The Sun.
London, England, 1841-03-04 00:00:00

tlernan, Mr. Lee, a Magistrate of Manchester, who
produced annually 700,000 pieces, measuring up-
taMe Os_ of,. 11,000_ _ Asks, .stated, . that - he did - pot
ittii-wliati. :ii -sseipy,eeilta ..; that thee, trade did pot
know it, and waited to bo informed on that point:
Another gentleman, Mr. Kershaw, whose productions
amounted to one million of pieces a year, and who is
a gentleman of high respectability, and a
Magistrate of Manchester, expressed an opinion
precisely in accordance with the gentlemen whom he
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profits,
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(Mr. Williams) quoted. Mr. Ross, a practical de-
signer, and one of the best description of calico-printers,
expressed a similar opinion, and he further stated that
there was very little real originality existing in patterns.
Now, although there was a law that gave three months'
protect.)on to those patterns, yet the producers of
designs had never availed themselves of that protec•
tier, and they had stated in their evidence that they
believed the majority of those persons engaged
in the calico printing trade had never protected
t their patterns. That was the opinion of those Gen-
tlemen, and the increased protection could have no other
object in view, but an increase of profit and the sale of
their productions to the public at a higher price than
they could now obtain for them. It was a most remark-
able circumstance that the gentlemen who were opposed
to this measure—two of them:at least—stated that they
Dever copied any man's pattern in their lives,
and another stated that he utter copied any pat-
tern before the term of the copyright had
expired, and even then, not one in a hundred.
Several or these gentlemen who were in favour of the
Extension of the Copyright were copyists of French
patterns. What did these gentlemen say as to the
ext., nt of copying which now existed ? The Right Hon.
Baronet the Member for Tamworth presented a
petition from the Chamber of Commerce • in
Glasgow, before a Committee of which several of the
largest calico-printers of that. city were examined,
on this subject. One of those gentlemen, a person of
great respectability, Mr. Galbreaitb, who produced
200,000 pieces annuaily, in answer to a question, said,
that he had never known of any patterns being copied
—he had seen none, but he had heard of one or two.
Now that was strong evidence that Scotland, at any
rate, was almost enircly exempt from that system of
copying to which it was the object of the Bdl to put a
stop.. Another gentleman, who was one of the princi-
pal witnesses in favour of the measure, Mr. Lnekett,
seated that there was in general no advantage in copy-
ing prints. He said that he engraved fifty patterns a week,
and that he could only mention one instance of those
patterns having been copied. 'Tat gentleman had
also made the following remarkable statement in his
evidence ; he said that novelty was the grand attrac-
tion, that it would at all times command a preference
of sales, though not always of price. While the
House had such evidence as that before them to dis-
prove the existence of any. exteusive system of copying'
such as could be injurious to the trade—coming, tao,
from parties who were favourable to an extended copy-
right,_ he hoped they would pause before they sanctioned
the Bill. It was the opinion of those gentlemen who
were unfavourable to the passing of the measure, that
it it were to be enforced there would be no end to liti.
gation. Mr. Roe, an eminent Chancery barrister, was
one of the parties examined. He stated that in one case
in which proceedings in Chancery bad been instituted,
to obtain redress for the copying of a pattern, Lord
Chancellor Lyndhurst said, when the patterns were
shown to him, that he could not say which was the
copy and which was the original; and that he should
dismiss the case for the consideration of a Jury.
Mr. Roe also stated that, in a Chancery case, it
would be two years before an answer could be put in.
When the cause had been set down to be heard it
might be a year and a half before it would come on for
hearing. Tee same. witness, in answer to another
question, said that parties were prevented from appeal-
ing to the law on account of' the delay and expeas.e,
which he considered most unjust and disgrace-
4ful to the law and disgraceful to the Legisla-
ture.—(Hear, hear.) The Hon Member then read
an;extract from the evidence of a solicitor of Manchester
who was engaged` in a cause of this kind in the Court
of Chancery. That gentleman said that his clients
were worn out, and gave op their defence, although
they had sufficient evidence to prove that the pattern
against which an injunction had been obtained, was alto-
gether an original invention. The pattern was not worth
205., and the suit cost the parties upwards of 9001. each.
He trusted that the House would take care not to in-
crease the litigation which was described in
those documents. A gentleman, manager for the
printing concern of Henry and Company, in
Dublin, had complained of their patterns being very ex-
tensively copied. Messrs. Henry and Company had
been in business for twenty years, and it was ad-
mitted that during the past ten years they bad
copied the patterns of other manufacturers. Although
that gentleman stated that he got his engravings done
for five pounds, whilst the original proprietor of the
copying altogether, although he could not be said to
patterns paid ten pounds, yet he had abandoned
have done wrong, as the Act did not extend to Ire-
land.. He stated that when they copied the
patterns they sold them at 40s. a piece, one
half the price obtained by the original producer, and
yet they got at least 20:. profit. He (Mr. Wiliams)
thought this gentleman at least bad very good
reason to be satisfied with the present
law. Those Gentlemen who were seeking this ex-
tension were only actuated by cupidity, and by a
desire to get larger profits.— (Hear.) A great
number of pamphlets had appeared on this subject.
The very individuals who had denounced the present
system as piracy and robbery, acknowledge that they
themselves had been in the habit of copying
French patterns. —( Hear, hear, hear.) Was
it not as much piracy and robbery to copy a French-
man's pattern as it was of one of their own countrymen.
One of the gentlemen who had given evidence
favour of the extension, Mr. Potter, stated that he
had frequently copied French patterns, and afterwards
claimed them as his own property, and threatened to
prosecute any one who should infringe them, . and this
practice was very . commonly adopted. But what
he (Mr. W.) considered the most serious and import-
ant consequence of this Bill was the effect which it
would have upon the foreign trade of this country.
Some gent'emen had stated that it would be a great
advantage to foreigners to have the Bill passed. Mr.
Lucas, one of the largest manufacturers in this
country, had stated that if the copyright were
to be extended, he would not venture to execute or-
ders ; that he would give up the trade rather_
itchean
.ibi
under the ban of a law that would plierahlaw
transactions in jeopardy and danger.. M
ht would only
said that the extension of the copyld materially in-
create high prices and large
hat
opini
six other witnesses bad
.dccor,7
He felt that he ought
jure(Cries of " Divide, i d fiven
note
the foreign traddriev,oluosfe.
to apologise to the
subject, but it was a question of
upon such a dry .
national point of view
importance in a
more were aware of. It had
Gentlemen
than most
evidence before the Committee by
been stated upon for troubling it so long
gentlemen competent .
different parts of the conti-
nentd the United Stet( a of America, was of a
of Europe, an
dinary and powerful description. In many
most extraor
fnourflegtnureh3oultrie 3 of Europe that were
articles France, Belgium, Germany, Russia, and the
United States, were now capable of competing with
many to i judgens
01e gentleman who thoroughly understood the
nature of the trade, and had been in communication
producers of this article durit g the last 18 years,
had stated that so great was the progress now making
in those different. countries that he looked forward with
the great at apprehensdon Co the refu!t of the competition
they would be able to v age is the course of a short
winiatlkiingall inthnela
time against this country.
England, and in
He (Mr. W.) hoped the