Page:Federal Reporter, 1st Series, Volume 3.djvu/517

510 FEDERAL REPORTER. �The petitioner in this case presented, by its solicitors, to the circuit judge, at Boston, the folio wing petition : �To the Hon. John Lowell, Circuit Judge of taid Court, at �Boston : �"Kespectfully representa unto your honor the said Good- year Dental Vulcanite Company, that on the seventeenth day of July, 1880, your petitioner filed its bills of complaint in eaid court against the said defendants, charging them with infringement of certain letters patent of the United States, owned by your petitioner, and supported by due affidavits showing such infringement, and afterwards applied to the Hon. Daniel Clark, district judge of said district, then hold- ing said circuit court, for a summons to show cause why in- terlocutory injunctions restraining such infringements should not issue; that your petitioner is informed by the clerk of said court that the said judge entertains doubts of his author- ity under the law to issue said summonses or grant said in- junctions, unless application therefor is first made to your honor. �"Wherefore, your petitioner prays that your honor will forthwith proceed to said district of New Hampshire, and then and there, as the circuit court of the United States for said district, hear and act upon your petitioner's said appli- cations, or that your honor will now so hear and act upon said applications, as to your honor may seem meet "By its solicitors, �"Bbowne, Holmes & Beownb." �Lowell, C. J. I have been applied to at Boston for an order preceding an injunction in these cases, which are pend- ing in New Hampshire, though the circuit court will be sit- ting there in a few days, on the ground that the district judge ©f New Hampshire cannot issue the writ, sitting as the cir- cuit court, when a circuit judge can be found. This point of law I do not agree to. Section 719 of the Eevised Statutes contains certain qualifications of the powers of district judges, which had become of little use long before the statutes were revised, and were supposed by many persons to have been ����