by John Marshall Harlan

“ The manufactue of others, to the number of five hundred in all, is to be proceeded with as rapidly as possible, and thereafter not more than twenty sets are to be in process of construction at one time, unless a greater number is directed by the Commissioner of Internal Revenue. ”

“ According to any fair construction of its terms, in the light of attendant circumstances, the government was bound, as under the agreement of April 18, 1867, to pay for such sets, not exceeding twenty, as Tice might have on hand at the time their use should be discontinued. ”

“ By an act approved July 20, 1868 (id. 125) , power to 'adopt and prescribe' meters was conferred upon the Commissioner of Internal Revenue. That officer, Sept. 16, 1868, decided to adopt and prescribe the Tice meter, and upon certain conditions, to which the inventor assented, the directed the latter 'to proceed with their construction.' Among the conditions were these:-- 'Third, The one hundred and seventeen meters now finished will be immediately made ready for delivery, and thrity-six now in process of manufacture will be completed as soon as possible. ”