The Sun.
London, England, 1851-02-11 00:00:00

ROMAN CATHOLIC RELIEF.

Motion made, and Question put, " That leave be given to
bring in a Bill for the repeal of Enactments imposing certain
pains, penalties, and disabilities upon her Majesty's Roman
Catholic subjects." The House divided: --
-

MINORITY-AYES, 35.
Adair, Hugh E. Keogh, William Scholefield, W.
Bass, M. T. Kershaw, James Scully, Francis
Blake, M. J. King, P. J. Somers, J. P.
Biewitt, R. J. Lawless, Cecil Sullivan, Michael
Brotherton, J. M'Cullagh, W. T. Tenlson, H. K.
Butler. I'. S. Magan, W. IL Thornely, Thomas
Devereux, J. T. Meagh. r, Thomas Wakley, T.
Forster, Matthew Pechell. Sir G. Williams, John
Gibson, T. M Pilkiiigton, James Wood, W. P.
Goold, Wnydham Power, Dr.
Grace, 0. 1). Power, Nicholas TELLERS.
Greehe, John Reynolds, John Anstey, T C.
Heyworth, Lawrence Roche, E. B. Fagan, William

MAJORITY-NOES, 175.

PARLIAMENTARY BUSINESS.

(From the Votes and Proceedings of the House of Commons.)
NOTICES GIVEN AT THE PRIVATE BILL OFFICE.
The undernamed Bills are appointed to be read a second
time on Wednesday, Feb. 12:—
London and Blackwall Railway (Branch to Haydon-square,

. •
Whitechapel, &c.)
Birmingham Improvement.
London and Blackwall Railway (Extension of Time for the
Widening, &c.)
South Staffordshire Railway (Branches to join the Birming-
ham, Wolverhampton, and Stour Valley Railway, &c.)
South Wales Railway (No. 2).
Killarney Junction Railway.
Ulster Canal and Union Railway.
Dublin, Dundrum, and Rathfarnham Railway.
East Lancashire Railway.
Perth Petty and Market Customs Amendment.
Wicklow Harbour.
Liverpool Docks (Alteration of Management, &c.)
St. Helen's Improvement.

B,,cond reading for Thursday, Feb. 13:—
South Staffordshire Railway (Extension to Burton-upon-
Trent, &c.)

THE THURGOLAND MURDER•

This inquiry, extending over three days, was brought
to a close on Saturday evening. The only additional
facts were the finding of some bullets, which formed part
of a number which a man named Simpson had cast for
the prisoner in December last, and which he had received
as the reward for his trouble for so doing; these, on being
compared with the slug found in the head of the
deceased, were found to be similar in size and weight.
constable named White, of Barnsley, also stated the suh•
stance of a conversation which ensued between the.
prisoner and himself on Thursday last. Thoe,
Boner at that time made various inquiries
_gisinwe't
constable as to the nature of the evidencesuppossng
him, and whether the constable thought,eld be hung.
he was committed to York, be
d death without
He further inquired if the constable ever remembered
a case of persons having
adduced of persons having
sufficient evidence being
!lecher he had ever known
seen them do the deed;
of a similar charge
getting off with transportation;
oforne brother shooting another;
whether
any person charged
with wilful murder
and, further, if be eve
who were transported for
_
w
life usually sent O. These singular queries evidently
that the -
and, if so, where were person
show mind of the Frisian r when he put there
was balancing the possible tic quelice of the charge. A
the concluficin of the evidence the prisz ncr was brought
into the room and the whole of the evidence read
over in his presence. Ile appeared to pay great a!
tendon to the evidence of eireh witness, and at its
termination remarked that, rasny of the statements therein
o,intained were wrong. He entered into a variety of
explanations of a miner chlracter respecting the poe-
session of the gun and its being stolen out of the
engine-house on the night of the murder; but he stu-
diously avoided any mention of his own movements
after leavieg work at six o'clock up to his return home
early on the f Mowing Liaoning. Neither did he give
any explanation of his singular dialogue with the con-
stable. The coroner having summed up, the jury were
locked up to consider their verdict, Bud after cielibe-
ratirg for three-quarters of an -hour made the following
return:—" We find a verdict of wilful 'murder. against
some person or persons unknown. Vre, twiner, con-

eider that there is much in the evidenee to throw suspi-
cion on the prisoner John Firth, but not sufficient to
warrant us in returning a verdict of wilful :tinder against
him." As soon as i:ie verdict of acquittal had b::,en re-
turned the prisoner Ras Lpptehendeo, Defore leaving the
room, by Mr. Green, the superintendent constable at
Barnsley, at the innarce of the magistrates.

INSTITUTION OF CIVIL ENGINEERS.
(William Cubits, Esq., President in the chair.)
Oa Tuesday last the paper read was " An Inquiry into
the nature of Patent Law protection, with a view to the
better appreciation and security of the Rights of In.
ventors," by Mr. A. V. Newton.
The object being rather to elicit facts, with a view to
forming a basis for some legislative amelioration of the
patent laws, than to detail the anomalies and incon-
veniences ot the present system; the paper only touched
on such points of the actual practice of granting patents,
as were coectived to be bed in principle, and omitted,
almost entirely, the cumbrous and anC.queted machinery
still employed in effectirg the grants.
The policy ef granting any patents at all was diecussed,
with the view of ascertatliteg whether, under certain
circumstances. such prop ction to inventors had not
proved detrimental to the interests of the manufacturers;
and in considering ibis point, it was necessary to examine
the relation of inventions to other creations of the mind;
—as literary and artistic productions, whose right to
protection bad been universally admitted. If then, is
was argued, a literary composition, a picture, a statue, a
decoration, or an inveatiou, be equally the production of
the exertion of human intellect, all must be e qually en-
titled to protection. The Copyright Act had secured to
the literary mar., the artist, and the designer, the benefits
resulting from their mental labours, and the patent law
should be rendered so simple as to afford similar protec-
tion to the bond- fide inventor.
The period at which the protection of a patent should
commence was next considered. The Copyright Act
availed the author, or the artist, from the time his work
assumed a tangible shape; but protection for an inven-
tion only commenced with the date of the patent. Now,
no two precisely similar literary, or artistic works had
ever been produced; but numerous instances might be
adduced of improvements in the useful arts having been
repeatedly and simultaneously re-invented. This was
natural, as the peculiar wants of the period induced the
exertion of similar talents in the same direction. The
merit of the inventor, then, appeared to be the fore-
stalling of time, and therefore it was only just to the
public, that a limit should be assigned to the existence
of the inventor's interest in his discoveries.
As regarded the person to wham protection should be
granted, supposing that several applications were simul-
tuneously made for a patent, for an identical invention,_ it
was held. that the first applicant for a patent, in the
absence of all fraud, or collusion, should have the grant
made to him; but that no claim should be entertained
without the setting forth of the real inventor's name in
the title.
The Act of James the First, as to the definition of
what was a patentable invention, was examined, and was
shown to be satisfactory, and that its vagueness con-
stituted its great merit.
As regarded the cost of patents, evidence was quoted
to show that the present cost could only be advocated, on
the presumption of its being a sort of check to the pa-
tenting of useless inventions, and this it was shown not
to have effected, but that it had rather acted as a bar to
the introduction of useful improvements. This was
proved by statistical facts showing the number of inven-
tions patented in foreign countries, from which Great
Britain derived no benefit.
The disadvantages arising from the necessity of ob-
taining distinct patents, for the three kingdoms, were
strongly insisted on, and the impossibility of satisfactorily
establishing an international patent-right was clearly
proved.
With respect to the duration of patent grants, it was
shown, that if the term of the grant was sufficient to
induce inventors to bring forward their discoveries, the
desired object of granting patents was obtained; and the
burden of most of the insufficiencies of the actual term,
of fourteen years, devolved on those who advocated a
further extension.
From this inquiry it was concluded—
That the rights of inventors to the fruits of their
labours were based on the same grounds as those of
artists and literary men.
That the proper period for their recognition was when
a patent was applied for.
That an inventor had no moral right to more than a
limited interest in his discovery.
That priority of invention should net of necessity
confer a legal right to a patent; but that it was to the
inventor who first claimed a patent (supposing there to
be more than one), that the privilege should be granted.
That the definition in the Act of James 1., of what
was a patentable invention, was amply sufficient, and
therefore required no amendment.
That the present tax on patents bad proved a serious
check to the development of inveetion, without con-
ferring any corresponding advantage.
That the recigeition of the rights of inventors in
Great Britain, by the grant of three distinct patents,
tended to narrow the applicalon ot their ingenuity to
one division of the United Kingdom.
That inventions :bould be protected by one grant in
the United King& m; and that any attempt at inter-
national aria gstuent would be impra-iii able.
That the existing term of patents required no ex-
tension.
And that patents should not be nnewable at the
option of the patent, e.
Tbe discus.ion was commenced, and being adjourned
until the next meeting, will be then rep..rted.
A model of a sell-atting siding stop for railways, de-
signed by Mr. Charles Hutton Gregory, M. Inst. C. E.,
was exhibited and explained. •
'[he stop consisted of a block of wood shod with iron,
and either turning or iallieg across the rail. A counter.
weight retained it when down in the iron chairs on each
side of the rail, and bring conni erect with the switch by
a wire-rope and two bell cranks, both must be tuoved
simultaneously. When the switch was set for the main
line, the counter weight kept the stop on the rail, and
closed the siding. but when the switch was set for the
siding, the weight wv.s drawn up, and the block turned
over, so as to leave the rail cli ar, thus leaving the aiding
uninterrupted. It was explained that by the same ar-
rangement a hleck might be wade to 'neve sideways, or
to slide transversely across the rail The use rf his stop
involved no exile tabour, as it was worked simtiltm-
neously with the switch; it was vety chi ap and simple
in its cousiructien, nut costing more than 3/., and was
not liable to dtratieement. It had b; en made for the
Bristol and Exeter Railway, by Mr. Helmet', of Bridge.
water, sod was found to act well to practice.
It, was announced from the cha r that the di:cussion on
Mr. Newton's piper would be resumed at the next
meeting.
At the monthly ballot the' fAlowieg candidates were
duly elected: Messrs. W. Hartree, J. 1) Rigby, and T.
Waterman, as associate:.

LORD EBRINGTON AND THE
POOR-LAW BOARD.
(From the Plymouth Journal.)
We have had the honour of receiving from Vis-
count Ebrington the following important communi-
cation, which his Lordship, on resigning the office of
Parliamentary Secretary of the Poor-law Board, ad-
dressed to Lord John Russell :
" Grosvenor-square, Jan. 26.
"My Dear Lord,—After the communication you
recently made to me respecting the decision of the
Government with regard to the reduction of the
salary of the Parliamentary Secretary of the Poor-
law Board, recommend by the Official Salaries Com-
mittee of last session, you will not be surprised at
my resigning that orate into your hands ; but I am
anxious that my motives for so doing should not be
misunderstood, I hope you will excuse my trespassing
shortly upon your valuable time by stating them.
" I have not taken this step because of any differ-
ence of opinion with the Government; on the con-
trary I have supported, not from a sense of official
duty merely, but from hearty and sincere conviction,
every really important measure, and most of the un-
important ones also, that you have introduced since
you came into office. I can say, without flattery,
that I an proud to acknowledge as my political
leader one who has been so long the distinguished
champion of civil, religious, and commercial liberty—
the man who in opposition carried the repeal of the
Test Act and assisted in passing Catholic Emancipa-
tion—who in office introduced the Reform Bill, and
was a leading member of the Government which
passed the Poor-law Amendment and Tithe Commu-
tation Acts, and gave municipal reform to the corpo-
rations of Great Britain and Ireland. lam proud to
have held even a subordinate place under the Minister
who not only repealed the navigation-laws and com-
menced the work of legislation for the sanitary im-
provement of the people and for the establishment of
a new social system in Ireland, but has also preserved
the public tranquillity in this country, while all
Europe was in a state of unexampled convulsion.
" Nor is it from any indisposition to give my time
and trouble to the public service that I retire. Not
to mention my salaried place at the Poor -law Board,
and to speak only of gratuitous offices, I may state
that in my own county I am at this time one of the
chairmen of quarter sessions, and have acted for years
as a magistrate and visiting justice of the gaol and
lunatic asylum, and that I sat as vice-chairman of a
board of guardians till I accepted an office at the
Poor-law Board incompatible with that honourable
post. To say nothing of Parliamentary Committees,
I have served on three successive Commissions of
Sewers in the metropolis, tend am now habitually
placed in the chair of the present one. I think,
therefore, I need say no more to prove that up to this
time, at any rate, I have shown no indisposition to
render to the public what humble services were in my
power without looking for fee or reward.
" But as I consider the recommendations of the
Committee impolitic with respect to the office I hold,
as well as unfair towards myself, I feel that I cannot
do otherwise than retire, now that it has been adopted
by you and your Government.
" I am not going to enter at all upon the policy of
originally granting the Committee, or of placing:upon
it but one member (yourself) who belonged to the
present or late Administrations, and one other only
who had ever been in office at all. I will only say
that it does not appear, from the published proceed-
ings of the Committee, that much consideration was
given to the salaries connected with the Poor-law
department, whatever there may have been to any
others ; for the examination with regard to there was
very short, and the resolution concerning them was
one of a long series, dealing with a very great num-
ber of offices, which, being all passed in the course of
the same morning, must necessarily have been dis-
patched with little, if any, discussion. Moreover,
from these examinations, as from most others, and
from the passing of these resolutions as of many
others, you, the only official member of the Com-
mittee, were kept away by your more important
public duties. lam able, however, I think, to gather
from the blue book that some of the members of the
Committee believed most of ray time to have been
devoted to the unsalaried duties of the Commission of
Sewers, and those of the Poor-law Board to have
been to some extent neglected by me.
" It is certainly true that much of my time in the
morning was frequently taken up by attendance at
courts and committees of sewers. In 1849 I attended,
I think, 69 of them, which frequently lasted from 10
in the morning till two or three in the afternoon ; but
this was in addition to, not in substitution of, the
the business of the Poor-law Board. It only often
obliged me to continue at work till very late at night,
at the House of Commons, disposing of poor-law
papers, which my regular office hours, so infringed
upon, had not allowed time for completing ; and I
can confidently appeal to every one conversant with
the working of the Poor-law department, whether I
had not taken, from the commencement, my full share
of the work and responsibilities of the office, not
merely as regards the routine business, but alio
as regards the introduction of amendments into
the law itself, and more espo-cially into the internal
system of its administration of the board and its
oftl .(

" This, h,)wever, was not effected without consider-
able exertion, nor, indeed, in 1849, without some in-

jury to my health. But of this I never complained,
and, indeed, at Lord Carlisle's urgent request, con-
sented reluctantly, end perhaps not very wisely, to
serve again on the Commission of Sewers; and this
year I di ,1 so, partly for the sake of your Government,
whose credit I thought much involved in the success-
ful working of the Commission, and still more for the
sake of the sanitary cause, which I have long had
deeply at heart. But I must protest against this vo-
luntary errs labour of mine being turned against
me, as it was by the Committee; and against the
smooth working of the poor-law being assumed as a
reason for undervaluing the importance of my office
or depreciating the services of him who filled it.
" You will remember that when Parliament placed
the Poor-law department upon its present footing,
you offered me the secretaryship as a `laborious and
responsible' office. Of the important influence for
goad or for evil upon the mass of the community,
which must be exercised by.any system of legal relief
accordiug to the manner in which it is administered,
and of the delicate and responsible nature of the trust
confided to those who have to superintend that ad-
ministration, I became daily more and more sensible ;
and that the Poor-law office, during my connexion
with it under two successive presidents, has not been,
as it was up to that time, either unpopular in the
country, or a source of annoyance to the Government
in Parliament, is certainly a matter of some surprise
to m---especially as our administration has been de-
cidedly more consonant with sound principles than
waa that of our immediate predecessors. But though,
of course the credit of this unexpectedly successful
working, on the part of the Poor-law Board, accrues
mainly to the two presidents, I think that in fairness
some share of it ought to be attributed to my col-
league (Mr. Nicholls) and myself, who not only have
throughout conducted the business of the department

under them, but who for some months after

Buller's lamented death were left exclusively in charge
of it.

" I do not profess to be altogether indifferent to
6001. a year more or less, yet I can :truly assure you
that, if that were the only question, you would never
have received this letter ; but it is to be remembered
that in public estimation, especially in the case of a
new office, the amount of salary represents not merely
emolument, but authority, position, and influence.
"Now, my late lamented chief, Mr. Buller, told
me, when we first came together into the Poor-law
Board, that he had undertaken the office on the ex-
press understanding that it was to be placed on the
towing of a regular political department of the Go-
vernment, and he often expressed to me his determi-
nation that neither the board nor any of its officers
should be placed in a position of inferiority in com-
parison with other Government offices of that descrip-
tion. I leave you to judge how far that understanding
has been fulfilled.

•
But further, within the poor-Jaw department my
present positim is one
of
complete equality with my
value .
ing
...,vdehfratveend and colleague, Mr. Nicholls. On that foot-
together. aworked most harmoniously and comfortably
received from one of the original commissioners be
after he had thesery Government 2,0001. a year. This,
established the served
thirteen years, and had successfully
Government reduced Pr-law system in Ireland, your
sum at which both his to 1,500/. ; and that was the
of the Poor-law Boardsalary and mine, as secretaries.
since by this present Iro wearoeffixed about three years
"For an assistant Commons.
secretary,
reputation as a legal authority Mr' Lumley, whose
is established, but whose seriiet poor-law questions
appeeciated by those who have bean onlY be fully
him—poor Mr. Buller most properly in office with
the Treasury an annual increase of ysaiobtained from
to 1,0001., with a gradual immediate rise up from 700/.
Most of the poor-law inspectors, that is,lpii whoto 1,200/.
served under the name of assistant had
commissioners,
many of them having rendered long, and all useful
service to the public, receive, in pay and allowances
(exclusive of ' their travelling expenses), rather mor
than 1,0001. a year. How is it to be expected, then,
I should acquiesce in the propriety of the recom.
niendation of the Committe, with regard to the salary
of
the asabitant secretary's and inspectors' s •
uperior
cffi,;er—th secretary It e sec. of the Poor-law Board ?
only remains for me now, with many apologies
far this long intrusion upon your valuable time, to
renew my protest against the unfsirness of making
the amount of Unpaid have labour I performed f the 1
or e
public, at the desire of the Government and at consi-
derable sacrifice to myself,
a reason for reducing the
salary of my paid Office
. ,
=policy of to repeat my decided
opinion of the 1
those of other public fixing that salary below
servant
departments of the aasillaila/ "211 i i 2
r'tl29r
ries of the Bard of .Government (such as the aecreta-
aro! and of Trade,*c.), belvw .