, their frames with inclined end rails ; and it will be understood by the parties that a different conclusion entirely might resuit, if I were not satisfied from the proofs that the slight inclination now apparent in the exhibit in evidence is not attributable to original construction, but to the causes before stated. �Decree for defendants. ���Thb Canada. �{Diitriet Court, D. Oregon. May 12, 1881.) �1. Construction of State Statute. �It doea not appear that the New York court of appeals Ixave decide<l (39 N. y. 19 ; 43 N. Y. 534; 69 N. Y. 554 ; or 71 N. Y. 413) that 80 mucb of the act of April24, 1862, as givesa material man a lien upon a ves- sel for supplies fumished in her home port ia void beeause in con- flict with the grant of admiralty jurisdiction to the United States ; and if it did, this court is not bouhd to follow it, beeause the question as to its validity arises under the constitution of the United States, and not the state, and is therefore a federal one. �2. Lien of Material Man and Mortoaobe. �When the local law gires a lien for supplies furnished to a vessel in her home port, and providea that such lien shall be preferied to that of a mortgagee, a court of admiralty will enforce it accordingly : and such lien will be so enforced by a court of admiralty when the local law is silent on the subject, upon the grounds : (1) That the lien of a maritime contract, whether it arises under the local law or the iiiaritime law, is practically a maritime lien, and entitled to rank ��� �