The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-16

the use oil II without purchasing new rght oil the pa
teniee.
Now, sir, clearly right that after the invention has
become common by the expiration OF the patent an IN
lVdual who has been induced 10 expend money IN erect
ms one oil those machiDesnot only that The individual
VINO has thus expended his money shall be protected m
the enjoyment OF his property thus lawfully acquired
whe he Il desrous OF enjoying IL IN person, but thai
ne should nave right 10 transfer that article OF proper
", OF whlch he is thus lawfully possessed to any other
person who may choose 10 purchase and that that per-
son who thus becomes the purchaser OF his right may
continue IN the use OF II IN the manner he who
originally butt The machine might have continued IN
the use of 1t, if he had not desired TO sell IT, Why
should we deprive those who have lawfully erected
the machine, or the patented Improvement, after the
expiration OF the patent OF the right the entire right
to the property OF which they thus lawfully pos
sessed! And do not deprive them of their property
In part, II prevent them from disposiny of it, and
communicating all The rights connected with that specific
thing which they themselves had erected This princi
pie was debated by the Senate few weeks since and
hope the principle will be applied to the present
Mr.. PHELPS. very much indebted to the
gentleman from Connecticut and | think we have
been edited by his speech. | yielded the floor to
the honorable gentleman TO enable him TO answer the
question of the from Massachusetts, Sir, the
mark that was making when | interrupted
this that The amendment OF the senator from Connect
cut MIR. BALDWIN, would endanger the whole bill
And think, SIR great deal OF confusion has been
thrown upon this subject, not only in this debate, but
heretofore. by failure to distinguish between the
sgnees OF the inventor and -[his was not heard by
the reporerl Now, sir, the assignment of the thing
assignee, therefore, under the original grant, pos
sesses the right OF using the patent as involved IN the
exclusive title Well sir renew this patent, and
provide that every person who possesses and enjoys the
right shall retain that right, and that his assgnees shall
retain the right Why, the effect of the bill 10 give
the benefit of this the assgnees and not 10 the in
ventor. Now, sir, this is not only Inconsistent with
the object of the extension of the time, but places the
principle upon totally different footing from that upon
which the Supreme Court basis -upon their conside-
ration of the act of 1886 Sir the decision under the act
of 1886 places this upon the only practicable footing
upon which ii can stand If we depart from that footing,
it will be impracticabe in many cases Ii will be gor-
dian knot, which cannot be united. The question was
taken up, Should the assignment of the exclusive privi-
ege terminate with the period OF the original patent
and they held that right OF the assignee could endure
longer than the original term of the patent There might
be individuals in the OF the thing patented and they
decided that the right simply TO should moi be inter-
upied nterfered with of the extension of
the time.
This question has been pressed upon me over and
over and over again., by The Commissioners OF Pensions
takes out patent for plough He goes to of
your constituents and sells him OF them. The
next day the patent expires, and is renewed Now, shall
this man be required TO ePuchase the right to use that
pIough' The decision OF the Supreme Court justly
doubt extends the rights OF the inventor saving only
the rights of assgnees but the rights OF those who may
have purchased the right to prior to the extension
have regarded all these saving clauses unneces-
sary and although concur readily in the decision OF
the Supreme Court, yet must be permitted to say-wth
all due respect to that bunal-that think the case
1.-The conclusion OF this sentence was inaudblel Sir
when first consulted upon this subject professionally,
put the subject of the right to use upon the footing of
contract my reply to- the Commissioner of Pensions
My opinion is, that the patenee who sells this plough
sells with the right 10 use for indefinite period
The result o: it Isl that the farmer who buys the plough
buys the right to use it as long lasts Ii there
is extension OF the patent, that extension does not
authorize the paentee to demand repurchast I'M
less there an express that effect In that
view Of the case, the difficulty that find with the propo
sion of the senator from Connecticut Isl that il goes
further than 10 protect those who should have the right
to and extends the right to assgnees, to the preu
dice OF the original paentee
Mr. BALDWIN modified his amendment
Mr.. BADGER moved that the bill be laid upon the
tables which agreed TO a division-ayes 20,
noes TO-
JOHN A. BRYAN.-AGAIN.
MI. ATCHlSON moved that the Senate take up the
bill for the relief OF John A. Bryan aid the table
this moning,) with view OF posponng its further
sideration until Thursday next; which agreed
J. CILLIs.
The Senate, committee of the whole, proceeded to
the consideration OF the JOINT resolution from the House
of Representatives for the relief OF NJ ellis and OH
Mr. NILES moved to lay the joint resolution on the
table; which was nesatived on dvison-ayes H. noes
25.
Mr. UNDERWOOD inquired why the gentlemen from
Connecticut had moved to lay the bill upon the table
Being called to vote upon it, he should be glad to
hear what the gentleman's for wishing the
bill not to pass
Mr. NILES stated his first reason to be- that he did
not know the amount of extra compensation which
would result from the passage of this BILL and he OPP
posed OF all laws, the erect OF winch
unknown. Another reason was, that it seemed to be
lending the policy, which had gone step by step, of
allowing large of money by way of extra allowance
to persons connected with the exploring expedition. TO
say nothing about the propriety OF that policy, this
not part OF that expedition, although had
nexion with it. lie supposed this officer had performed
the duties voluntarily II the duties were not appropriate
to his office he could not have been ordered to perform
them. He probably performed them for the sake of the
honor for the pleasure Of it, and probably expected
more than ordinary pay Ten years afterwards, because
Congress had been liberal to others, he had in and
asked to be put upon the same liberal footing For these
reasons he was not disposed to give him anything.
Mr. MILLER stated that the extra allowance was but
~ day The duties he had performed bad been at the
request of the Auditor of the Navy Department was
desirable for the purposes of the exploring expedition
that observation should be made at the time at Bos
ton and at Washington He had devoted not only his
days. but his nights frequently for the purpose of making
these observations They were undertaken in connexion
with the exploring expedition, and there seemed to be
performed extra services connected with that expedition
The bill was then reported to the Senate without
amendment ordered to third reading, and read
third time.
The question being upon its passage the yeas and nays
asked and refused and then the joint resolution
was passed without division.
On motion that the Senate adjourn, on division the
ayes were %, noes IS.
So the Senate adjourned.
House. property of Mrs. M. G. Meade. A sale prefer
red 1t is situated street west square 49, very
short distance from the War and Navy Departments,
manding extensive view Of the Potomac and surround
Ii contains eight bed rooms two arors bas
ors clubhouse for servants kitchen, and basement cellar
pump Of good water At the kitchen door bath for
hot and cold water with large garden and kitchen ward
q IA i. cnrnar oT( anItD