Melville Fuller

“ And the contention is that the words, 'cases arising under the patent laws,' must be held to operate as such restriction, and to render the judgments and decrees of the circuit courts of appeals final, notwithstanding the existence of another distinct ground of jurisdiction in the circuit court, and that there would consequently be a right of appeal from a decree of a circuit court of appeals dismissing a bill by the United States to cancel a patent for land, but none where the bill is one to repeal an invention patent. ”

“ In instituting this suit the government appeared on behalf of the public, and, as it were, in the exercise of the beneficent function of superintending authority over the public interests, and the rule of construction in such cases is properly regarded as affected by considerations of public policy. It is upon the principle of public policy that the United States have been held not bound by statutes of limitation unless congress has clearly manifested that they should be so bound. ”

“ Ct. 90, we said: 'In the present case the United States are plaintiffs, and the bill asserts that the suit is one of a civil nature, and of equitable cognizance; and manifestly, if it presents a good cause of action, it arises under the laws and constitution of the United States. ”