by John Marshall Harlan

“ If the plaintiff cannot sue the United States to recover compensation for the use of his invention, actually appropriated by the government for public use, then the only adequate remedy for him would be an injunction against the individual officers, who are proceeding without his license, and without any provision having been made for his being compensated. ”

“ All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.' If the United States may appropriate to public use the invention of a patentee, without his consent, and without liability to suit, as upon implied contract, for the value of the use of such invention; if, as the court holds, a public officer, action only in the interest of the public, is not individually liable for gains, profits, and advantages that may accrue to the United States from such use ”

“ That obligation arises from the constitution which declares that private property shall not be taken for public use without just compensation. Upon this point, the court in U.S. v. Great Falls Manuf'g Co., 112 U.S. 645, 657, 5 Sup. ”