The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-07-18
pRocEEmNos AT LOUISVILLE.

The motion Of Morse and others against o'Riely and
others, for injunction in Tennessee and on the o'Rey
line south New leans, which for hearing be-
fore Judge Mckinley, at Frankfort the Sd Of May last,
adjourned by him 70 Louisville, there to be heard on
&C On shst day Mt Loughborough and Mr. Kendall ap.
peared for the compainanr but some days elapsed be.
made their appearance for the defendants.
A large macs Of afidavs and dispositions were read on
10 the Judge on Friday evening 18Th Of June On Mon
day morning the ID Of July Judge Mckinley gave hi.
si.i counsel substantially as iellow., vz,
l. That, Judge OF the Supreme Court OF the United
case TO operate elsewhere than in the Circuit within which
he presides circuit judge This objection based
the provision Of the patent act Of 1885, which vests the
power TO grant inuoiions in patent In the United
State, ccst courts. without mentioning the judges Of the
SAT- dges have jurisdiction OF such
This objection oyenuled The ground that the act
q I1s which conferred On single adss o. The s
might grant thein applies patent cases as well as
all Others AID s, no special grant o. power was necessary
That an Injunction cannot be obtained 10 patent case
without bill flied 10 the court OF the creoi, where u Is m
ssibe that bin has been filed In the United States CIR
cult Court IN Tennessee, the injunction asked for cannot be
This objection was oveuued the ground that the fling
Of the bill Ia couu prior 10 the motion Tor Injunction in
where the proceedings before single Judge OF the
Supreme Court IL not necessary.
g. That mones first patent Is void because the hiih
claim patening the combination OF dots and lines Tor
graphic purposes generally aud the eighth claim pstening
the application OF the marking
cordng OF the dots and lines by any kind Of machinery
moved by electromagnesni, claims for principles,
whereas principle cannot be patented.
This objection oveuued the ground that the pat
ent IL not Tor principle u y not for electricity electro
magnetism their for purposes Ill fee
graphic purposes but 1t for the application OF his power
TO specific purpose
Morse discovered that electro magnetism could be ud
marx down record Geographic signs any distance
This n great and important discovery
He also devised machinery by which this discovery has
been mnde useful TO mankind, and in this inpenfoH
His claims broader than his discovery and inven
ton, and therefore his patent is valid.
That defendants have not infrnged complainant pa
sn and therefore the injunction oughtno to be granted
On this point the judge said he relied upon evil
dence in the case than his knowledge Of the prn
cipes involved That the defendants used the motive
power Of electromagnetic TO imprint teegraphc signs
identical with Morses thereby Infringing his general
claims there seemed be doubt That the principles
of the machine used by him the Morse's there
a great preponderancs OF testimony. lie was therefore,
Of opinion that defendants do infringe Morse patent
That compliments had acquesced the Of Barnes
looks instrument by suffering the line from Louisville
New Orleans be built and that instrument put pom
without molestaon, and by receiving and sending mes
sages by Il through their agents.
This objection, the Judge sad had struck him with
force when st presented but discussion and examina
ton he found there had been scquiescence.
Asomessages passing over both lines was not partner